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.
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.Follow and Subscribe Nyasa TV :