Muluzi case returns in Feb: Malawi govt will not drop charges

Malawi government will not drop charges against former president Bakili Muluzi and wants it to get to logical conclusion despite giving him back several vehicles which the State had impounded in 2009 on suspicion that they were bought using corruption earnings.

Muluzi: Wants matter to be in constitutional court

Muluzi: Wants matter to be in constitutional court

Muluzi and his then personal assistant, Violet Whisky, are accused of diverting K1.7 billion allegedly public funds into Muluzi’s personal account.

The Anti-Corruption Bureau (ACB) spokesperson Egrita Ndala said the bureau was not dropping the case, but was preparing for an appearance at the Constitutional Court in February.

The former president argued when he was arrested that the charges amounted to “political persecution”.

Muluzi stepped down as president after serving two terms in office in 2004.

His lawyer, Tamanda Chokotho, told High Court that he wanted the case to go to the Constitutional Court as per Rule 8(1) of the Courts (High Court) (Procedure on the interpretation of Application of the Constitution) Rule as he felt the issues being raised in the case are constitutional in nature.

Chokotho claimed that Muluzi’s hand-picked successor, the late Bingu wa Mutharika, interfered with the operations of ACB by ordering his arrest on corruption charges when ACB had no intention to carry out the arrest.

It is on record with a leaked audio clip that late Mutharika ordered former ACB director Gustav Kaliwo to “shake up” Muluzi.

Chokotho also argued that the case was politically-motivated because Muluzi—who was head of State between 1994 and 2004—was continuously being harassed by arresting him. Muluzi was also arrested on trumped up treason trial at the airport when he arrived from UK. He is seeking compensation on that.

The lawyer also questioned the conduct of the offices of the ACB and the Attorney General (AG) in the matter.

“Did the former AG and director of ACB’s conduct to fabricate evidence against the accused not undermine the accused’s right to a fair trial as provided for in Section 42[2][f] of the Constitution?” queried Chokhotho.

Accoridng to Ndala, the case is coming again in February, 2016, when the High Court will hear from Muluzi’s lawyers and ACB on the application that the matter be referred to the Chief Justice for the Chief Justice to certify it as a constitutional matter and then refer it to the Constitutional Court for determination.

“Both parties were given 21 days to prepare and file their submissions, beginning with Dr. Muluzi’s lawyers as the applicants and then serve those submissions on the State and the court. The bureau is still waiting for those submissions to be served on it by Dr. Muluzi’s lawyers,” said Ndala.

Muluzi’s case started in 2009 and has now taken about six years due to numerous adjournments mainly attributed to the former president’s illness and objections from the defense.

Government already had given Muluzi back over 60 vehicles which ACB seized from him in 2009. According to ACB deputy director Reyneck Matemba, the vehicles were really “deteriorating” hence an out-of-court agreement between anti-graft body and Muluzi lawyers led to the release of the vehicles earlier this year.

The agreement was subsequently validated by court consent, Matemba disclosed.

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choncho
Guest
choncho
8 months 20 days ago

i have lost track of this case. What was it about???? Koma ndiye papita nthawi. There was a leaked audio tape where Bingu was commanding Gustav Kaliwo to shake up Muluzi. I think that was unprofessional on the part of the president. But Kaliwo also failed to do justice to this country by recording a private conversation with the president. Or maybe he was recording so that he can he can defend himself later in life when tcheya starts demanding compesation for unlawful arrest. All this points to my country which is not being run properly.

mbani
Guest
8 months 21 days ago

they want to cheat us as usual poor malawians

No Laughing Matter
Guest
No Laughing Matter
8 months 21 days ago

Of what use is ACB?They are corrupt themselves barking dogs that don’t bite.What are their successful conviction rates? Which former president or minister has been jailed because of their efforts? Nada. Disband these clowns.

No Laughing Matter
Guest
No Laughing Matter
8 months 21 days ago

Of what use is ACB?They are corrupt themselves barking dogs that don’t bite

Makwasa
Guest
Makwasa
8 months 21 days ago

Really??? His son is a cabinet minister in this administration and you want us to believe that this is for real? My foot who are you fooling?……..not me!

Dwambazi
Guest
Dwambazi
8 months 21 days ago

Who is Mathanyula trying to impress? Donors??? He wants to appear like he is doing something about corruption. This is just a gimmick. Donors be ware

Mathanyula
Guest
Mathanyula
8 months 21 days ago

We all know that ths s a joke!!! You just want to look good before the donors. What a mockery of justice is this. Mathanyula you need to stop these antics we are o sick and tired of you

Zachison
Guest
Zachison
8 months 21 days ago

Apapa just charge a Tcheya ndi simple charge like community service to avoid counter sue. The source of economic problems in Malawi ndi a Tcheya.

Charles Tunthuwa
Guest
Charles Tunthuwa
8 months 21 days ago

This is a total waste of time and tax payers money you can’t solve problems by creating problems. Let’s see who will benefit between chair and government. Forget about the past and start restructuring Malawi. Why don’t those acts happen in Mozambique or Tanzania. Konseko basi kufuna kuba Malawi shall never prosper with poor leaderships. We need young guys to rule Malawi nkhalambazi zikungofuna models basi.

Demeti
Guest
Demeti
8 months 21 days ago

Stop wasting public resources when the real deal is supressing political opponents agalu anyani afisi inu nonse okuba.
Nchawa anaba ndalama kukongolesa town ndi keza building.
Lomwe anaba kuzimangila ndata take kaya amaona ngati kuli life after death.
Mai nde anazigulira MA plot paliponse onse mbava nde musati nyenge ndi chala apa

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