Court saves Cashgate convicts’ properties: Sithole money forfeited

Lilongwe Senior Resident Magistrate Patrick Chirwa has ruled against State’s application to confiscate property owned by two Cashgate convicts Victor Sithole and Wyson Soko to recover public funds.

Sithole: Property to be seized
Sithole: Cash forfeited
Soko: Property saved
Soko: Property saved

Government seeks to recover K40 million (US$84 926) from Soko who is serving a seven-year sentence and Sithole, who is currently serving a nine-year sentence.

State asked court’s permission to confiscate Wayambanso General Supplies, Wayambanso Panel Beaters and Spray Painting, Mercedes  Benz and Toyota Fortuner vehicles to recover the K40 million  from Soko.

Magistrate Chirwa in his ruling noted that the sentence he delivered to Soko was enough punishment.

“The 9 years sentence was passed in consideration that the state will not manage to recover the money through any other means,” noted Chirwa.

After the ruling, Nyasulu said the state will not appeal the ruling.

Magistrate Chirwa has also spared Sithole’s Whispers Bar and an Area 25 house in his ruling on which tainted properties government should confiscate.

Chirwa has also let Sithole have access to K700 000 which he paid rent for a house in area 47 prior to his arrest.

The court has however ruled that Sithole’s Toyota Vitts be confiscated and ordered that  K112 400 000, $31 8500,122 200 South African rand, which was found in his possession be forfeited.

Chirwa ordered that all the money which is being kept by the Reserve Bank of Malawi be transferred into the government account.

Defence lawyer Ralph Kasambara was not present in the court.

State Prosecutor Kamudoni Nyasulu said he was satisfied with the ruling.

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Favour
Favour
6 years ago

Comment. Olo zibwezedwe ndiye mukuona ngati muzaziona? Adzazidya omwe aja amazidya aja.This is just a waste of time.Madzi akatayika saoleka

Salvador
Salvador
6 years ago

The court has robbed Malawians..our interest is inreturning the monies to government and not jail terms..how could the court asdume that the monies could not be recovered when it had evidence of properties acquired by those parasites with stolen money, our money? Who is to discipline that magistrate? Shupiti

Phirilamatiya
6 years ago

Kodi Wyson Soko ndi ameneyi? Komatu ndi milandu mukuiyambai. This is not a picture of Wyson Soko. Becareful Nyasa times and Chancy Namadzunda . You will pay more!

Juddaist
Juddaist
6 years ago

Why does the law apply differently to different people? Having read the verdict herein, I am surprised why Sithole’s money should be forfeited when it has been ruled that property should not be confiscated because the punishments (meaning the 9 and 7 year sentences) meted out to these cashgaters was enough punishment. Does it mean money is not property in the legal world?

ELECTORATE MZIKA
6 years ago

Although Kamdoni Nyasulu was satisfied with the ruling the judges need to know that Malawians want their money back and not these tricks you are playing or maybe you want a share thereafter.Bwinotu bwino.Tikukuwonanitu!

Eliam k
Eliam k
6 years ago

Akatelo nayenso wadyapo,nde pa nyasa pamenepo

EYE WITNESSES
EYE WITNESSES
6 years ago

Malawians commenting on this issue fools. Why do you fail to see sense in the Magistrate? The sentencing was made in consideration of what they had stolen and on the basis that the Government would not recover the same. Is they forfeit the property, the sentences have to be reduced…that that Will not happen and let them enjoy what they had stolen. Mulandu umodzi sakumanga nawo kawiri.

Nyamkaka
Nyamkaka
6 years ago

Are you judge. This is miscarriage of justice. The property should be confiscated.

Joogerman
Joogerman
6 years ago

Heyfolks,blame govt for not appealing then.

Mwanawane
6 years ago

Stupid judge,Malawi will neva develop due to this stupid sentencing

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