Chaponda acquittal ‘utter miscarriage of justice’: CSOs urge ACB to appeal Malawi’s ex-minister corruption case
Malawi’s Former Minister of Agriculture, Irrigation and Water Development George Chaponda has been shielded from trial according to the civil society organisations who have called on the Zomba Magistrate Court ruling last Friday that he had no case to answer in corruption-related charges regarding the 2017 maize procurement deal from Zambia as “utter miscarriage of justice.”
Chief resident magistrate (CRM) Paul Chiotcha acquitted Chaponda, who is also Democratic Progressive Party (DPP) vice president for the South, after trashing the State’s evidence in its totality on three charges which included giving false information to Anti Corruption Bureau (ACB), influencing a public officer to misuse his position and possession of foreign currency.
President Peter Mutharika in January ordered an investigation into a $34.5 million government maize order, after a Zambian opposition leader Saviour Chishimba said he had seen documents showing Malawi had been charged $345 per ton for 100 000 tonnes of Zambian white maize worth $215 a ton.
In a statement made available to Nyasa Times, the CSOs—Youth and Society (YAS), Centre for the Development of People (Cedep) and Centre for Human Rights and Rehabilitation (CHRR)—say two independent and seperate inquires; one set by the legislature and another by the President, separately presented reports that unanimously implicated Chaponda of wrongdoing but ACB tactically presented a weaker case.
The groups say Chaponda case where he was found with case stacked in suitcases at home was similar to that of a former junior civil servant who was sentenced to nine years in jail with hard labour for his part in the “cashgate” corruption scandal.
They refereed his case to Victor Sithole who was found with 122 million Malawi kwacha and $22, 000.
The CSOs also noted on contradictions and an apparent dishonesty in how the money was acquired.
“Apart from such possible illicit acquisition of the money, the status quo of being found with custody of such huge amounts of foreign currency constituted clear financial crimes for which one Victor Sithole is successfully committed to prison after procedural judicial trial. Despite all the clear evidence of criminal underhand dealings as pointed out by the incoherent submissions from the accused and other facts that spoke for themselves, such the illegal possession of Forex, Dr. Chaponda has been found that he has no case to answer. This essentially means that he has been shielded from trial,” reads the statement.
Sithole, who was government’s Accounts assistant, the second official to be found guilty over Cashgate was found guilty of stealing more than $66,000 in cash.
His arrest in August 2013 after cash was found in his car boot kick-started what became known as the “cashgate” affair – the worst financial scandal in the country’s history.
It became public knowledge a month later following the shooting of the finance ministry’s then budget director Paul Mphwiyo.
The CSOs said Chaponda case is similar to that of Sithole after ACB investigators confiscated K124 million, $57 500, 2 720 Indian rupee, 518 Ethiopian birr, 610 Pula, 1 200 meticais, 1 250 Kenya shillings, 80 Hong Kong dollars, 1 010 Japanese yen, 22 370 South African rands, 55 euros, 29 Zambian kwacha and 100 Namibian dollar.
YAS is led by Charles Kajoloweka, CHRR by Timothy Mtambo and while Cedep is led by Gift Trapence.
The CSOs have also been surprised that the State has quickly expressed that it will not appeal the Magistrate’s decision which the general public clearly abhor.
Reads the statement further: “Indeed the Chaponda case presents us with a a strong argument of a society of justice to the rich and powerful. Regrettable!!”
It continued: “Thus, while we uphold the independence of judiciary and accountability – enforcement institutions such as the ACB, this ruling is but a huge joke in the fight against serious and organised corruption and accountability struggle in general. It is utter miscarriage of justice. At its best it is an incentive to corruption. With this ruling, we see no reason why Dr. Chaponda or his like-minded politicians would be restrained from doing the same or even more. With currently disturbing levels of corruption, accountability institutions should be last in rewarding corruption.”
The CSOs ruling that Chaponda has no case to answer further exposes the institutional incapacity of accountability institutions in the fight against organised corruption in Malawi.
“It is simply unimaginable how the ACB ignored all the red flags that were raised by then and only got courage when the State President fired Dr. Chaponda – and then later grow cold feet when the firing proved to be cosmetic. It is simply confusing that despite the glaring facts that implicates the accused, the ACB fails to do a successful job and quickly indicates that it will not contest the ruling by way of an appeal,” reads the statement.
The CSOs have since called upon the ACB to drop its “declaration of defeat” and genuinely side with the public interest by re-embarking on the matter until real justice should be obtained.
“The ACB should contest this court outcome and take further necessary steps in seeking recourse on this accountability matter of national importance. We ask the ACB to appeal the decision of the lower court.”
ACB boss Reyneck Matemba has denied that they presented a weaker case deliberately.
Matemba called CSOs criticism as “an insult”, saying they should appreciate what the bureau is doing and stop putting unnecessary pressure on them so that they work without interference from any quarter.
He said: “What they [CSOs] are saying is nonsense and rubbish.”
Thr CSOs say they will not shrink from their duty to monitor the Chaponda corruption case and further demand accountability on the same.
They further call upon all Malawians to rise to the occasion and begin to demand accountability from state accountability institutions including Judiciary and ACB, saying Malawi can hardly continue watching “a rotten justice system that only favours the rich and condemns the poor.”
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Malawians, don’t we deserve an explanation from these criminals so called CSOs? It was reported that soon after their failed demos, these three leaders of the fake CSOs went to Mauritania. Who paid for this unholy trip? These traitors must explain the relationship between their failed demos and ulendo wao wa Ku Mauritania.
There must be a provision in our constitution that allows Civil Society to lodge a criminal case against a citizen (including a minister). Get powerful lawyers to lodge a case against Dr Chaponda full stop. I don not think you (CSOs) will get any headway with ACB which has made a pronouncement that it is not interested in appealing the judgement. Also remember that ACB is compromised in this case……it is in DPP’s pockets so even if it appeals the judgement it will deliberately lose the case once again.
If CSOs launch a case, any case, they have to pay for their lawyers. That would actually be good; like putting the money where your mouth is, so to speak.
Maybe their overseas fund raisers can afford this, but the CSO officers tehmselves would rather the money flow into their pockets. That is the nature of the beast.
A Matemba anabwela kuzathandizila DPP kuja ndalama zathu. Ndichifukwa chake anawo uja anapita. The only hope for Malawi is in changing the government completely. APM could have used these nature of cases to prove to Malawians that he is in Control and not being controlled by the chapondas
This case comes back to court only in 2019 after 21 May. You will see real justice about mbava Chaponda, Njauju murderer and Chasowa murderers. God is fighting for the good nation come 2019 there shall no be this maladministration we see today.
ameneyi ndi George Baraba Chaponda mlowammalo wa a Peter Mutharika ku chipani ,mbeu yotchedwa Paul Chiotcha ndi yoyipa komanso katangale kwambiri apatsana ndalama.
Even if an appeal can be made in this case expect loosing because it has shallow evidence like no cash was paid out one.witness admitted to givien authority of keeping foreign
Currency so don’t waste time.and.confuse Malawian
The game is the same. Take him to court but sabotage the case. Then chapter closed.
Our judicial syestem can not be trusted at all. It favours the rich and politically connected one. A rich, in Malawi can win any case. Once money has exchanged hands, you will see the judge spending 3 hours reading a 50 page document on the ruling just to confuse the lay people. Ku Malawi chilungamo kulibe. Koma tsiku lina tidzaona chilungamo pamene oweruza olungama (Yesu Khristu) adzaweruza mosayang’ana nkhope, mtundu kapena thumba la munthuyo.
Ndalama ikalankhula chilungamo chimakhala chete
It is so pathetic to note that some of you are blaiming the SCO for urging the judicial to appeal the case. Why are you people shielding the thieves?who are already milking the thin cow (MW) our country has reached at critical stage because of these thieves in our government system. The developments in Malawi is such a laughing stalk our city buildings are in shambles. The bus depot in the capital city is like a public toilet because the money that was meant for development is going into some individual pockets what a shame! Yet somebody’s in his right mind is standing on pulpit shielding these enemies of developments. I say shame to the Judiciary, shame to you ministers who doesnt love your country. if you can’t serve the people of Malawi just resign and go back to overseas where you came from rather than stealing from an
already impoverished country. One thing I don’t understand you are able to see that our Nation is in a pathetic state in terms of development and you are so privileged because you travel all over the World and you are able see how other nations are developing so can’t you emulate the same development that is taking place in other Nations and implement them here at home? It is the only late Bingu who admitted that “I am even a shamed to show my fellow friends where the capital city is” and indeed he did something about it. Let us all who love our country stand up against these thieves and say enough is enough.
Kodi inu ma CSOs mukuziwa kuti appeal ikachitika chifukwa cha influence yanu, ACB ikapepela kwambili kuposa mmene zinalilimu?
There is no point of forcing ACB to appeal the same tricks they used , will be used again. Asiyeni, time will tell, as I’ve had said again, the case has not yet ended.
These CSOs should just eat crow, pick themselves up (albeit with considerable shame), dust themselves up, pick their next target and move on.
The next “Which way Columbus?” should lead them to a real, not imagined problem; unless they are self destructive and want to to see their credibility erode as fast as a falling rock. They must know that It is easier to lose public trust, or even personal trust than to win it. Fact of life.
These CSOs want to be judge, jury and executioner; yet they are not legal practitioners. Wishful thinking!
I have to seriously ask: Do they really yearn a throwback to the dictatorship days of Kamuzu and MCP, where the dictator was the police, judge, jury and executioner? Most of these “guys”, in these CSOs, may be been too young to have witnessed the dictatorship in action; and they are lucky in that respect. By not respecting the new justice system, they are like, in a way, paying tribute to the old discredited inhumane system, and mocking those who lived it.
We are now a country governed by laws, and not by opinion of a few biased individuals, with out sized egos and grandiose impressions of themselves.
And, it should be pointed out that it is disgusting and despicable for anyone to not accept a NOT guilty ruling by a learned Court of law, just because the ruling does not line up with one’s belief or a priori judgment.
Take and adsorb the heavy blows; like a man.And by accepting the ruling, they would be showing a sense of maturity too. Otherwise they are feeding oxygen into the narrative, held by many in this country, that these CSOs do really have a hidden agenda. AN UNDEMOCRATIC AGENDA.
The so called CSOs in Malawi in the chaponda case are primitive and lack civic education on how the law is applied in courts. Umbuli ndi kupusa wachuluka kwambiri. If you are seeking one sided verdict then what’s the reason for justice system and judiciary independence. ACB too is independent institution and should not listen to unlearned people from these so called CSOs.
You mean you proud and happy about the outcome of Chaponda’s case?
I know that people hide behind courts when we know that decisions are made by humans and sometimes human errors. That is why sometimes when a person is found guilty can be found not guilty but another court. Similarly, when there is a mistrail, a case can go back to court for another determination. Courts are not always right.
That’s numbskull logic that only makes sense to thieves and/ their cronies.
How do you explain sequentially close serial numbers on bank notes of stacks of money found in the bedroom? And the forged forex license signed by Goodall without a letterhead? Kalata yiti ya boma yopanda official log? Umbava basi?
Such irregularities and illicit documents should have been thrown out as inadmissible evidence by a competent court.
Shame on THIEVES!!!
Tsono iweyo ngati umaona kuti Chaponda ndi thief bwanji usakammanga wekha?
It is you CSOs plus the media that informed Malawians that Millions of Malawi Kwacha were shared between Chaponda and Zambians but all commission of enquiries that were instituted found that there was no single penny that exchanged hands. CSOs and media were quiet up until now. Should we dance by what you always say? If CSOs have evidence, why don’t you take the case yourselves head on. We are tired of spending tax payers money following your big mouths. To hell with you!
You shameless creature
Koma this animal called LEGO is a mathyanyula stupid fool eti?
@Goli: Pity on you and those who, the juncture they are out of ideas or arguments, they start calling their opponents names, stupid, Hitler etc.
Shame to the judiciary in Malawi……. Who guards the guard?
Museroli:
Wakuba anali Chaponda
Woweluza ali Chiotcha
Wodadandaula:ACB
Mkozi wa sewelo anali Peter Muthalika
Wojambula pa makina: ma CSO
Mudzakalalenso pomwepo Goodall akadzaba sabata ya mawa
Of course it’s clear both ACB and the judgement were grossly compromised. How on earth does a clearly forged document without a letterhead become licit and admissible in a court of law?
Olo ku bank sangakulore munthu kutenga ngongole even ya K5,000 ndi kalata yaku ntchito yosayinidwa ndi bwana waku office koma yopanda letterhead olo official log. In fact amafuna original copy in colour not black &whiite kuopetsa forgery. So what more with courts?
SHAME on thieve!!!
This only shows how corrupt and stupid our judiciary is. The Chaponda case should be back in courts. We all know he has some case to answer. We will not rest until justice prevails. We the poor people go to prison for useless stuff when the stupid rich mafias go free like that? NO NO NO. Malawians wake up to this call. This government must fall and after that get Chaponda and all the Lomwe bustards get investigated. The ACB personnel should all be fired. Thats why DPP does not want the Presidents powers reduced. They control the ACB. Lets stop these Bustards abusing our country.
Ms. Asked, whatever you write avoid tribal insults. You yourself cannot like it either. I want to appeal to the editorial to sensor tribal or religious insults on this forum. History is a good teacher. Read Rwanda and what part the media played in that conflict.
Dare fire ACB personnel. Summons for breach of contracts will flood the High Court. Soon there will be a windfall to the personnel.
I belong to the lomwe belt but on Chaponda’s case I seriously am behind the demands by the CSO’s no two ways about it. Justice must be done. Case be brought back to court.
I indicated right from the word go that the prosecuting group, ACB and the defence team were on the same side.
That s very true..on this story I really support u guys ,there s no justice on this case if u have the capacity pliz keep on fighting for the poor Malawi ans ..this people are really destroying our country
In this case then I guess the Csos should taketake up the case themselves & sue chaponda becoz it seems they have more evidence than ACB. Boma lisamangoononga ndalama kuyendesa milandu yopanda ma umboni okwanila all becoz of making Csos happy.
Spinoza, hope you are talking out of political leaning. Even the unlearned person can conclude that a big man like him (Chaponda) can not keep millions of money in his house, he has account numbers in different banks. why not keeping his money in those banks. My friend be sober and look for justice. If this case was done by a poor person he would have been charged 15yrs imprisonment WHL. Mukuononga malawi inuyo. Tell your friends to repent and seek God.
@Odala: Who are you to advise anyone how to store or “bank” their hard earned money?
Nothing illegal if I dig a hole and put my money in it (protected), or in my mattress (common practice in homesteads). Just you know.
From within we are surrounded by mafia and thieving leaders. As Africans we are surrounded by another cartel of so called donors giving with one hand and taking with the other hand double as much. God have mercy help us wake up from our slumber!
It is indeed a disgrace on the part of this court to deliver a ruling of this nature on Chaponda case. Something should really be done to obtain an outcome that is convincing on this matter. A window for private prosecutors should be provided to allow public interest to be upheld. The judgements of the likes of one foolish Chiotcha, who thinks can be promoted to become a judge, is very dangerous to the society in many different ways. We beg all Malawi loving citizens, particulary able lawyers to consider other avenues for this case to continue in the interest of the poor Malawians who continue to languish in perpetual poverty due to selfishness of people like Chaponda and Chiotcha. Please, may you do the needful and We will appreciate.
Patriotic lawyers , where are you? come to our rescue! don’t you want a better malawi for your children’s children?