Court says Mutharika still can’t access his bank accounts: Ex-Malawi leader slapped with costs

The High Court has said the court order which the Anti-Corruption Bureau (ACB) obtained to freeze the bank accounts of former president Peter Mutharika froze in November but was renewed and dismissed an application by Mutharika seeking to reserve a Restriction Notice (RN) issued by graft-busting body.

Mutharika: Accounts remain frozen

In August last year ACB froze the personal bank accounts of Mutharika and his wife, Gertrude, in a probe seeking to uncover his role in a K5 billion cement scandal.

The bureau argues that Mutharika’s tax number was used to import cement duty-free between 2018 and 2019.

Mutharika through his lawyer Samuel Tembenu applied to the High Court to reverse the a Restriction Notice.

The court has therefore has dismissed Mutharika’s application to lift a restriction notice which the ACB put on  the former president’s bank accounts at National Bank of Malawi and Standard Bank.

Judge Rowland  Mbvundula said at the time Mutharika made his application, there was no restriction notice because it had expired in November.

“Section 23 (3) of the Criminal Procedures Act (CPA) is clear that the respondent may cancel an existing restriction notice. Consequently the person against whom the restriction notice was issued is free to access his bank accounts without seeking the respondent’s or anyone else’s permission, including that of the bank to which the notice was issued,” said Mbvundula in his determination.

“In the present case, therefore, the applicant was, as of November 25, 2020 (the date when he filed the within application to reverse the RN), at liberty to access his bank accounts herein without the aid of the court, unless he was restrained from doing so (which is not alleged) as there was no restriction notice in existence,” he added.

However, the former  president may not be able to withdraw money from his bank accounts because the ACB managed to have the restriction notice renewed a few days after it had expired.

Justice Mbvundula therefore dismissed the application with costs.

Follow and Subscribe Nyasa TV :

Sharing is caring!

Follow us in Twitter
27 Comments
newest
oldest most voted
Inline Feedbacks
View all comments
Pedegu ku state House
6 months ago

Chakwera is indeed a devil 👿. Why do you want APM dead? But the good thing is that the same measure shall be put against Lazaro in not so distant future.

Nulook
Nulook
6 months ago

Professor Thief Mutharika doesn’t deserve any mercy. The man simply stole. And the money belongs to the nation. Finito.

Nyoni
Nyoni
6 months ago

The world is round. In the bot so distant future, same will happen to Chakwera and chilima.

Mangochi Kabwafu
Mangochi Kabwafu
6 months ago

………………, as the NYEKHWES continue.

Hate it or take it but it's a fact

In 2019 was Nyekwe
In 2020 was Nyekwes
In 2021 is Nyekwezis
In 2022 will be Nyekwessis
In 2023 will be Nyekwelisation
In 2024 will be Nyekwefusion
In 2025 will be Mother Nyekwe , end of Muntharika legacy and DPP

Kudu hunter
Kudu hunter
6 months ago

Did they freeze the accounts of Chunara and other indians involved in corrupt practices ??? Why not all involved in cement gate

Central
Central
6 months ago
Reply to  Kudu hunter

Awansooooooooooooooooo! Can’t you appreciate he owned the importation certificate and that on its own means everything was his?

Zondiwe
Zondiwe
6 months ago

So all of a sudden, Judge Rowland is from the hated Northern Region!

Moya
Moya
6 months ago

Don’t go around the bush with your heading of this story nyasatimes, put it as it is, “Mutharika still can’t access the stolen money”

Gee
Gee
6 months ago

Great news

Angoni
Angoni
6 months ago

I find the writing not up to standard in terms of English standards…yoh ayi mavuto ma journalist apa Mw.

Last edited 6 months ago by Angoni
Read previous post:
Mera stops Nocma from awarding  dodgy fuel contracts: Re-tender bids, restart process

State-owned National Oil Company of Malawi (Nocma) recently courted controversy for awarding fuel supply contract to Tanzanian-based Lake Oil Company...

Close