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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23 thoughts on “Muluzi case returns in Feb: Malawi govt will not drop charges”

  1. choncho says:

    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.

  2. mbani says:

    they want to cheat us as usual poor malawians

  3. No Laughing Matter says:

    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.

  4. No Laughing Matter says:

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

  5. Makwasa says:

    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!

  6. Dwambazi says:

    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

  7. Mathanyula says:

    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

  8. Zachison says:

    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.

  9. Charles Tunthuwa says:

    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.

  10. Demeti says:

    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

  11. Green Grass says:

    Just like Kasambra’s delaying tactics and court time wasting this is also part B of Muluzi ‘s tactics after feigning illness for a long time and in the process waste lots of tax payers money. This case is a litmus test for the ACB and we are watching how it shall be concluded. But suffice to say this theft was the genesis of cashgate

  12. Angoni apaphata says:

    Bwana chair. Chonde dziko liri kale pa umphawi ili. Inu chuma muli nacho. Tisakulipireni ma billion chonde mutimvere chisoni. Chopusa ndi chimunthu munatipatsa ngati president chija.

  13. Adini Chiwa says:

    Mwangofuna popezera ma allowance pokhapo

    Nanga do you think mungawine against Atcheya?!

  14. Tengupenya says:

    Malawi Government brought the case. It is logical that it must seek to conclude it. It can not be left hanging in the air.

  15. Mwanawanga says:

    Inu a chipani cha dpp mukutaya nthawi pomalimbana nd Dr Muluzi,mmalo molimbana ndi kutukula miyoyo ya a Malawi muli busy kulimbana ndi Dr Muluzi koma chonde musaiwale kuti kadauluka kadzatera

  16. juli mchape says:

    Chitukuko mudzapanga liti ? Mukungotaya nthawi ndimuluzi musiyeni

  17. Changaputwa says:

    Mwasowano cocita kodi ?? Mayi ndi uyu mwamkanika mwati mubwelese za make zana ?? Alipo yemwe akukamba za chinyengo Canu ?? Vice wanu sanalowe opanda chitupa chonsecho malamulo muli nawo ??? Njauju simunampangele chiwembu akufufuza ndalama zonmwe DPP zidaononga, anthu mukwaona akuyankhula yawa ??? Saja inu munasowesa mwana wa Ku polytecnical kumpha mwa nseli, alipo amene abwela kukufukulani ???? Tizakumana mukazasika mumtengomo.

  18. anadimba says:

    apa matenda sayamba, agwirizana kale .nkhani ndi compesation.

  19. Achimidzimidzi says:

    I have noted that ACB is being used by government to bluff us. First example is when Mr. Matemba was On TVM talking about imminent prosecution of a big fish. That was too unprofessional and abuse of office.

    Today, what Ndala and ACB are referring as logical conclusion in Dr. Muluzi’s case is effectively a basis for compensation to Dr. Muluzi for unlawful arrest.

    I am paying a lot money in taxes just to be to misused.

  20. Mapuya says:

    Mbava imeneyo ikwidzingeni. Anabatu akulu ameneyo.

  21. musova says:

    mukozekere kumulipira muluzi chifukwa aboma mulandu uwu simungawine

  22. Nonsense pali nkhani apa? Mmalo moti mudzikasaka
    abiti Cashgate uko
    We all know Atcheya is squeaky clean

  23. Goddiea says:

    Matenda ayambikeso tsopano!

Comments are closed.