High Court convicts Business Mogul Thom Mpinganjira: Sent to Prison as he awaits sentencing

The Malawi High Court has convicted a top business magnet for attempting to bribe five High Court Judges sitting as a constitutional court that were hearing a landmark May 21 2019 presidential election nullification petition.

Minganjira’s bail has since been resolved and he has been remanded to Chichiri Maximum Security Prison awaiting sentence.

Presiding High Court Judge, justice Dorothy DeGabriele convicted business tycoon, Thom Mpinganjira for offering an added advantage in form of money to five High Court judges who were at the time hearing the historic 2019 presidential election in which MCP and UTM presidents, Lazarus Chakwera and Saulos Chilima, now state president and vice president respectively were asking the court to declare null and void the tippex-laden presidential election because they said were fraudulent.

Thom Mpinganjira awaits sentencing

In the case, Mpinganjira was charged with six counts under the Corrupt Practices Act including offering an advantage to a public officer, attempting to induce public officers to exercise functions of their offices corruptly and attempting to influence public officers by allegedly offering K100 million to High Court judge Mike Tembo, a member of the five-judge panel.

In delivering her judgment in Malawi’s Commercial City, Blantyre Friday, September 10, 2021, Justice DeGabriele ruled that the evidence before the court showed that the purpose of the parcel was to offer an advantage to the judges to deliver a ruling in favour of the then ruling Democratic Progressive Party (DPP).

Throughout the hearing in the court proceedings, the billionaire business mogul, Mpinganjira denied that there was a parcel he wanted to offer to the judges as an inducement, but rather wanted to verify if indeed the judges were receiving parcels from other sectors.

However, the Judge dispelled that claim in its entirety as not true, saying the convict continued insistence and his pushy efforts on the matter is evident enough that his intention was to bribe the judges in order to influence the outcome of the case.

She ruled: “When he asked Justice Healy Potani (President Judge in the presidential election nullification petition) if indeed they were receiving parcels, the Judge said no.

“But then, the accused said wait, I have a parcel for you, I can bring it to you even in Lilongwe. This means, therefore, that the parcel did really exist.”

Justice DeGabriele further determined in her judgment that the convict was not only acting to sway the presidential election nullification petition ruling in favour of the ruling DPP and its presidential candidate but also that he was an interested party in the matter as he is a bona fide member of the party.

In mitigation, Mpinganjira’s lawyer Tamando Chokhotho prayed to the court for mercy and leniency pleading for a suspended sentence.

“Dr. Mpinganjira is a good hard working man and in all his life, he has never been on the wrong side of the law; he is a first offender, he is old, he is 60 and he has health complications since he suffered from Covid-19.

“Furthermore, he is a responsible citizen and a family man who helps a number of less privileged people in the society, and he has a foundation and is a sponsor to one of the biggest teams in the country, Mighty Wanderers,” prayed to court Mpinganjira’s defence attorney in mitigation.

In response, State Prosecutor, Solicitor General Reyneck Matemba said the uprightness of the convict eroded the moment he embarked on the project because he should have known better of the consequences of his actions.

“His uprightness is eroded in the case he was answering. He is no longer an upright man. He could have known that when he voluntarily embarked on an unlawful journey. He wanted to defeat the course of justice in the most high profile case ever in this country and that must not be allowed.

“He wanted to use his wealth, power and influence to manipulate the justice system. This should not be tolerated. He should serve as a lesson to the rich, powerful and influential that their wealth, power and influence should not be used to manipulate the judicial system. We have the law to be respected,” counter-argued Matemba, adding that the State is yet to be served with his medical reports to determine his health status.

He prayed for a custodial sentence that “will reflect to all of us that we should not try to defeat the course of justice.”

Matemba told the court that Mpinganjira did not show remorse through out the case and that he has had an opportunity to do so when the defence asked for a plea bargain in a bid to get a lighter sentence in the matter saying he didn’t want to do it and that collapsed.

“He has had a chance to make things right but he didn’t. He wasted the Court’s time and ours. We lost a lot of resources for going into a full trial because he lacked remorse,” said Matemba.

Matemba prayed to court to impose a stiffer custodial sentence and not to consider a suspended sentence on the matter because this will send a strong message to the public that the law must be respected and justice must never be defeated.

“Under the law, cases such as this attract a maximum sentence of 12 years imprisonment and therefore we are asking your Ladyship to impose a stiffer punishment that is in tandem with the seriousness of the case to deter other from defeating the course of justice,” said Matemba.

Matemba also quashed Mpinganjira’s mitigation fact that he has health problems saying there is no evidence to prove it as the convict has not furnished the state or the court with documentary evidence on the same.

The Solicitor General, Matemba in response to a mitigating factor that the convicted business captain sponsors one of the country’s football team, Might Wanderers he said:

“On the point that the convict sponsors one of the biggest football clubs in the country, let me say that I have seen hordes of supporters of Mighty Wanderers within the court precincts of the court and I want to say that I don’t fear them,” said Matemba.

Mpinganjira’s lawyer, Patrice Nkhono Nkhono at one point accused Solicitor General, Reyneck Matemba of being unnecessarily emotional.

At that point, Matemba raised on point of objection saying that what Nkhono was saying should not be tolerated.

Justice DeGabrielle ordered Nkhono to withdraw his remarks.

The court has adjourned to a yet to be announced date for sentencing while Mpinganjira is incarcerated at Chichiri Prison.

During the trial Mpinganjira asked Judge DeGabriele to recuse herself from the case because of what he described as due to numerous “improprieties.”

However, DeGabriele refused to recuse herself from the matter describing the accusations levelled against her as baseless and ordered that the case would continue.

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Abale
2 months ago

Mark Tembo us Judas Escariot. How can one betray his own fellow Church member. Seventh day Adventist at its best criminality and no love. That’s why the church continues fighting among their heathen Pastors

Munthu
2 months ago

People who are usually first to comment are reluctant to do so now. What a pitiful bunch we are.
We should all be happy that steps are being taken to end corruption, but instead, some are even sympathetic to perpetrators of corruption?

gogo petulo
2 months ago
Reply to  Munthu

I think ACB should start prosecuting those who are sympathetic to the corrupt because this is nonsense. How can corruption end when some brainless people back the thieves. Shame

Munthu
2 months ago

Justice should prevail. This is good news to all who love justice. Malawi wouldn’t be in such a poor state if corruption had been stopped starting with the Muluzi era. During Kamuzu’s reign, he was the only one allowed to steal, but after his fall, corruption became the normal way of doing business. More disgusting are the traffic policemen, who accept bribes from drivers as passengers watch them. Why do we need all those road blocks, with so many idle police men and women standing around? A good start would be to pay all civil servants decent wages and then… Read more »

Gogo
Gogo
2 months ago
Reply to  Munthu

I really love the sentencing but I think there is something wrong with the system here. So many cases of corruption, stealing of public funds etc are still hanging around. But this one… something is strangely born.

chaiwone wawo
2 months ago
Reply to  Munthu

a decent salary is not a deterrent to corruption. It is the already wealthier who are major culprits of corruption. Those not corrupt will not be corrupted even in their poorest state

Noxy
2 months ago

Onse ozunza achifundo Mulungu awalanga

Kambewa Ngozo
2 months ago

Fosek
Mpinganjira should have mentioned who gave him the money to bribe the Judges. Ukalira Koto Koto now at Chichiri.

Victor Sam
2 months ago

Keep him there. The world is a lot safer today.

nsabwendiimeneyitu basi.
nsabwendiimeneyitu basi.
2 months ago

Yeah, doing wrong things at a wrong time where highly positioned ,big name,or money but if goofed yeah you not above the law, go serve your time,crook

Watondeka Chakwera
Watondeka Chakwera
2 months ago

A very difficult time for Southerners. Someone will pay.

Ali Palimandi
2 months ago

He needs 12 years IHL.

Mbonga Matoga
Mbonga Matoga
2 months ago

The only reason why this case has gone against such a wealthy person like mr mpinganjira is because the other party in this case were people from the judiciary itself………let us not forget that it was the Chief Justice who launched a complaint against mr mpinganjira at the ACB. Therefore there was no way mr mpinganjira could have won this case against the Chief Justice and his lieutenants. On another note, it will be interesting to see if the SDA church will disfellowship one of the richest men in Malawi a mr mpinganjira from their church on the account of… Read more »

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