The Anti-Corruption Bureau (ACB) has been given an order by the High Court identifying documents for the appeal against barring the graft-busting body from prosecuting Democratic Progressive Party (DPP) national organising secretary Richard Makondi, businessperson Mohamed Abdul Gaffar Kassam and Globe Electronics Limited in a corruption case.
ACB filed an appeal against the permanent order granted by Judge Kenyatta Nyirenda not to arrest or prosecute the duo in the Malawi Supreme Court of Appeal on May 8 2017.
In his ruling of April 24 2017, Nyirenda said after investigating the case the ACB had no evidence to support the charges levelled against the three.
The ACB has been investigating Makondi, Kassam and Globe Electronics for their respective roles in supplying vehicles and accessories to the MDF.
Laywers for ACB and for Makondi and Kassam agreed on the documents for the Malawi Supreme Court of Appeak to use in the appeal case after the matter was brought before assistant registra of the High Court of Malawi and Malawi Supreme Court of Appeal, Thokozani Soko, for settling of record of appeal.
The parties have agreed on 35 documents to be used by the Supreme Court appeal case.
In January 2017, the ACB summoned Makondi for questioning and he denied all charges levelled against him but Kassam obtained a stay order from the High Court restraining the bureau from questioning him before obtaining a permanent stay.
However, Makondi and Kassam responded by applying for leave to apply for judicial review of the decision by the director of the ACB to obtain warrants of arrest against them.
Both face criminal allegation relating to Toyota Hilux motor vehicles, radios that were supposed to be fixed in Malawi Defence Force (MDF) vehicles, a Land Cruiser which former Ministry of Finance budget director Paul Mphwiyo is being mentioned and another Toyota Hilux that was said to have been given to former secretary to Treasury Radson Mwadiwa.
According to court records, Toyota Malawi and MDF on June 23 2013 signed a contract to supply MDF 35 vehicles worth K895 million.Follow and Subscribe Nyasa TV :