Court ruling on K145m scam not victory for DPP: ‘Credibility of Malawi govt will continue to suffer’

The ruling by High Court judge Jack N’riva to dismiss the matter  in which  Youth And Society (YAS) dragged Democratic Progressive Party (DPP) and Pioneer Investments to court over the K145 million food rations deal is not a victory to DPP as bigger  problem for government remains “a negative perception” in terms of fighting corruption, it has been pointed out by commentators.

Munthali:  The will still be negative perception

Justice N’riva dismissed the matter  on the basis that YAS,  a Mzuzu-based civil society organisation (CSO) is not an interested party in the case because it has no locus standi [sufficient interest].

YAS obtained  an order immediately from Supreme Court of Appeal to put aside the implementation of the High Court ruling.

The case follows an investigative report by Anti Corruption Bureau (ACB)  which claimed that Pioneer overcharged Police by K466 million on the basis of 20 percent exchange rate losses that were never incurred nor provided for in the contract.

Shortly after receiving the contract payment, Pioneer paid K145 million from its National Bank account into a DPP account held at Standard Bank which President Peter Mutharika is a sole signatory.

Commenting on the development, governance expert and commentator Makhumbo Munthali said the lower court’s  ruling does not in any way clear Mutharika in the K145 million saga.

“It is only questioning YAS as having no sufficient interest in the case- a verdict which is debatable if precedence and public interest are to be brought into equation,” Munthali told Nyasa Times.

He said YAS is justified to consider appealing the High Court determination.

“However, even if the court were to clear Mutharika of any wrong doing in the saga, this would not manage to change public perception on Mutharika as being the beneficiary of K145 million by virtue of being a sole signatory.

“In fact, Mutharika -just as was the case with [George] Chaponda- was already convicted in the court of public opinion, and it would be difficult for Mutharika and DPP to change public perception on the matter. For no doubt- just as cashgate costed Joyce Banda in 2014 elections- the K145 million may be an electoral issue with potential to weaken Mutharika’s chances in 2019 election,” Munthali told Nyasa Times.

The governance expert argued that every Malawian of goodwill has “sufficient interest” to protect tax payers money from “executive thieves”.

YAS executive director has also described the court determination as “retrogressive and a careless incentive to impunity.”

Main opposition Malawi Congress Party (MCP) spokesman Reverend Maurice Munthali said  the outcome  makes the fight against corruption in the country to be a fallacy.

“We still feel justice has not prevailed in one way or the other and the fight against corruption will never succeed if those people stealing from poor Malawians are left scot free,” said Munthali.

And Malawi’s leading daily newspaper, The Nation,  said in its editorial comment on Tuesday that the court decision  is not a victory for DPP.

“We see the ruling as only a technicality. The gibber problem for government remains a negative perception in terms of fighting corruption. In this regard, it would be in the best interest of the government to see the matter to its logical conclusion,” reads the comment in part.

It pointed out that if not taken to its logical conclusion, the general perception that the money has the smell of a kickback will remain.

“The larger outcome of the case, therefore, is that the credibility of government  will continue to suffer.”

The paper said in dismissing the case, Judge N’riva  has not helped government to be accountable to the taxpayers.

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Ndondwa
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Ndondwa

Ndiye ma court aku Malawi amenewo amadziwa kuweruza mulandu okuba nkhuku ndi singano nkumaikira kumbuyo mbava shame on malawi judges too corrupt they dont erve public interest.

MR P.
Guest
MR P.

THIEVES IN THE EXECUTIVE. MBAVA

braveheart
Guest

Thus what we call the rule of law…& uR still crying..what a shame! This government is led by a professor of law always remember this when ur making ur unfounded claims that can get nothing in a court of law. OK?

Napoleone
Guest
Napoleone

Munthali, don’t take things too personal. As people respect your office, I will also expect you to respected the other arm of the government, the judiciary. What you are saying undermines the judiciary. Court base their decision on fact and interpret what the law says. It does not base its ruling based on emotional or regional or tribal hatred. You can make the credibility of the government to suffer not because of what happened but because it is a purely based on hatred. The case was taken to court to interpreted , and the judge has a different opinion or… Read more »

Noxy
Guest

Case closed Bambo muzimvera ma judge.

Central
Guest
Central

Ndiwe mbuli ya mbuli!

Nde zikanakhala kuti ma judge samanyika popeleka chigamulo dziko la Malawi likanakhazikitsa “Court of Appeal” and the “Supreme Court of Appeal”!!

Ngati simuzidziwa osangokhala chete bwa? Judges are not perfect men on earth? Even God said, let us not cheat ourselves, for there is no perfect being under the sun!! Its only Him in Heaven……………………!!!

ndadabwa
Guest

which courts. judiciary is the most corrupt department

Aseme
Guest
Aseme

Koma mtumbuka ndi munthu otani

Tomuka
Guest
Tomuka

I think the best thing is to ask what mtumbuka or tumbuka means. It doesn’t sound well either. No wonder anthu ake ndi othimbilira mitima. Always full of jealous and hatred kuiwala kuti tsankho iwo ndi number one. Mpake 1989 kamuzu anangoti zibandukani. Bvuto ndi mtundu osakonda kwawo komwe koma kukakamila kwa eni.

Mulopwana
Guest
Mulopwana

Munthali – what good can you speak of the DPP except negative perception koma chitukuko mukuchiona? Come 2019 Pple are voting DPP into power again. Its rural people that benefit from governments and always appreciate what is being done. You and me who have access to social media constitute just a fraction of the voters and our total votes can not beat that of the rural masses
Just wait and see what will happen in 2019

Patrick
Guest
Patrick

please learn to respect court ruling.

Cashgate1
Guest

The Courts are administered by people, and are subject to error. only someone who is wise enough will see that. But a Malawian way will let it go, and in a process promoting mediocrity.

kavibangwa
Guest
kavibangwa

malundi yako mxii

pathfinder
Guest
pathfinder

Who cares? And who are you to speak for all malawians? Believe you me, some people didn’t give a shit about this story when it came out first time. They still think and believe DPP is their government and will still vote for it come may 2019 no matter how much propaganda you write about it. I don’t expect any tumbuka name like the two munthalis mentioned on the article to write or say anything good about DPP anyway so go fuck yourselves!

LEGO
Guest

You are a useless creature,besides these are more educated than your stupid head.So go to hell with your tribe remarks.That is why you will remain stupid,brainless etc with your tribe remarks,What has it got with Tumbuka’s here?

Chilungamo
Guest
Chilungamo

What is the meaning of “propaganda” to you? Is it NOT true K145million was deposited into an account which APM is the sole signatory? Didn’t PI deposit the money soon after the proceeds of police food rations? Was the figure not inflated to an extra K446 million? What was the financial justification for inflating the payment? Didn’t APM at some point go and made a cash withdraw? The fact remains that the architect of LOOTING of state coffers is the president himself. Like Chaponda he is only getting away with such criminal acts because of LHOMWELISATION of public services including… Read more »

Hola
Guest
Hola

Ofcourse Lunatics like you will vote for the so called ……. You are a Zombie by the way

Omex70
Guest
Omex70

Boot-licker, Pathfinder, you must be insane. Can’t you see corrupt activity in the whole 145million saga? Your sentiments are clearly revealing what kind of a person you are.

Hde
Guest
Hde

Do research on cashgater. You wll find out that most are tumbukas. Ndi amene ammnamiza abiti Mtila. by tha time onse anali ziiii ngakhale awa a PAC

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