Judge jail Namata, Kasamba in Malawi cashgate crackdown

February 16, 2015 Wanga Gwede- Nyasa Times 99 Comments

Two cashgate convicts – Maxwell Namata and Luke Kasamba –  have been given custodial sentences despite  returning just over K24 million (US$50 955) they stole from government coffers as mitigation for a lenient sentence.

Namata: Jailed
Namata: Jailed

Judge Annabel Mtalimanja in her determination has opted to give the two a custodial sentence.

In her sentencing, she has slapped Namata with eight years with hard labour and Kasamba four years IHL.

“The scheme of money laundering laws is to confiscate the proceeds of crime and not just the principal sum stolen,” said the Judge.

Namata and Kasamba were convicted after being found guilty to encashment of two government cheques totaling K24.1million through Cross Marketing Limited, a company whose director is Kasamba. One cheque was of K14.4 million, while the other was of K9.7 million.

During sentence submissions hearing at Lilongwe High Court, Namata resituated the mis-appropriated  K14 million in cash while Kasamba has paid  K4 million and a truck valued by defence at K9million (US$19 108) .

But Justice Mtalimanja said in sentecing:  “These were not crimes of opportunity, but careful thought was applied.”

Special prosecutor in the cashgate scandal, Kamdoni Nyasulu, was satisfied with custodial sentence “ to send strong message” to all cashgaters.

Namata’s lawyer Ralph Kasambara  has asked Justice Mtalimanja to consider being first offender, the cooperation with the state during investigations by Namata as reasons for remorse.

Kasambara, himself also answering money laundering charges related to cashgate, told the court that by returning the money, the state has recovered the loss it suffered.

He could not immedietely comment on the conviction and sentencing.

The duo now joins Victor Sithole who was sentenced to nine-years, TressaSenzani serving a three-year sentence and Wyson Dzinyemba Soko who will serve a seven-year term.

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99 replies on “Judge jail Namata, Kasamba in Malawi cashgate crackdown”

  2. Nde kuti chibwenzi cha wanagwa ndi Alice chiyambiransotu. Nanga ngati alice amanyenyengana ndi wanagwa namata asanamangiwe nde pano zibeberatu. Bola akamazatuluka asazapeze ka mwana ka alice kofanana ndi wanangwa

  8. I don’t understand these cashgaters. Do you think one can win a case against a state while being represented by a fellow suspect? uku ndiye kuseweretsa ma judge. Koma umbuli ndi matenda. Money laundering amalandanso anything associated with the proceeds. In this case manyumbanso apite.

  9. Cashgaters are a parasite to the economy of this country. Silently sucking out our already bleeding economy. This senseless plundering of our tax needs stiffer and uncompromising sentences. Am not satisfied. Almost 30% of my salary is remitted in taxes and I wouldn’t be amused to see someone with no remorse plunder it like the cashgaters did….I understand Mr Namata has several pending cases, it’s my sincerely hope these are not sentenced to be served concurrently with this one.

  12. I hope he will actually be jailed unlike Mrs Senzani, who it is said is a day prisoner who goes home, to her cashgate financed mansion, in the afternoon and goes back to Maula in the morning as all law abiding citizens are heading to work.
    So much for blind Justice in the poorest country on earth.

  14. Ntchito kulanda akazi a eni ake chifukwa cha ndalama zokuba. Ndipo 8 years sikukwana. Ikadakhala 14 years osatinso za u first offender apa. That money could have saved lives somewhere and iyeyu basi kumangokhalira kumwa brandy ndalama zobedwa, I have no sympathy for him. Azimai ena nkumatengeka naye bulutu ameneyu mmaona ngati chani. Muyaluka pa town nonse amene munatsegula miyendo yanu chifukwa chokonda ndalama.

  15. even the best doctor cannot save life and even the so called the best lawyer can lose acase.you call yourself the best and you are the next.believe me or not you are commiting suicide and judges will prove thea strength on you.kaya wekha

  16. this Namata guy stole over MK100 million, His sister Lucy Namata Harawa was able to build over four houses in area 47 and 43. She was able to finish a each house within a record of six months only. ACB ichitepo kanthu apa.

  18. Of course what these cash gate thieves did is non negotiable loan with the Government. These so called lawyers representing thieves like the cash gaters are NOT true lawyers. We know some of them who failed but the lectures were given money for them to pass and some were even awarded Horns Degree because their parents gave in a lot of money to these Lectures. This is very common at Chancellor College NANJI a girl? SEX SEX SEX and finally the Lecture kick out his own wife. Malawi’s degrees obtained through bogus means. So I don’t see anything new with these so called Lawyers. And fortunately nobody fails law subject in Malawi.

  20. They have to be punished! Supposing they won the case would the govt. recover the money? They are thieves! To hell with them.

  21. Mzika ya Lilongwe, if I get correctly, are trying to say that because the convicts restituted the money stolen, their lawyers were mandated to achieve a non-custodial sentence? And because they did not then they are incompetent and should not be appointed judges in future?

  22. ‘Kasambara, himself also answering money laundering charges related to cashgate, told the court that by returning the money, the state has recovered the loss it suffered’ Mwazimva izi? Koma ndiye eeeh! Koma tsono a ku khoti akwiya moti ena ndiye alangidwadi!

  23. Amene mukulimbikira za 92 billion mulibe nzeru! Chifukwa chani JB sanafufuze? Iye anali m’boma anafufuza za kubedwa kwa ndalama zake nanunso mukazalowa m’boma muzafufuze zanu! Koma nthawi ya DPP/UDF kagwereni uko nonse kundende! Kaya mukazawina 2024 ndi pamene muzayambe za 92 billion koma pano nonse wa ku Maula. Pardon singapangidwe kwa anthu a Cashgate ngati awa!

  24. Thank you Anabel, these crooks must payback and also suffer in prison just as Malawians have suffered with their greediness.

  25. The attorneys that were representing Namata and Kasamba did not do a nice work, I have said several times that Malawi Legal system is full of theft, The lawyers were supposed to advise the clients on how to handle the case and at the very same time to inform them the chances of winning and losing the case, You will see that the case of Namathanga , the lawyer( Mhula and Ted Roka) did a wonderful job, they advised the client from the beginning to accept the charges and this worked to the advantage of Namathanga because out of 3 years she was charged , she will only stay less months as 1 full year in prision equals 9months and they even advise their client not to appeal the case as per Namathanga suggestion because the attorney knew that if the case goes to the supreme court of appeal, she will be given atougher sentence than that of Highcourt, while in Namata case, the lawyers advised their client not to accept the charges they were leveled against them and they later accepted by payimg the money back , in their mind they thought , they will use Namathanga case to burgain for less sentence but they goofed big time

    It is now time not just to engage lawyers because of names but because of their IQs one of the best lawyrs so far is this guy called Chancy who works at Chagwanjira & Co, that guy has blains enawa ndi matapwisi okhaokha

  26. Please enlighten me. These guys have paid back the money. But how are they paying the lawyers’ fees? Are Ralph et al doing the defending job pro bono? Where is the money coming from? I presume what these guys are paying back is just a drop in the ocean. The money is stuck somewhere and they will find it after serving 1/3, 2/3 or whatever of their prison terms. And they will have the last laugh. Remember, there will also be presidential pardons. I wonder why they are not spilling the beans to tell the nation the gurus behind the whole cashgate saga. Where are the cheque signatories, bank tellers and other officials involved in the release of the huge sums of money from the government? There is a missing link somewhere.

  27. Gift Nankuni, Gift Khonyongwa and Ralph Kasambara have literally failed here as counsel for the accused. The three tried in vain to convince the judge that their client Kasamba had returned the money and a vehicle. They produced receipts to prove this. You break into a house but you still serve the sentences. The stolen property is still returned to the owners. These people should be punished for the act of stealing and not returning the money. The three counsel should never be appointed judges in future. They have shown that they are incompetent.

  28. Counsel yalephera apa. Kubweza ndalama and lorry koma nkumangidwabe? Kodi counsel ya Ralph Kasambara and Gift Nankhuni did not foresee that it would be the act of stealing and not paying back that would have counted here? You two guys goofed here. Theft is a criminal offence and you Ralph and Gift should have known that this was not a civil case.

  29. You really think kasambala is to follow suit to jail?keep on dreaming.but where is joyce banda?she is a witness,remember?the case is bound to crumble.

  30. @64 Kasambara needs no shielding. The evidence against him is all garbage and useless. No direct evidence only speculative evidence which you too have. He will come out clean on all four fronts. Courts look at evidence available. Even if people can incriminate you into murder case if evidence is scanty obviously you come out clean even if the whole city would be baying for your blood. Thats the beauty of law

  33. K92 billion auditing yake yili pati ? K1.7 billion ya a Tcheya yili pati nkhani zakuba zonsezi ndi Mbava zaku mwera zikakhala pampando Dziko likulephera kutukuka chifukwa cha ulamuliro waku mwera apakati ndi akumpoto analikuonera iwo akumwera mwatisautsa kwabasi akumwera.

  34. Poor Malawians. Kasambala did not receive any direct money from government. Just like what Lutepo claimed about Amayi. The evidence that Mphwiyo brought only exposed himself and his wife. The extent of cashget would not sway Judges to rule in favour of Kasambala’s Clients. But they would surely shield Kasambala. They have walked together in corridors of CHANCO, they are friends, they still discuss the progress of his cases. Its Kasambala who helped government realise Mphiyo is a big thief.

  35. kulimbana ndi mtunda opanda madzi mukuganiza kuti chipani cholamula chingazifufuze chokha pa nkhani ya 92 billion kwacha Kuno Ku Africa ndale zathu sizinafike potero mwina azunguwo

  38. Kodi mesa mumati ma asssrt ndi ma account a ma suspect ana freezer? Nanga zomwe akubweza akuzitebga kuti? Kuteroko nthawi yomwe anali pa bail ija amadyelera ndalama zabomazi? Christmas yao inali bwino anzathu

  41. Reading D.D.Phiri’s column recently I feel these cashgaters have indeed contributed to the downfall of Malawi’s economy. None of the convicted cashgaters has invested the stolen money on productive ventures to contribute to the growth of our economy (GDP). Most of them wasted the money through consumption such as building residential houses or personal vehicles that do not enhance our GDP. In contrast, corrupt persons in developed states invest their money in productive ventures such as factories or tourism investments that build the economy.

  42. Timafunatu ife nsomba yaikuru yaikazi yomwe munakaibisa maiko akunjayo! kaya nanu mukuopa kuti akuulanh ndi 92 billion munaba ija? DONT FOOL US we are mature to differenciate water from oil

  44. Yaa! Wina adzimangirira. Kaya ndnu smallfish ndiye mwadziwa kuti kutumikira big ones sikwabwino komanso big fishzo zikupezani.

  45. l féel Sorry for theïr families have azikazi awo alimba u black beauty pezani ena amuna mbavazi muchedwa nazo

  47. tiyeni nadzo dzitsiru kukhalira kuba amzanu tikukhetsa thukuta kugwira ntchito more fire Kamudoni Nyasulu and team osawasekelera ayi kubweza ndalama ndiye kuvomeleza kuba

  48. Amai aja Ali ndi ma nyumba more than 18 koma analanda imodzi basi ndi ka 3 years kenako pardon after bn mulhakho. Ana kachikos sister. She has newly build houses in sector 4 just too nice. She will come out strong with money and property intact

  51. Looterpoo? Karol? Katengyzar, Lafaelo? Mphinyonnaire?…here Judges come!
    Warm-up for Nsanje Prison! Koma wina alira even before judgement is done, ndi2!

  52. The woman did not waste courts time. On top of that government did not incur high costs to pay lawyers. She admitted guilty from the start of the case. The stupid guys they wasted our time and money. They brought the money when they realised they were convicted. Stupid.

  57. Uli mpira bwenzi tikuti whitewash, momwe ma case a cashgate akuluzila a bambo Kasambala(sc). Ndili client wawo pa khani za cashgate bwenzi ndita wataya ndithu. Kikikiki thawi ino ya DPP under Proffesor sungaguletu judge, even they know that the game is hot.

  60. Long live amama, we were too much Blind about cashgate, mudavumbula wapatsindwi, Peter wapeza poyambila, mukanthana ndiizi nanga 92 bilion yaboma la a Tall bwanji? Ingopita basi? Zili mma file tidzafukulabe!!!! Amama mudatitsegula maso Heavy!!! Ndinu More!!!.

  63. This Malawi I purely know. Had it been it was a foreigner you could all have remained quite. Koma chifukwa choti ndi mmalawi nzanu ndiye chimwemwe. Stupid for your comments. That’s why you made Kamuzu one of the richest man in Africa because of this low IQs. Do you know how many Indians are coming into the country to do business because our procurement officers can’t buy from a fellow malawian but prefers to buy from a foriegner.
    Do you know how many Chinese are coming into the country to steal our local trees. Do you know how many Nigerians, Burundans, Rwandans flocks into the country to corrupt our politicians for businesses. Likakhala dziko ndiye ndi lija mwagulitsa kwa pacific and the rest of Indians.

  64. Koma mayi uja ndiye anamupatsa zaka zochepa, Why? ali ndi ma relations kuntundaku kapena? Why should 63 Million plus get 3 years while 24 Million Plus get 8 years? It’s not making sense. It should have been viceversa. Kapena Law ya pa Malawi?

  65. Moto umapita komwe kwatsala tchire. Ena nonse amene munanyambita misonkho ya anthu get ready. Ma lawyer a cashgate sakucheza ayi. Wina lero sagona ayi. Keep the fire burning Kamudoni and company!

  66. Take cover cashgaters! The long arm of the law is reaching even in dark places. Who shall survise? Oh!oh! oh! look! even the big fish oh looook! Munaonjeza abale kusolola too much.

  70. Unless someone explains to me, court judgements are biased – One person was given custodian sentence of 3 years, yet another 8 years and another 4 years. Why this big variations?

  72. Paja munkati boma siliwina milandu kkkk Not this DPP government, may be PP government of attorney general and minister of justice Ralph kasambala kikikiki paja munkati ndi a genius kikiki number one lawyer kikikiki koma sadwala misala ngati bambo lupeto? Anxiety attack, munthu wankulu kumango zibibila ngati mwana mutu utayima kikikiki

  74. Courts go by evidence not just by public opinion. Is the evidence so far incriminating Ralph? Think along those lines not through natural hatred.

  76. Kasambara will be cleared because evidence given now by Mphwiyo is useless. Kasamba and namata their evidence is direct one. Cheque was deposited inro their account. I feel sorry for namata because there is iss of k450million that is coming up under khaye his company

  77. Our laws are really out dated, the custodial sentences don’t match the suffering the common man is enduring. It’ll take twenty to thirty years to recover as his share of the cake as common man is less than $1 dollar per day. Shame on us other countries guys were going to rot in the coolers!

  78. koma zaka ndiye zikugawidwa ngati masuwiti…kkkkkk watsala lutepo..good development..tiyeni nazoni…agalu amenewa anatisautsa

  79. BUT UPON RETURNING THE MONEY,JUDGE WOULD HAVE GIVEN THEM A NON-CUSTODIAL SENTENCE CONSIDERING THAT THEY HAVE RECOVERED THE MONEY

  80. kasambara has never won any case. He used to bribe judges and this time around our judges are uncorruptible. May be if he was allowed to shop around judges. now docates are ready for the Queen of cash gate who is in hiding.

  85. Eeeh carlo savala I feel for u girl. Zikuthelani bwanji guys sakusekelera ma judge. Kamudoni sipanonso. Zomati boma siliwina mulandu mwanyatu apa

  86. One by one they are hammered. No one touches the tail of a llion without consequences.

    Koma chonde m’mlandu wofunika changu ndi wa Oswald Lutepo, chifukwa akudwala ndiye asanafe tikufuna ukhale utaweruzidwa.

    Kaya inu a jaji mukuziona bwanji pemenepa?

  88. Kasambara is not answering theft charges. He is likely to come out clean on all four fronts. Evidence sofar very shaky

  89. Why is it oba zochepa are being punished heavily oba zambiri get less punishment. Justice in my beloved country very questionable

  91. Please judge, you should have made it 15 years. I work at the hospital and I know what it means when operations are cancelled and patients are asked to buy their own medicine because drugs are out of stock. The people these people have killed are in hundreds, if not thousands. Please consier that next time you pass judgement.

    1. Who told you that if this money had not been stolen it could have been used for drugs? Do you people know how this money was stolen? Theft is taking place on a grand scale only that cashgaters were daft. Ndalama zaboma sitimadya choncho. I know people who have stolen more than 800 million but never got caught because they followed procedures for getting govt funds. As for hospitals you are the worst you steal drugs and sell to vendors and private hospitals.

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