DPP, Pioneer ask court to dismiss K145m case over ‘locus standi’: YAS argues it has ‘sufficient interest’

Malawi’s ruling Democratic Progressive Party (DPP)  and  Pioneer Investments—a firm suspected to have fraudulently supplied food rations at Malawi Police — on Monday submitted to the High Court in Blantyre to dismiss the K145 million case  because the petitioner, Youth and Society (YAS) has no locus standi [sufficient interest].

Lawer Bright Theu representing YAS: There is sufficient interest

Mbeta: Lawyer for Pioneer Investment wants the case dismissed

The K145 million issue came to light in June following a leaked Anti-Corruption Bureau (ACB) investigation report which showed that Pioneer Investment  Limited made an abortive interest claim of K466 million and deposited the controversial K145 million into the DPP bank account at Standard Bank whose sole signatory is President Peter Mutharika

PI Limited deposited the funds in the DPP account immediately after getting a K2.7 billion payment for an MPS food rations contract.

The K145 million is  suspected to be part of proceeds of payment which ACB has been investigating.

In their arguments lawyers  representing DPP and Pioneer Investments-  Chancy Gondwe and Frank Mbeta , respectively argued that Mzuzu-based YAS led by Charles Kajoloweka, is not in a position to sue both parties on behalf of Malawians  as per the Constitution.

“The law gives powers to the Attorney General and ACB to prosecute and be prosecuted on behalf of Malawians. Giving such powers to every organisation in the country will create chaos. Yas has not demonstrated how it has suffered by the issue at hand,” Gondwe said.

But lawyer Bright Theu represent YAS, argued that the civil society organisations (CSO) has every right to proceed with the case as it is representing the welfare of Malawians.

Theu told the court that the Attorney General is in a compromised situation hence, cannot  competently represent Malawians as he is part of the governing DPP.

“Which Attorney General are we talking about? The same Attorney General who is the Member of the Democratic Progressive Party (DPP) which has been sued? The same Attorney General who committed the government to paying a loan the second defendant got from CDH Bank when we paid the full contract price of the contract?” he queried.

While the matter continues in court,  DPP’s announced on Saturday that it will refund the funds deposited into its bank account after State House initially described the K145 million as a normal donation

Making the announcement about refunding the money, DPP spokesperson Nicholas Dausi said the party felt it right to have the money returned because of what he called a “public misunderstanding”.

He said: “In the interest of transparency, the account was opened to save funds for purchasing the party’s regional headquarters. All payments from this account were made to purchase the party headquarters and meet other party expenses. No money went to the President personally or any other official of the party.”

Malawi Law Society (MLS) president Alfred Majamanda has argued that DPP’s move is an admission of wrongdoing; hence, the party wants to show remorse by giving back the money.

Majamanda called for the graft-busting body to institute an investigation and get to the bottom of the matter.

“It [DPP’s gesture] is an indication that they have indeed realised that the money might be as a result of corrupt activities so they don’t want to be associated with that. At which point, it also means that the ACB ought to get to the bottom of it to find out how one could give such kind of a donation to a [political] party.

“The return of the funds may also be, as it happens in other criminal matters, where you return funds in order to reduce the wrongdoing; to reduce the culpability in order to have a lesser sentence. It might also be a way of indicating that they know that there was wrongdoing in that, but they want to show remorse by giving back the money,” said Majamanda in quotes reported by the local press.

Meanwhile, High Court Judge Jack N’riva has adjourned the K145 million court case  to next Monday.

 

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The Patriot
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The Patriot

Everyone has a right to legal representation no matter what crime they are susspected to have committed, so Mbeta and Gondwe are just doing their job as lawyers. Lets stop judging them, legal representation does not discriminate. As for the matter at hand, YAS has the right to represent Malawians therwise the government institutions tasked with ensuring checks and balances are a waste of time. Either they will bungle up the case or they will not even persecute. What a shame!!

Chilungamo
Guest
Chilungamo

But in Malawi MBAVA have more rights than ordinary taxpayers. In fact they are protected by the very government machinery that is supposed to prosecute them. The MAIZEGATE is one case in question. MBAVA were exonerated.
SHAME

CitizenX
Guest
CitizenX

I say, we as the citizen of this country we have to introduce – THE BLACKLIST SYSTEM. Meaning any person or company caught stealing public funds will be put on this BLACKLIST. After which the Malawi govt should not deal with you if you are on this list. ANY INDIVIDUAL found on this list should not be allowed to do politics here in Malawi. THIS IS HOW WE CAN DEAL WITH CORRUPTION IN THIS COUNTRY full stop.

Said Mia
Guest
Said Mia

I wonder why is Zameer and his father not yet arrested and as they have stolen money in broad day light

Chilungamo
Guest
Chilungamo

It’s because wina wake wa nkulu is protecting them. Mitaji yake imeneyi.
Inu munanzimva kuti ku account kutalowa K145 million mwiniwake osadziwa? Olo 5M, or 10M? Imayamba ndi bank……
Ndiye kumapanga withdraw umaona ngati ndalama zachoka kuti? Sungadabwe? Koma umbava winau????
SHAME!!!

JoHill
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JoHill

Komatu a Mbeta kukonda ndalama, people are so unpatriotic, this Pioneer guy shd not even be able to hire a lawyer. Sickening

China
Guest
China

Gondwe and Mbeta agalu Inu achabechabe .

ndangodutamo
Guest

These are what we call language games. Mbeta and Team – Protecting the culprits. Shame.

Silica Gell
Guest
Silica Gell

If you start asking DPP to say where did they get the money then you are doing things up-side-down, because all along everybody, be it ACB unfinished leaked report, Mgeme Kalilani, DPP officials and most comentators have been saying that the money MK145m went to DPP standard bank account from Pioneer Investment. What need to be established is whether there is connection between PI contract with the Police on one hand and DPP officials on the other hand; full stop. Osamangobwebweta ngati kuti ndichikhumbokhumbo chanu kuti zitalumikizana. Let ACB finish its work and let courts make determination. Surprisingly some people… Read more »

Yahya Yahya Jammeh
Guest

Mbeta and team eat the DDP money even though you know very well that in the end you will lose the case.

President Mkango Lion Manthakanjenjemereza
Guest
President Mkango Lion Manthakanjenjemereza

These people should know that Malawians are tired of them

zikomo
Guest
zikomo

Bright,umatiyimilira ndipo sukunama the office of the Attorney General is indeed in a compromise state….taonani even a ACB Mmene anapangira nkhani za chaponda ,poyamba amati sapanga appeal koma after ma bungwe ngati anuwa atayankhula they said tipanganga koma pa nkhani ziwiri zokha osati zonse koma a Malawi atha kuona kuti kuyambira pajapa mpaka pano a ACB sakufuna kupanga move the courts meaning anangoyankhapo kuti azizilitse mitima ya a Malawi……..thieves..!!Bright usasiyire pamenepo please utengetso court order ya search warrant kuti ma bank accounts onse ama ministers asechedwe so that ngati kunalowa ma cheque or ndalama kuchokera kwa ma company amene anapanga… Read more »

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