Three judges to decide Namata’s appeal on Cashgate conviction
A panel of theee Supreme Court of Appeal Justices Rezine Mzikamanda, Lovemore Chikopa and Anthony Kamanga will determine the appeal of one of the key Cashgate convicts, Maxwell Namata, asking for an acquittal and has called for for submissions form his lawyers and the State on their arguments within 21 days.
Namata and his accomplice Luke Kasamba were handed eight and five years custodial sentences respectively on February 16, 2015 on two counts of theft and money laundering contrary to Section 35(1)(c) of Money Laundering and Terrorist Finance Act for the amount of K24,179,120.70 ($42 419.51).
Namata has engaged lawyer Michael Chipeta in challenging his conviction, both on the theft as well as money laundering offences.
He is also challenging the veracity of his sentence arguing that it was contrary to law and manifestly excessive.
Chipeta argued that the evidence brought before the High Court showed that government consented in issuing the payments of the money as such it could not be said that the elements of the offence of theft were proved
According to press report, Chipeta made reference to an earlier Supreme Court judgment, arguing that once the money, deposited by a customer is in the bank, ownership of that money no longer belongs to the customer but bank
“In this case the cheques were deposited in Standard Bank whether they were cashed later on by whoever got the payment from Standard Bank it can’t be said that ownership of that money was government it was Standard Bank according to this case [Supreme Court earlier ruling] that I am referring to,” explained Chipeta as quoted by The Nation.
Chipeta argues that Namata’s “sentences which are wrong in principle” should also be set aside and that should the Supreme Court validate Namata’s convictions , the sentences should be ordered to run concurrently and not consecutively.
The has adjourned the case to a date to be advised.
You have a very weak case and stupid lawyer. If money is deposited in your account by mistake, you need to tell the bank to reverse it. If you withdraw that money waba. Good day. 8 years mkazi wako achindidweeee ndi anzako kunamizira kukamuona
Namata, its better you are in Prison because Malawis laws are nit tough enough.if it were in China, you would have been executed! Malawians are suffering because of Namatas et al Cashgate and now he wants an acquittal? Kunja kuno anthu azaotcha inu!!! Ingokhalani ku ndendeko muzilandila msima ya ndalama zakubazo!
A wobbly test case, bordering on technicalities. Theft is taking someone’s property or assets without consent in order to Deprieve him or her of it or them permanently. Consent abstained through trickery or deceit is no consent. Using deposit in bank is exactly laundering the stolen proceeds. It does not absolve the thief from the fact that the thief stole the money or assets so deposited in the bank. The laundering process helps the thief to completes the permanence of the element of depriving the owner of the assets or property.
Hmm…..
akhoti ngati mupange ngati za mbendela mukudziwa kuti amalawife tikuvutika kamba ka chimbendela ? Amalawitu ana vota bwinotu koma ichi ichi chibendelachi
If there is someone who stole the biggest lot of the cashgate money probably second to JB, it is this gentleman. Anayamba kale kuba and when they probe the K577 billion, this guy will be high on the list. Sinsanje at all.
Acquital…why? zisachitike aphedwa. Momwe tikuvutikila a malawi ena nkumanjoya ndalama za tonse akuyesa tikusangalala mu mtimamu? Momwe ankabamo sankadziwa kuti ndi tchitmo?
Fotseki
Namate unkaberanji ngati sunkafuna kundende. Mbava iwe yachabechabe. Supreme court add more five years unto him
My learned lawyer, we dont apply law like a mathematical equation. The case you are referring is complete different from the one at hand. Anyway eat the money it ur time and tactics
With that argument then everyone convicted of Cashgate scam will be released. It doesn’t even need to be a lawyer to argue that their argument is naive