Judge set July 8 to rule on Muluzi’s bond before travelling to UK for medical

By Nyasa Times
Published: June 30, 2009

Muluzi at courtHigh Court Judge, Justice Edward Twea has set July 8 to rule whether former president Dr Bakili Muluzi sign US$ 12 million bond and have his properties seized or not before he is allowed to travel for a medical checkup in the United Kingdom.

Muluzi – Malawi’s Head of State from 1994 to 2004 – is asked to explain the K1.4 billion ($12 million) which was deposited in his account from Libya and Taiwan when he was President.

Anti Corruption Bureau (ACB) sought the court order to impose a bond which Muluzi should accent, of a non-cash amounting to $12 million to ensure he returns from UK.

The graft busting body seized Muluzi’s property which includes 150 vichicles, Keza office complex which he sold to businessman Muhammed Nadhi and his BCA residence. His bank accounts have also been frozen.

“We want Muluzi to sign for a non-cash bond of 12 million (8.6 million euros). We want the whole nation to be in peace that Muluzi will come back,” Alex Nampota director of ACB who is leading the prosecution said.

The former Malawi president was expected to have a health check last week in UK on his slip disc problem which he was operated on in 2006 but was stopped after the Bureau seized his passport.

ACB acted after Chief Immigration Officer Elvis Thodi claimed in a sworn affidavit that Muluzi planned to bolt from the prosecution of the graft charges.

Nampota said the Bureau is not taking any chance “on the possibility that Muluzi might abscond.”.

Muluzi through his lawyers challenged the order describing it as “oppressive”.

The lawyers ask the court to dissolve the order and allow Muluzi to travel and treat the former president as a suspect and not a convict.

The anti-graft body briefly arrested Muluzi in 2006 on 42 counts of corruption, but all the charges, except for the K1.4 billion donor money, were dropped for lack of evidence.  

The then ACB director Gustav Kaliwo summoned the former president to the Bureau’s offices in Blantyre where he was slapped with a charge relating to this issue. 

Soon after that, Mutharika suspended Kaliwo who later resigned. A few days later, the then Director of Public Prosecutions, Ishmael Wadi, issued a discontinuance certificate. Wadi was thereafter forced to resign. 

Government claims that the former Malawi ruler diverted donor money from Taiwan and Libya into his personal, private bank account in Zomba. 

However, the Taiwanese and Libyans who had embassies in Malawi when Muluzi was president, were all booted out of the country by  Mutharika. 

Both the Taiwanese and Libyans were asked by the Mutharika government to testify against Muluzi by, among other things, signing sworn affidavits implicating the former president.  

When both the Taiwanese and Libyans refused to do so, Mutharika ordered their expulsion from Malawi. 

The lawyers for Muluzi have said the former president does not deny being a rich man, but that he was already a very successful businessman before becoming president. 

The government has never been able to show how Muluzi’s substantial personal estate was a result of self-enrichment through corrupt methods. 

Muluzi who is yet to make a plea, denies any wrong doing.

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  1. Abambo says:

    Musayiwaletu mulingo umene umalingira amzako.

    Kodi bwana Muluziwo ngati akudziwa kuti abweranso ndipo siolakwa, chikuwavuta kapena kuwaopsya ndichani kusaina bondyo?

    Kukanako kukutipatsa mantha. If I were Muluzu Iwould have signed the bond for my own health. Bwana Muluzi chonde sainani timve zina.

  2. nakabango says:

    koma ife a Mosewa ndi a Nampota awowo asatitopese.! I think they should find better things to do rather than kumatisokosela ife ndi zinthu zoti they even fail to provide evidence and procecute individuals from such and similar allegations. this is complete nosense, we want to forget the past and move forwad….! ala!

  3. Man of God says:

    Mr Nampota, as a lawyer and experienced one for that matter, if you have all the evidence, why can’t you just prosecute Muluzi once and for all? Otherwise zafika potinyasa nkhanizi. if Muluzi is guilty, he should be arrested and put into cold. We do not need to politicking on these issues. Bingu came with a message of change, form politicking to development in times like these, but what I see is contrary to his pledge. One thing Mr Bingu wa Mutharika should bear in mind is that, in the world of politics, there has never been a president who leaves office without skeletons behind. This office is prone to errors like these, so it needs the successor’ fiduciary spirit to safeguard his predecessor. Look at countries like Tanzania, USA, RSA, UK or Botswana or just our neighbor Mozambique to mention a few. When you hear nothing like the former president being prosecuted, it doesn’t mean they are innocent. But the incumbent there, knows, am not here forever, someone will also succeed me and I will also play former feud to him or her. Bingu better be careful, Kamuzu ruled Malawi for 30 years but people forgot the better things Kamuzu did. Muluzi splashed money to people including himself President Mutharika is the biggest beneficiary from Muluzi’s mismanagement (imagine from minibus owner to state president and commander in chief of armed forces). Be careful Mutharika, be careful and be careful. Time flies, yes time flies. Muluzi’s gesture to put aside politicks and endorse your winning was a great thing before God and God can not take that for granted he will protect Muluzi from your sinister intentions. Look at Chilumpha’s case, zomvetsa chisoni kwambiri.

  4. WHY HAS THIS CASE TAKEN MORE THAN FIVE YEARS?

    A Moya samalani with your so called advisers on this case of Bakili.Now food for thought.
    >We know that Thodi anaba ndalama koma you are doing nothing because he comes from banana land
    >Thodi does not deserve the position you have appointed him.
    >We have a lot of dedicated Malawians who could have done a better job than THODI.
    >If something happens to Bakili as you have denied him to seek medical assistance, kodi the Malawi Nation azalilila ndani?
    A Moya chaona mzako chapita mawa chilipaiwe.
    A Moya pa 2014 ngati muzakhala mulipo anzani azaku unikani(Anti Corruption Bureau)

  5. AKUTELO BANDA says:

    Oh!! So Libya and Taiwan refused to sign the sworn affidavits to implicate? Meaning? Some one help.

  6. Elukuluku says:

    MULUZI DID A GOOD THING NOT TO INVOLVE HIS BROTHERS AND KIDS IN GOVERNMENT BUSINESS BECAUSE I COULD IMAGINE THE WAY HES BEEN PERSECUTED POLITICALLY TODAY COULD HAVE TRIGGERED DOWN TO HIS KIDS AND RELATIVES AS WELL. BUT WHEN TIME COMES IT WILL BE (HIM) AND HIS BROTHER AND KIDS.

  7. Kabaifa says:

    What happened to the money Bingu received from Taiwan for the new parliament, how about the sale of MTL? Not to mention the presidential jet which was sold to the Mota Engil? Let Nampota explain all this to the public as well, why is he wasting time chasing one side of the coin, he should summon Libya and Taiwan and ask them if the money was really for the government of Malawi otherwise what we see here is pure persecution.
    Expropriation was repealed from the books because Malawians new from experience that there would be people like Nampota who would be so lazy to do a thorough job and choose to be persuaded by a president who is driven by vengeance.
    Why should Muluzi run away? Maybe the ACB and Thodi have answers otherwise this man has his mother and family at Kapoloma, is he so naive to leave them behind and flee abroad where interpol, UNICT and other justice systems keep vigil for criminals? Iyati what we’re seeing is a rewind of the trials of Orton Chirwa, Gwanda Chakuamba and Muwalo, its all political.

  8. Mabuleki says:

    Nanu ma judge apa Lawi why are so obsessed in fighting Bingu’s battle. You mean up to now all this fuss about Muluzi cases is engineered by Mutharika to completely write his former master now sworn adversary out of history? The ACB case against Muluzi is a personal vendetta and should not be become a court issue. If Bingu wants to finish Bakili he should hire Mafia to do his dirty work although the results will be the same as Mwanza 4, the country is watching mind you and whether one likes or not the sympathy from public is in Muluzi’s favour because he gave and Bingu received, then one wonders who is supposed to be prosecuted then?
    If the ACB is freezing Muluzi’s property, grabing vehicles and houses etc becuase they are demeed to have been acquired corruptly it goes that those who enjoyed like Bingu should equally face the law becuase the money was used to make him president just like a thief and a buyer of stolen goods both face justice.
    By the way what do the records show how much it cost Muluzi to propel Bingu from a jack to a king? I guess several hundreds of Millions….

  9. Mandevu says:

    Mabuleki reminds me of Animal farm where those in power regard themselves superior to others. The whole case of ACB Vs Muluzi stinks to high heaven. The best about it though is that it will show who is brave and just and who is a coward and unjust.
    There is no one who can in between, either you are for the rule of law or rule of man yes the thief and the buyer should both face the music. The case shows that Muluzi is not guilty and therefore has the inalienable right to defend himself in any manner that suits the situation, he should not perish like a chicken kwiyokwiyokwiyokwiyo without a struggle as some of the comments suggest, an eye for an eye is the rule of the game, Muluzi should not expect help from anyone just Jesus was crucified with nobody lifting a finger until he was dead.

  10. Amaze Nthara says:

    Muluzi no way lero timvere chifundo ayi a Malewezi atadwala anayankhula mwano.Apachikidwe basi ngati ali woyera asaine bond azipita oro asadzabwerenso.