Mphwiyo family yet to be charged -ACB

Malawi’s Anti-Corruption Bureau (ACB) is yet to place charges on the country’s former Ministry of Finance budget director Paul Mphwiyo and his wife Thandi despite the two spending more than 48 hours in police custody following their arrest last week.

Mphwiyo:  New cashgate suspect

Mphwiyo: New cashgate suspect

The anti-corruption is also yet to charge the newly appointed director of Office of Directorate of Public Assets Declaration Christopher Tukula.

On Monday the three spent one more night in police custody with the ACB also admitting that it has also not yet recorded any formal statements from the Mphwiyo and his wife.

According to the country’s laws suspects are supposed to be formally charged within 48 hours of their arrest or be released on bail unconditionally.

However,  in an interview ACB deputy director Reyneck Matemba contended that the ACB was still acting within the law as the 48 hours have not yet elapsed that is discounting Saturday and Sunday although a law expert argues that the time limit also counts weekend days.

“The three will be charged in due course and within the legally stipulated 48 hours. They have all not been formally charged. In the case of the Mphwiyo family, we have not taken their statements. We are hoping we will do all this tomorrow [Tuesday] as they will be applying for their bail,” said Matemba.

Mphwiyo, whose shooting at the gate of his house in the country’s capital Lilongwe on the night of September 13 2013 exposed the plunder of public resources, was arrested on Saturday for money laundering, theft and conspiracy to defeat the course of justice.

Lawyer Mandala Mambulasa in an interview said the 48-hour rule which provides that suspects should be charged and granted bail within that period as stipulated in the Constitution Section 42 (2)(b) does not rule out Saturdays and Sundays.

Mambulasa is also President of the Malawi Law Society.

“The law says as soon as it is reasonably possible, but not later than 48 hours after the arrest, or if the period of 48 hours expires outside ordinary court hours or on a day which is not a court day, the first court day after such expiry, suspects should be brought before an independent and impartial court of law and to be charged or to be informed of the reason for his or her further detention, failing which he or she shall be released,” he said.

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9 thoughts on “Mphwiyo family yet to be charged -ACB”

  1. Wanex banda says:

    ACB and judges get thd points here raised by patriotic Malawians,MANYUMBAWO ALANDIDWE APO BII FIREGATE ISAWAPITILIRE AMENEWA

  2. S Allie says:

    Let’s wait and see for the court to do the job if not malawian will remain be poor forever

  3. OBAMA says:

    Even mu area 47 kuona nyumba mwini wake ndi driver wa boma ku ministry yinayake koma ali ndi nyumba mu area 10 and 47. Ndalama anazitenga kuti amenewa. Cashgate basi with this beauracratic system of government we have causes people to steal money in the government. Amene akukana zotseka account number 1 ndi amene akufuna kuti aziba ndalama za boma and one of them is Atupele Muluzi. Pa debate paja ankakana za maganizo otseka account number 1.

  4. mr man says:

    yes mrs senzani ali ndi nyumba pa bunda ,kuiona nyumbayo its close to 1 billion kodi ndalamazo azitenga kuti .iwe mphwiyo umati ndiwe odalitsika mchifukwa uli ndi ndalama zambiri tikulanda nyumbayo, mabillion ambiri amenewo ,inu a ac b mukalephela ndikhalapo ndine kuti ndithane nazo

    ezy u. k nbimenya nkhondo

  5. chris Nyirenda says:

    INU ACB NANGA TINAWELENGA KUTI PETER D MLAUZI ANACHITA CASH CHEQUE CHA TWENTY MILLION KWACHA NKHANIYI TINAYIWELENGA PA JANIARY 5 CHAKA CHINO KOMA MPAKA LELO AKUTI NDALAMAZO ANAGAWANA NDI AMENE ANALI REGISTRAR WA HIGH COURT MLAUZI NDI DEPUTY SHERIFF OFF MALAWI WOLANDA KATUNDU WA ANTHU OSALIPILA NGONGOLE ACB WELL DONE FEAR NOBODY

  6. lehlonolo majoro says:

    you stupid fools rush to arrest people without knowing what they did wrong???? acb my foot, mbaza zeni zeni!!!!!!!!!!!!!

  7. chikwangwani says:

    ali tiye nazo mkaziwanga ndalama za a malawizi. nde muzawagamulenso 3 years tiyamba kuotcha nyumba za ma judgetu tikatopa nanu

  8. Venezuela says:

    Fufuzani makamaka ma civil servants omwe amanga nyumba zowopsyeza, amazitenga kuti ndalama like theresa senzanis mansion pa bunda. Zilandidwe zimenezi kapena apo bii kukoleza moto basi tiluze tonse. Naye mphwiyo that house, anamangila ndalama zake ziti?

  9. mthako wa alhomwe says:

    kenaka muwalipire ndalama chonsecho mukuchedwesera dala.

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