Kalonga’s JB cashgate link ‘hearsay evidence’: DPP says guilty plea milestone in pursuit of ‘big fishes’

Director of Public Prosecutions (DPP) Mary Kachale told High Court in Lilongwe during the conviction of former chief tourism officer in the Ministry of Tourism, Leonard Kalonga, who pleaded guilty to three counts of money laundering, wrote her office narrating the cashgate scheme.

Kalonga arriving at court

Kalonga arriving at court

In plea bargain, Kalonga accepted wrong-doing to three charges of conspiracy to defraud government, facilitating money laundering and offence of money laundering.

The court convicted him on his own plea.

The convict said he was meant to believe that  the stealing of K3.7 billion public resources was for to fund the then ruling People’s Party (PP) 2014 tripartite election campaign purposes but never dealt with former president Joyce Banda himself but it was hearsay as he dealt with former budget director, Paul Mphwiyo in swindling government through illegal encashment of government cheques.

“On the involvement of the then Head of State, Dr Joyce Banda, Kalonga had no direct dealings with her,” Kachali told the court.

“Most of what he [Kalonga] knew, he heard from Mphwiyo,” she added.

Kachale told the court: “Mphwiyo informed Kalonga and others that the money he collected was delivered to State House.”

Law experts say ‘hearsay’ is evidence of those who relate, not what they know themselves, but what they have heard from others like Kalonga allegedly heard from Mphwiyo that the stolen money was being routed to State House.

The lawyer explained that judge Fiona Mwale has a discretion to admit hearsay evidence if she feel that it is in the interests of justice to do so and, not doing so would prejudice a party to the proceedings, whether that be the accused or the prosecution.

However, Kalonga stated in his affidavit that on just one occasion, he was present when Oswald Lutepo, another Cashgate convict and kingpin, deliberately put a telephone conversation he was having with then president Banda on speaker phone, the court heard.

“He thus once heard what Lutepo was saying assuring her [the speaker believed to be Joyce Banda] about bringing more money for the campaign,” said Kachale.

Kachale told the court that the Office of the President and Cabinet (OPC), Accountant  General, Financial Intelligence Unit (FIU), Reserve Bank of Malawi (RBM), Office of the Director of Public Procurement (ODPP) and Treasury are among the top government institutions that were closely involved in the cashgate affair.

Kalonga said Mphwiyo also instructed him to recruit contractors within the construction industry – including convicted Laura Savala – to avoid suspicion when drawing large sums of money.

“Initially the scheme entailed actually requesting for extra funding and production of fake documents to process the payments, but once Mphwiyo became budget director, the modus operandi changed. There was no longer need for the Office of the Director of Public Procurement to issue no objection letters to the department of buildings to issue fake interim completion certificates. It was said that the Accountant General Department was fully on board,” reads the court statement.

Kalonga confessed in court to have bought six Marcopolo buses using public resources amounting to K520 million and the other amounts was sourced through tourism ministry fraudulently.

The court heard that Limbikani Gumbo an employee for Automotive Products where the buses were bought received the K520 million cheque from Kalonga.

The State has entered plea bargain deals with cashgate suspects to pay restitution in a greater amount to the stolen public funds and have lenient sentence.

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68 thoughts on “Kalonga’s JB cashgate link ‘hearsay evidence’: DPP says guilty plea milestone in pursuit of ‘big fishes’”

  1. Chigawaneni says:

    Sin shall be punishable, no matter how small or big it may be. Kaya wina adaba zochepa kaya zambiri, Malawians are feeling the pain. Whether now or then, the culprits must face the law. God shall finally give the unmistakable jurgement. Amalawi sitingamangovutika inu mukumakhala moyo ngati muli ku Paradizo!

  2. Denguzman says:

    Ndikutha kuona boma liwonongaso ndrama zambiri nkulimbana kuti amumange JB. Cashgate ikuonetsa kuti JB sanalembepo cheque cha boma or iye kulandira cheque kuchokera kwa unduna wina uliwonse bt all is politics and i wonder why boma ili likufuna kuluza ma millions ambiri kufuna kukamuputira dala JB while ppo are taking drugs without eating. Koma 5yrs muyimaliza inu?

  3. DPP trying to cover the MK577 bn they stole during their reign between 2009 and 2012 by stressing that PP was the party that masterminded the cash gate. Pngachedwe maka MK577 bn idzaululika ndipo amalawi sadzakukhululukirani. Mbava zachabechabe inu. Mukuona kuba kwa anzanu kusiya kwanu. By the way MK30bn and MK577bn which figure is big??? and which one came first???? Mr Ibu musapange za mkuluwzanu kumumaga Bakiri chifukwa cha Mk1.7bn pamene iyeyo ankaba MK577bn. Muulungu sadzakondwa nanu and see what happened to your brother. The bible says uyambe wachotsa chitsotso chomwe chiri mdiso lako usanayambe kuchotsa cha mdiso la mzako. A word is enough for the wise, the Nigerians always say.

  4. Brother to Willet Kalonga a DPP MP. The money was used to fund the DPP.

  5. musisipala says:

    JB knew everything. When phwiyo was shot,she told the nation that she knew the people who shot him. She also admitted that she got a share. She also praised lutepo at a larry for a donation and etc etc

  6. Kamsonda says:

    Wanga Gwede! Lets now follow the hearsay evidence. Kalonga stole the money. He was told by who and sent by who??? Kalonga gave the stolen money to who??? Then this who gave who????????
    LETS JUST FOLLOW WHERE THE MONEY FINALLY WENT. PAJA ananena kale pa press conference dziko likumva kuti: ukatuma munthu wina kukaba ndipo akakugawira ndalama yokuba; iwe siwakuba!!!!!!!!!!!!!!!!!!!!!!!!!

  7. Njalayamalamuchiuno says:

    It is so irritating to see so many failed attempts to link JB to cashgate by some quarters. So far most of these are unsubstatiated and driven by emotions and wishful thinking aimed at name damaging. If there is any substance in the allegations, we have bodies that pursue such issues either than MBCTV parading people to, onesidedly, present their views and misleading the public in the process. The public has so far heard nothing on the Mk92 bi.lion let alone the Mk577 billion. Politicising issues of cashgate will not help the country as donors and the public are waiting for a speedy action from the Government.

  8. Lord Mansfield says:

    Iwe Footsoldier What Do U Want MCP To Do With Cases Which R Being Handled By Courts? Basi Zinangokulowani Mmagazi Zolimbana Ndi Congress, Its Not Partys’ Rsponsibility & They R Not Even Suposd To Coment Ma Court Azithananazo Zimenezo Enafe Tyeni Tizingolimbana Ndi Maumphawi Adziko Lathuwa

  9. Foot Soldiers says:

    We quietly understand that you want JB. Kalonga waba yekha and you DPP has connived with him to implicate BJ. K577Bn yanu mwabisa. Zili m ma Account. Komatu musamale. Take care.

  10. foot-soldier says:

    I am mightly disturbed that the main opposition party MCP has elected to keep quiet in the face of such shocking revelations! Is this in good faith or for fear of the possible involvement of some of its members (apart from those we already know such as the Logas) or just naivity or MCP as a party also hoped to benefit from a similar scheme in future or has already benefited from the present thieving scheme?!

  11. King . says:

    all ‘toxic’ assets even UNIMA students loans

  12. nganga says:

    Charles Chuka!Charles Chuka! Charles Chukaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa! Must be arrested now ndi anyamata ake …

  13. moses says:

    dziko lathu ndilaringono komaso chiwelenge ro chathu chochuluka ndi anthu mburi ochuluka choncho manja kunkhongo basi…

  14. Zuzuma. says:

    Well wishers on the run

  15. Hemaso says:

    TRUCE AND RECONCILLIATION IS THE ONLY WAY TO GO. LETS INVOLVE EVERYONE IN REBUILDING THIS NATION. ALOT HAVE HAPPENNED WITH DIFFERENT GOVT THAT WE DO NOT WANT TO SAY, ALL OF US KNOW WHAT WAS HAPPENING AND WHAT IS HAPPENING, IF WE WANT TO CORRECT THINGS THEN LETS FORGIVE AND FORGET THE PAST AND FIND THE LASTING SOLUTION. THIS CAN ONLY HAPPEN IF WE CAN ACCEPT THE PAST MISTAKES AND ALLOW EVERYONE TO BE PART OF SOLVING THE PROBLEM. I HOPE SOMEONE WILL READ THIS AND TAKE IT.

  16. Zuzuma. says:

    Politicians are dull people who employ professionals to steal on their behalf. The professionals get arrested and end up in jail. The politicians flee and and get internationally protected.

  17. kikikikiki kuvutana ndi mzimayi bwampini kupeperatu uku find means to drop inflation kwacha in flying non stop forget cash gate it is for everyone DPP & PP the only way to sort that out is to tackle both cash gates you can not separate them leaving one is leaving all. whites have ran away look for plans to do it alone or you will be a ploughing platta

  18. kapolo wa chuma says:

    zonsezi ndi mbuzi including the current step father, waoooo young malawians lets fight now for our own diginity,,,zikakhala zida ndiye ndili nazo

  19. Telling the Truth says:

    The Casablanca mansion, Mpumula Wa Bata masoleum, K61billion are evidence of looting of govt funds during the Bingu wa Mutharika regime which continued under Joyce Banda. What I find shocking is the way Joyce Banda squandered the goodwill of Malawians when she became president in 2012 after the terrible and sinister rule of Bingu wa Mutharika. DPP is back with a vengeance and we are all seeing the economy sinking and bad political governance coming back. Look at the brutal killing of Njaunju. The nation is not being told anything.

  20. iyawm says:

    Joyce Banda said a day or 2 after a rally and we have a copy of that, “I know who shot Mphwiyo”…..nde ena mukuti chani apa, she was the mastergang

  21. segerege says:

    sizodabwitsa izi, akulu akulu andale amanamizila president kuti abe m’bomamu. takhala tikuwelenga m’mapepalamu kuti even Dr Ben Phiri wakhala akuba ndalama mu dzina la apm chonsecho apm samadziwa kuti dzina lake ndi mgodi. dzina la president ndi mgodi pa malawi pano. jb anawapeza ulendo wa a lutepo ali olemera kale sakanadabwa chilichonse akulonjezedwa kuti athandiza ndi. ndalama. anthu omwe amachitidwa appoint ndi president m’maudindo osiyana siyana, kawiri kawiri amachitidwa recommend ndi anthu a m’boma momwemo monga nduna tsono apa nkhani ilipo koma mu khoti jb adzatuluka clean. kalonga, mphwiyo, lutepo, ndi adzinzake ndi akuba pogwiritsa ntchito dzina lomwe liri mgodi wa dziko pa malawi. (president)

  22. Thom Paul Duncan Nkalodzwa says:

    Usazandiuzanso ine zapatriotism. One muzindiuza za patriotism pamene inu mukuba ndalamq zankhani nkhani zabomq stupid ZANU. Inenso ndikapeza mpata ndizingoononga basi. Wafawafa saopa kununkha. Zitsiru zimenezi

  23. chuka wakuba says:

    In all where is Chuka and why is he still RBM boss? I doubt if he is clean. Can someone work up and investigate this bastard.

  24. chiya says:

    Mpaka hearsay evidence? Ine ndikuona kuti JB is a smart woman.It seems she beneftd from cashgt but was clever by doing so from a distance. JB simumutha a kalonga. Moti mabasiwo anakutumani ndi JB?

  25. chiya says:

    Inenso ndinamwako nawo mowa wogula ndi ndalama za cashgate koma bwanji sakunditchula angotchula jb basi.

  26. bamusi says:

    U are all thieves. Malawi graved.

  27. Unenesko says:

    This hearsay will not implicate Joyce Banda in any way. However, Kalonga has said many sensible things and has anwered queations a lot of us had. such as why FIU was quiet and Reserve bank did not query once off withdrawals of over a billion in a day and why ODPP had no objections. Clever Mphwiyo had put his foot soldiers in all these departments so that no questions were asked. These people who looked away must have benefited something for them not to ask questions. Please investigate these departments and any obscene wealth they have. Charge them with conspiracy to commit, aiding and albeiting. Koma Joyce Banda ngati anapangadi benefit nde she’ll never know peace because the small fish she used are suffering. Just look at Lutepo in his sorry state. If indeed she was well advised that no trail of cashgate leads to her, she will escape the law but she WILL NOT escape the law of GOD. That is why she is failing to come back home and rest. She is waisting her money moving from country to country since she has no permanent residency. She has no peace. Amayi mukumva bwanji kuona Kalonga yemwe munamutuma kugula ma bus a campaign akulowa mundende, Lutepo ali pa wheelchair milandu yamusokoneza bongo. Koma tulo mukumagona ndithu usiku ana omwe mudawaika mmavuto akuzunzika?

  28. Zabwino says:

    577 and 92 and whatever the Lutepo/Kalonga are saying shd be investigated with this govt out of the way. Musayiwale nonse sindinu namalenga who sees what your naked eye cannt see. Chikwapu cha Mulungu, wolenga Kumwamba ndi Pansi ndi choopysa ndipo simungachizembe. Chotsani chitsotso chili m’maso mwako kuti uwone bwino chimene chiri mwanzako!!! Zozemba ayi chifukwa Mulungu akukwapulani posachedwa.

  29. Mayeso Miyala says:

    We Malawians are we that stupid? So you think by hearing a conversation between two people talking about bringing more funds for the campaign is tatamount to being involved in stealig -cashgate? Let me borrow one ken msondas words talking to mij fm thursday morning ” kufatsa ndi kupusa ndizosiyana”. End of quote. I think ife a Malawi ndife opusa not ofatsa!

  30. dwambazi says:

    If all the evidence you have against JB is hearsay then you have nothing. Hearsay is not admissible in a court of law, shame on you fools.

  31. Kikikikiki I have never seen anthu osaganiza ngati awa Mr Kalonga and your fellow DPP mukungozilumbira nzenje Namathanga never lied to the nation she told the court the truth she would have been the first one to metion JB. K577 Billion ili mubwalo if you think you will go free mwalemba mmadzi

  32. Zidura Mtengo Undigwere says:

    No matter. Even if Mr Kalonga never dealt with Joisi Banda directly, evidence is still mounting that she had a serious hand in Cashgate. The public knows and accepts this as fact.
    The courts will follow suit in determining legal culpability regarding the former president. As soon as, and when and if, she comes back to this country. Malawians would like to see Joisi Banda in court, baasi.
    Cashgate investigations should NOT be shelved until this is done!

  33. Aubrey Norman says:

    Apa tikufuna amutchule yemwe anawombera Mphwiyo chifukwa analiwuza dziko kuti anthu achiwembuwo Joyce Banda akuwadziwa komanso abweze ndalamazo kuti zipindulire eni ake amalawi.

  34. John kamwela says:

    Paul mphwiyo and his fellow civil servants are the main culprits.
    They shouldn’t lie about jb. Aren’t they the same people who lied about kasambara

  35. Teams says:

    As Mary Kachale tries all she can to top in JB in this case it will be interesting to see how she and the ACB will proceed with the case of Muluzi. We know that Muluzi actually deposited the money in his account so let justice prevail in both cases and no double standards please.

  36. Leonard. Unayamba kuba uli ku secondary then ku Chancol mu chiswe and shop lifting in PTCs tikapita out with your friend Ben Mlasaanthu. You continued the corrupt life when you were a policeman between 1992 and 93. Now you have ended up there at 48 or 49. It’s a shame. How you survived was a miracle.

  37. ankolo says:

    so why did JB say she knows who shot Mphwiyo. a commission of inquiry is needed and she must testify. she appointed Mphwiyo and he authorised the payments. that means the whole govt machinery was involved. and where does the buck stop?? on JBs desk. if she is not ultimately responsible to officers she appointed than the only other alternative is that she is extremely naive and daft. between a rock and a hard place. this same logic applies to Bingu and to Petulo. there are no scared cows in ultimate justice.

  38. Majoti says:

    MY FELLOW YOUTHS,LET’S OVERTHROW GOVERNMENT BECAUSE OF CASHGATE:part 1

    Our colleges are being closed due to lack of funds.
    when we complete our studies there are no job opportunities rendering us to continue depending on our parents up to 30 years and over.
    People are dying in Hospitals due to drug shortages.
    All this is happening while we have lots and lots of our tax Money in Government at Capital Hill in Lilongwe,where some people who wants to be clever than all of us are enjoying them,building beautiful mansions,driving poshy cars,splashing cash on girlfriends.

    These Lilongwe guys are so clever than all of us including our poor grandmothers in Nsanje and a destitute father in Chitipa who cannot even afford to buy food.

    We all along know that in government there is always corruption and fraud,but what is shocking us now is the magnitude of it.

    Billions of Kwachas missing?? c’mon we are not serious as a country,this is totally bullshit and unacceptable.
    Where was the fucking President,Where was the stupid Finance minister,Where was the dumb Accountant general,Where was the silly governor of RBM.
    But these are the very people who we trusted to take care of our fucking money.

    This means that we don’t need government anymore,its useless,we can do without it.

    It’s time we take these matters into our own hands.

    So ,Malawian youths let’s mobilize our Arsenals,whether we have community Gang groups let’s arm ourselves and be ready to defend our dignity,freedom and human rights.
    It’s a payback time.

    So the plan is,we should burn,destroy and eliminate any property which we believe was acquired fraudulently using our money.
    We should also invade Capital Hill in Lilongwe to demand and collect our money.

    As I said we don’t Government anymore, we can everything on our own.

    Let’s rise and show these faggot politicians that we tolerate Stupidity no more.

    1. Oh says:

      As a youth, do you pay tax?

  39. Lizeo Biliyati says:

    Apa JB mwamulephela basi.

  40. Ano mani says:

    Amalawi kumvetsa chisoni kuyiwala k577 still kuvotera omwe aja…koma!

  41. Willie Chimseu says:

    It is my hope that more interesting cashgate saga to come.

  42. george says:

    u now know who are criminals of land. chief executives,controlling officers,accountant,ass accountant,some contractors,some principal secretaries and u call these thieves well wishers of those in power[govt|ruling party ]

  43. Achimidzimidzi says:

    It will be a chain of convicts becuase all those motorcycle beneficiaries, cattle beneficiaries and mudzi housing beneficiaries and Automotive Products Ltd are involved in the money laundering.

    Civil Servants very stupid people and puppets.

  44. Dr.prof.nyada says:

    Everywhere in the world people enter I no plea deals to get lenient sentences for good of the nation and those involved including real murder cases. The state us just doing what is required in the world of justice. Karonga stop the she and he said business Cox you too were among those who had it all.got to jail and rot there.

  45. MSANA WA PETURO says:

    That’s very true … and I totally agree with you. Idiots like Dausi Henry Mussa and ugly Chaponda are busy trying to divert minds of Malawians from the 577 bn saga whose most culprits are DPP idiots. But my friend … our solace is in the fact that (1) it is only very few who will be misled by dpp propaganda and that (2) God sees and his wrath will soon be upon those who think they are cleverer than Him. Destruction of this oppressive, enslaving mapwevupwevu regime is looming and has reached an advanced stage. Last time some tried to divert it by sacrificing goats to Allah but can Allah be controlled by dirty people? It was irreversible just like this one will be. Mark my words!

  46. Manyaziulibe says:

    Duck the whole govt system is rotten believe me not nothing is gonna change. Ask me? Why do pipo start politics ???? Answer is to satisfy their needs through stealing.

  47. mbuyuni says:

    Malawi, a dead country with probably live citizens.

  48. Mbonga Matoga says:

    Whether JB was involved or not, this cashgate issue should serve as a big lesson to all those in govt and all Malawians who allow themselves to be used by the powers that be, that one day everybody will have to answer for their own actions.

    JB did not put a knife against your throat to force you to steal the public money, you did it because you had a shared interests to fulfil. Even if you were forced to do it, you had the option to quit the job, that’s the price you pay when you really love your country.

    It is obvious that JB was somehow involved in this cashgate thing becoz when this issue first came out, her first comment was that the one who did the stealing is the one that need to be prosecuted and not the receiver. In essence what she meant was that she was just a receiver not the stealer.

    Again this is the lesson that everyone being manipulated by these scrumptious politicians should learn, that when you are eventually caught and brought to the court of justice these politicians will dump you like a used condom.

  49. Alungwana says:

    577 billion

  50. Kanyimbi says:

    So the whole government was busy stealing our hard earned money? its pathetic.

  51. Trevor Manyi says:

    577 BILLION???

  52. Okay? says:

    That’s why Abiti Joyce Hilda Ntila Kachali banda ali on the run eti? wakuba athawa yekha. Mbava yaikazi ena sankaidziwa ife timaidziwa kale kuchokera kwathu kwa a Che Ntogolo kwa Malemia.

  53. Malawi says:

    Money for campain but ended up buying buses. Why was he depositing money in his account. Munthu wamkulu Kalonga kupusitsika ndithu. What if Mphwiyo was lying just to get u excited in stealing. Why didn’t u ask Mphwiyo why the compaign money was never clai med after you stole it. The more you mention JB the more this story is getting complicated. Just because JB is being hunted you think think that’s the way to go. Why was Njaunju killed, why did they rob the Germany company. DPP is not sleeping well. They want JB so that theirs can be concealed. They know JB has a joker. Wait and see

  54. Koma mukadaululana. Nanga MK577 bn ija tiyamba liti kumva kuti ada ndani.

  55. Kadakwiza says:

    So the whole Malawi government system was involved in this game called cash gate. Now I understand why Malawi is poorest in the whole world.

  56. Mlakho says:

    JB was not involved.Kalonga ukafere kundende ndiwe woyipa kwambiri.

  57. Lake Malawi says:

    Shame on you Kalonga. Where did you drop your ethics?? Now you are in a cooler for the love of money which have left behind. People will forget you in no time and you will rot in Jail just because you were fooled by the people you are naming now. Repent your sins maybe you will be free in another life.

  58. chechipapwiche says:

    Signs of the times

  59. clement says:

    Wow! That’s interesting story

  60. Raph Kasambala says:

    Yes Mary Kachale is right Joyce Bnanda can not be qiuzed of any wrong going here,Kalonga has to prove beyond reasonable dout that Joyce Banda was involved

    1. M23 says:

      That does not exonerate her. JB is a suspect in cashgate. So is Bingu, Peter Muthalika and alot of DPP cadres. Let us sweep clean our state of these maniacs. Sesa JB sesa, sesa APM sesa, sesa DPP sesa. Let us have a new corrupt free Malawi.

  61. ... says:

    1. Mkuluyu walandira chi banzi cha DPP when he mentioned that JB is involved. Why? DPP wants us to stop focusing on the robbery of K577 billion cashgate documents from the house if the German Officer.

    2. The buses are his as it is said ” The court heard that Limbikani Gumbo an employee for Automotive Products where the buses were bought received the K520 million cheque from Kalonga.” He wanted to use the buses for his personal gains and no other.

    3. The money he stole was deposited in his personal account and not JB’s account.

    4. Ministry of tourism inabooka because even the PS Namathanga-Sezani naye anawomola zake.

  62. mbanga says:

    ndiyeno

  63. chakhalira says:

    Koma Malamulowa sizinthu. Really the state has entered plea bargain deals ……………………..and have lenient sentences???????? with akuba?????

    I do not think this is real justice. Izi ndi za fake, za fake! Zikatelo, he will be convicted 3 years? Wakuba mbuzi imodzi 5 years! Sheeeeeeh! Mulungu atithandize osaukafe opanda ma Lawyer.

    Kaya tiyeni nazo ndife a Malawi tsikulina Mulungu adzatichitila chifundo.

  64. The real ujeni says:

    These fools used the name of Joyce Banda to see. While Bingu and the whole DPP just took the money without anyone saying mfwe mfwe, Ndata and other assets of APM et l is proof to that.

  65. Mlauzi says:

    Koma ziliko

  66. Truck says:

    NKHANI ZOMVETSA CHISONI STEALING MONEY OF GOVERNMENT LIKE THAT AND FORGET WE WILL NEED MEDICINE IN HOSPITALS AND PAYING SALARIES OF CIVIL SERVANT NO MERCY FOR CASHGATE PEOPLE MUST ROT IN JAIL AND NO BAIL WAKE UP MALAWI

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