Sithole found guilty of cashgate; sentencing adjourned to Oct 28

October 17, 2014 Wanga Gwede -Nyasa Times 60 Comments

Former Accounts Assistant in government Victor Sithole has become another civil servant to be convicted of stealing millions of public money, dubbed cashgate scandal.

Sithole at court: Guilty as charged
Sithole at court: Guilty as charged

Sithole, 27, was charged with being found in possession of unexplained cash suspected to have been stolen amounting to K112 million, $31 800 (about K13.6 million) and R122 400 (about K4.5 million) in hard cash which was found at his house in Area 47 in September last year, leading to revelations of Cashgate scandal.

On Friday at Lilongwe Magistrate Court, Senior Resident Magistrate Patrick Chirwa, said Sithole is guilty in all charges as prosecution led by Kamudoni Nyasulu has successfully proved their case.

“There was reasonable suspicion that the possession of the money was a result of theft or money obtained unlawfully; the accused had kept his money in unusual places, and his explanation in the court was not satisfactory,” said  Magistrate Chirwa.

During the trial, Sithole claimed that the millions which were found in his possession did not belong to him but to businessman Oswald Lutepo.

He said Lutepo, who is answering his own charges of theft and money laundering belonging to government, gave him K130 million to buy produce to supply to Agrifeeds.

He told the court that he knew Lutepo through a friend Dan Zimba and the two only met twice, to make agreements and to collect money.

Kamudoni Nyasulu, during prosecution argued that there was reasonable suspicion that possession of the money was as a result of theft or money obtained unlawfully.

Magistrate Chirwa said Sithole is “guilty as charged” and is convicted.

Prosecutor Nyasulu asked the court to give more time for the submissions on sentencing.

“The case cited in this court is mostly related to the United Kingdom and the Republic of South Africa and these countries have their own regime pertaining to sentencing; hence, we seek the court’s indulgence for an adjournment so that we can give fair opinion before sentencing,” he said.

Sithole’s lawyer, Necton Mhura of Kalekeni Kaphale law firm, said he will provide submission of relevance in sentencing especially on money laundering charge.

The court adjourned to October 28.

Sithole’s conviction follows that of former principal secretary Tressa Senzani who was sentenced to three years imprisonment with hard labour on her own plea of guilty on charges of diverting K64 million of taxpayers’ funds to a private company she admitted to.

Meanwhile,  the Public Affairs Committee (PAC) expressed frustration over the three-year jail sentence handed to Senzani for her role in the sensational plunder of state resources that has become commonly known as “Cashgate”.

PAC spokesperson Peter Mulomole said the civil society group was concerned that the sentence handed down by the magistrate last week did not reflect the seriousness of the crime and the amount of money allegedly stolen by Senzani.

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60 replies on “Sithole found guilty of cashgate; sentencing adjourned to Oct 28”

  2. koma a polisi olembedwa ndi a mathanyula, manja m’thumba choncho koma akuperekeza mbava yayikulu ngati imeneyi. pa nyasaland amwene!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

  3. PP Thugs, can they expose the big fish too apa!! it is about time, she is busy jumping to other countries she better come and face the law!!

  7. At 26 and a house in area 47. Mwana anatasa ndi misonkho yathu uyu. Watsala Namata and Nantchito both mansion owners while most of us are strugglers. Area 6 where Maula Prison is located is waiting for you. Leonard Kalonga will have no chance for women and the title of Nyapala is waiting for you there together with Joster Njanji.

  10. Malamulo a pa malawi ndi 0 pa hundred how come Lawyer Kasambara akuyimbidwa the same mulandu ali ndi ufuru oyimila anzake mulandu ofanana this is rabish these are thieves and Muhura is busy deffending mbava zoonekeratu ali mbava nayeso rotten country you need a wise to catch thieves osati tulo mulinato mu dziko muno changamukani a malawi.

  11. koma chofunika muwa patse zaka zochuluka ngati 40yrs IHL. Kenaka ndalama manyumba ndizina alandeni tigule mankhwala.

  12. Please my deepest concern with Malawi Police Service: This is Child Abuse; Violation of Child rights at its best. How can the MPS recruit this VERY young man as an Officer? Look at how he posses, with his hands in his pockets. It simply shows that he does not know what he is supposed to do, not even ready as responsible officer, So childish to say.

    Mwana otere kukayenda ndi mbava zoopsa zoba ma billion ngati zimenezi. A Dzonzi be serious please !!!!!!!!!!!

  14. The most important aspect of the cash gate should be to recover the money which was stolen. Please, have a heart, and visit the Hospitals in Malawi to see hoe our people are suffering whilst politicians fail to declare their assets with only one aim in mind, to loot more from the Government.

  15. Sithole mwana okuba ameneyu kuchokera tili ku school ,,anaba packet ya mavuzi komaona ngati money ooooooo ubanso ndevu za lutepo,,,,mahule anu aja anyengana ndi ifeno inu mukukha madzi

  16. Kodi bwa wa Polisi’i sali serious? Manja m’thumba ngati akuyenda pa mseu, kuti akazi amuone, kuti iyeyo akufuna kunyenga? The optics are not good here for professionalism.

  18. This has confused me for so long, Kaphale his Law firm makes millions per week and how did he Kaphale accept to take up a job with minimal pay? These Lawyers are not straight forward people.

  19. Tangochionani nkhopeyo ngati akuchinamizilatu Chi Sithole.Ndalama itchulidwayo yosamukhala,kuyera ali biii.

  21. mene ndalama zavutilamu anthu kumidzi kuno tikuvutika kusowa ndalama zomwe anthu ena akuziseweletsa yakwana nawo nthawi yawo osawasiya ameneo tiye nawon atisaukitsa ife

  22. There is something like a lump or swelling on his neck, just below his ear. Or is it just a photo distortion?

  26. Inunso ma lawyer kusowa chilungamo bwanji kkkkk kumuikira kumbuyo munyhu okuba? Muzaziona okuba akazakuberani kwanu mmene zimawawira Anthu oipa inu

  29. Magistrate Chirwa and Kamdon Nyasulu, Zikomo poyika interest of our Nation first, osati eny akulandira ziphuphu nkhumapereka 3 years improsoment. Uyu mumphatse life imprisonment, akathele konko.

    1. Mwadabwa chifukwa amumbwandira, ifenso timadabwa mamansion aku Area 49 omangidwa three hours, ine ndimalandira 2million koma kanyumba kamodzi ku 10.

  33. Let all those had hand in stolen the tax payer money be jailed for many years and finish their enjoyment at prison. The minmum sentence should be 40 years.
    I can hand over my house to be prison mainly for cashgate people.

  34. ISNT IT INTERESTING THAT ALL CASHGATE CASES SO FAR ARE BEING DEFENDED BY THE LAW FIRM OF THE ATTORNEY GENERAL? any conflict of interest here….AG as a prosecutor and AG as a private defence lawyer through his company?

  35. I am waiting to hear a judgement from my schoolmate Dingiswayo Madise. This guy is no nonsense when it comes to passing sentences. Why can’t we hand over the cases to DIngi!!!!!!!! AAAAAaaaaaaaaa Mukitchedwetsa bwanji. Anthu awa anaononga kwambiri

  37. Koma ndietu ndi handsome. Andigaile change cha cashgate ameneyu. Akamaliza kuseva six months akabeso zina adzandpatse

    1. nawe handsome uyu mwamuna onyasa uyu tangooona chinkhopecho learn to provide for yourself ukadapempha makokobidi kwa amuna??? mbuzi iwe be financially independent uzimufuna mwamuna azikuchinda osati ndalama mbuzi iwe kape iwe

  38. I don’t understand…. this Sithole guy at his first case was represented by Wapona Kita…..what happened……Lutepo as well has changed lawyer to his name sake Mtupila…. Mtupila once worked at Kalekeni Kaphale Law Firm…….

    I can conclude that Lutepo as well will lose the case…… You know what….. Kalekeni is in DPP,,,,, and the cashgaters once told him the whole truth as you are supposed to tell your lawyer…..

    Kalekeni has now briefed all the judges what to do…..sinanga iye wadyapo kale zake zonse……..

  39. Let him spend more years in the cooler…….anadya ndalama zambili anthuwa,,,,,,, muzafa imfa yowawa…….

    October 28 is 11 days from today….. not long enough…..ulape cause you will die in jail…..

    When is Carols case…..let me know……what about Ndaona and her sister kkkkkk Lenard Kalonga kkkkkk

    You guys are working…..

  40. Wait a minute, when Ralph Kasambara was Attorney General all the high profile cases were being handled by Ralph and Anolds now Kaphale is Attorney General, its Kalekeni Kaphale firm handling the cases. If this is mere coincidence then the devil should be on holiday.

    1. Hahahaha hede! Nice observation, Malawiana. Money spinning days. It’s a circus. Yes, professional performers.

  41. MALAWI JUDGE:

    Mr. Sithole you are sentenced to 2 years hard labour suspended being a first offender. In arriving at this sentence, we have taken consideration that you are young and that you need to be out of jail to continue enjoying the fruits of your cashgate labour. There is no point in jailing someone who is hiding money lest we all lose.

  42. Palibe mulandu wa cashgate apa, its certainly just the author’s general knowledge to categorise it as cashgate.

  44. Hehehe. Hehehe hehehe. CAROLINE SAVALA akungokhalira ma period daily. Akudziwa kuti lake lachi40 lili nkudza.

  45. HAA, SO NECTON MHURA, THE FORMER DEPUTY CHIEF SECRETARY DURING THE BINGU MUTHALIKA ADMINISTRATION IS FROM KALEKENI KAPHALE (THE CURRENT MINISTER OF JUSTICE IN THE PETER MUTHALIKA ADMINISTRATION) LAW FIRM DEFENDING THE CASH GATE THIEF SITHOLE. ANOTHER INTERESTING FACT, SITHOLE, AN ACCOUNTS ASSISTANT IN GOVERNMENT EARNING LESS THAN MK50,000/MONTH OWNS A HOUSE IN AREA 47??????????????????????????????

  46. We were told that there would be naming and shaming of all Cash gate individuals mentioned in the famous report. Nearly five months the DPP govt is mute. Why? Because they are masteminders of the cash gate. Tereza Namathanga Senzani is a sister to Anna Namathanga Kachikho. There will be more unfolding of the drama when the other report of K92billion is out.

  47. Abusa mudzikhala achifundo munthu ndalama anabwenza, nyumba analandidwa, anavomera kulakwa kwake, ndipo analapa and the Bible say when on is in Chrsit is a new creation the old has gone and the new has come. Our mom now her record is very clean before God for being open and honest. Some are still committing sins and are enjoying the freedom because they are not cought. Mama mtima m’malo inu just maintain your faith in God they will be surprised to see you in Paladice and they themselves with their milanjo kukakukuta mano when the master will tell them get out I don’t know you Mt. 25:31ff

  48. Mhura needs to be beaten to death for his love for money. We expect 10 years for him. Senzani mumuwonjezere zaka, zitatu zokha bwanji, ngati anaba mbuzi?

  50. Koma Necton Mhura akuonongeranji his CV by defending these criminals? A whole law lecturer diluting the confidence of his students like this? Olo kuzisakako, ndiye amapanga choncho? Think about it Mhura, apa ndiye mwanyenya CV basi

    1. He will go down in history as a lawyer who lost the most consecutive cases in history. GUINNESS BOOK OF FAILURES!

  52. We are atleast progressing. I congraturate the Lilongwe magistrate for such a move. Let Bt know that LL doesnt like much corruption.

    1. Lilongwe has stolen a lot of our Taxes thus the reason a lot of mansions have been built there, even money circulation was very high during cashgate!!!!!!! BT was like local district in terms of money. Stolen money was all over Lilongwe even today LL is full of BIG THIEVES all the way from Capital Hill to Chinsapo, Mitundu etc!!! Nonse Munjatidwe basi!! Apo Bi!!! Wafa, Wafa!!!!

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