Legal review into money laundering – Malawi Parliament

Malawi Parliament will review the Money Laundering, Proceeds of Serious Crime and Terrorist Financing Act and some provisions in the Penal Code in the wake of the sentencing to 11 years imprisonment of the main cashgate convict Oswald Lutepo.

Chakhwantha: Review

Chakhwantha: Review

The Legal Affairs Committee of chairperson, Peter Chakhwantha, said they want to have a very powerful arrow in their quiver to address money laundering and wrongfull self-enrichment.

Some sections of the society have argued that Lutepo’s 11 years prison sentence for for conspiracy to defraud government and money laundering K4.2 billion is manifestly in adequate.

Judge Redson Kapindu of the High Court in Zomba when passing his sentence wondered why the maximum sentence for money laundering was pitched “so low” at 10 years imprisonment .

“Today we are dealing with unprecedented amounts of money laundered. Tomorrow we might be confronted with a very bad and appalling case of terrorist financing.

“The law makers should seriously reflect on whether the punishments we have on the statute book are sufficient to address the mischief intended to be cured by the legislature through the Money Laundering, Proceeds of Serious Crime and Terrorist Financing Act,” said Justice Kapindu in his ruling.

Chakhwantha, a lawyer by training, said his committe agree with the Judge’s observation hence plans to review the Act.

He said he has   instructed the Clerk of Parliament to write a memo to the Speaker so that his committee should meet and review the Act and other provisions in the penal code, saying it is a matter of urgency but their meeting will depend of availability of funds.

Chakhwantha said they need to review the Act so that cashgaters are “ punished accordingly.”

Money laundering law expert Jai Banda, who previously represented Lutepo in the case, has said stiffer punishments do not necessarily deter people from committing crimes.

If the general feeling is that the sentences are not adequate then there would ‎be need to review the Act but what people should know is that it does not necessarily mean harsher sentences will deter people from committing crimes,” Banda said as quoted in the press.

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11 thoughts on “Legal review into money laundering – Malawi Parliament”

  1. Kavuluvulu says:

    Jai Banda ukunama.

  2. Gerald katungafaduweck says:

    Go ahead

  3. alice says:

    Kadziko ka malawi nkuona sikangalemere. Chilango chidzikhala chakuphunzitsa osati kupha. Munthu mwamulanda kale zonse . Nkhanza Malawi sindinawone.

  4. nzake says:

    life in prison basi

  5. redeemed says:

    A daunting question is,prior to the civilization how did our forefathers deal with crime. I bet their method was quite effective hence low crime rate. Perhaps it’s high time we reverse the clock.

  6. We need LIFE IMPRISONMENT for money launders and government defrauders. There is not excuse on this.

  7. Patrikos Madevoc says:

    What Jai Banda did not say or was not quoted on is that in cases like cashgate the most effective punishment is to make the criminal more poorer by seizing all proceeds of crime on top of the stiff penalty. They should go to jail without any hope of enjoying proceeds of crime.

  8. Nthuni bondo says:

    Jai banda mmene kunali death penalty kale kuno crime rate was so low inspite of knowledging the fact that population was low. Stiffer punishment can and does deter swelling crime rates. Think of crime rates index kwa Arabs kuli sharia law. Mxiiiii let this young MP do review we need this Chakhwantha guy to use that committee to fast track stiffer penalties. Ndi lawyer nzako ameneyi and atinthandizako ku parliament. Amavuta bho uyo, muli tinzeru menemo. Paja akufunanso 92 billion ija ibwere chakwantha anatero kale ku parliament. Atsogoleri koma amenewa. Musiyeni agwire ntchito. Vote yathu iyooooooo!

  9. Sapitwa says:

    I don’t understand Malawians and I have passed that stage to do so.
    Between 1996 and 1998 not sure exactly,the issues concerning money laundering were tabled in Parliament as being serious issues then. We could see where things were going that money laundering if not dealt with seriously then would come to haunt us. Here we are on the same issue again. Just because the Presidency: Bakili,Bingu and Joyce were directly or indirectly involved in money laundering found it unwanting to deal with this matter seriously. Today they are the same guys who have defrauded the State hence all this stagnation.

  10. Wokumba dzenje azagwelamo yekha! Samala Chakwantha, samala Jai

  11. Mapiri says:

    Jai Banda, harsh sentence does deter crime.

Comments are closed.