Kasamba, Namata, pay back K24m: Malawi cashgate convicts

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

Namata:  Shown remorse
Namata: Shown remorse

During sentence submissions hearing at Lilongwe High Court, Namata restituted the mis-appropriated  K14 million in cash while Kasamba has paid  K 4 million and a truck valued by defence at K9million (US$19 108) .

Namata and Kasamba were answering charges linked 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.

The two were convicted by Judge Annabel Mtalimanja. She will determine the sentence following submissions by the state and defence.
Despite the convicts paying back the money, special prosecutor in the cashgate scandal, Kamdoni Nyasulu, still maintained that the convicts should be given a stiffer  custodial sentence, arguing that  they have paid back the money for  fear of prison sentence and not necessarily out of remorse.

“ This court now has to decide whether this paying back of the money can be considered a remorse because in the whole trial, there have been no evidence to show that the convicts were remorseful,” said Nyasulu.

He told the court that Kasamba, a former government employee was in breach of trust and lost his chance of using cooperation with the state during investigations as mitigation, when he turned against the state on trial and exercised the right to be silent.

“You cannot eat your cake and have it. He gave us a detailed statement that helped our investigations but decided to be silent in court; that is when he ate his cake,” said Nyasulu.

Namata’s lawyer Ralph Kasambara 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.

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93 replies on “Kasamba, Namata, pay back K24m: Malawi cashgate convicts”

  1. Eish….Reduce Namata’s sentence to 7 YEARS IMPRiSONMENT instead of 7 + 3 = 10. But also take away all his cars, houses that he and his relatives bought using the stolen money. Amwene, sukulu siinakuthandizeni eti. Munthu wa Degree + Masters kumaba…Eish…

  2. Iwe Maxwell Namata, ndinati ube pangóno.Nde iwe unangopakuliratu K14m!!! I will not accept your repentance money. I will now hand you over to the Malawi Legal System for judgment. Judge Ntalimanja, DEAL WITH NAMATA for he did not obey my orders.

  3. Need for a very stiff sentence, no mercy! How I wish Malawi was like China, bwenzi pano tikukamba za maliro apa!! These selfish thieves deserve death!!!! Koma Namathanga uja , we need to appeal the sentence, too lenient!!

  4. Ehede, ndalama zawawa…unamata mata pa ndalama zokuba.Lero zawawa.LUCY yonso m.mangeni.Iyeyo nde money launderer wa Maxwell. Kwaipa. Ndende.Lucius anaimba – Inu mumati zizakhala choncho mpaka liti abale….ana a Mulungu zangakhale akulira…Tifuna chilungamo.

  5. Please show mercy judges. They have paid back. Remember “Mlingo womwe mukugwiritsa ntchito kwa ena womwewonso Chauta adzaugwiritsa pa inu”. Forgive each other and your since will be forgiven. How many have never stolen anything since birth??

  6. Ndi uchitsiru waukulu kumanga munthu oti wabweza ndalama zonse, what we want is money back not why and how he has paid bck, zomwe akunena judge yu ndi zopusa zedi mapeto ake apangitsa kuti ena asabweze cifukwa saona kusiyana kobweza ndi kusabweza. Judge ameneyu wandikwiitsa kwambiri akuganiza ngati mbuli

    1. Koma munthu wamkulu munalowa m’kalasi bwinobwino? State prosecutor wasanduka liti judge?? Hehehe koma ndeeeh mwakwiya2 koma mwakwiyila wolakwika….go back to xul..otherwise….zandimvetsa chisoni bwanji??kkkkkkkkkk

  7. Kutopetsa nkhani izi.ine zinandikwana.Olo ndalama zibwezedwe,ndithu zidyedwanso.Anthu ake amenewa?Ife tizisangalala kuti chuma chabwezedwa pamene enanso athyolera nthumba.Wakuba ndi amene wagwidwa.Ayi zizawoneka patsikulo judge wa ma judge akadzakhala pa mpando wakuweluza.wolungama adzawoneka.Ubwino wake nthawi yakhala pang’ono.Ndithu muzizwa anthu inu posachedwa.

  8. APA NDE game yavuta,Chuma cha max pani akuchita kusasa ngati tomato.ma mini bus(quartum)apinyolisa INA watenga ndiwaku kawale(2mita),ina watenga ndi waku area 12.(3mita)pano ndavaso kuti Ku area 49 kuli nyumba ikupita pa mtengo was 20 mita.area 46.kuli plot. Akuona ngati ndife Mbuzi zosezi tilanda.(ACB)ikumatipeza anayalikatu magalimotowatu pa petroda,athu amayithawa,pakuti anayika mayina a athu ene,akuona ngati sitiziwa.tilandabe.call Alice or Lucy H. Or Segi.ine ndendati kuiona ndati aaa yanukha.pakuti ndinangoti ndione ee simene ma phone amabwerera.so stop calling me chonde.katundu kuchita kuyanika chonchija,ayi ndithu zakubadi umasowa kolowera nazo.

  9. RETURN THE MONEY WITH INTEREST. U CANNOT AVAIL YOSELF TO THAT MONEY FOR SO LONG WITHOUT INTEREST.THE KWACHA HAS DEVALUED.

  10. We all know this guy was at the epicentre of Cashgate. At one point he shared offices with Senzani at Ministry of Lands. He was the errand boy for a lot of big wigs who benefited from the plunder of public resources, in the process he rewarded himself with a fair chunk of the loot. They won’t let him hung to dry.
    K24 million is just a drop in the ocean, that is why they have managed to pay it back (albeit at a much lower present value). The real value of the repaid money could be as low as K12 millon for all you care. Chances are he has made a profit in generating income from it or laundering into property which he is enjoying at the moment and by paying back at a lower value than it was when stolen.
    Knowing Malawi and its docile justice system none of these factors will matter, and chances are he has already palm oiled all bastards who are part of this racket and are running this stupid country.
    I am not holding my breath over the judgement, it will be another farce, like Senzani’s, and we all will continue to suffer since the donors are not as dumb as we think.

  11. Njomba Maxwell Namata.Why spoil the image of Ulongwe where u come from? Ulongwe people are not mbava ngati iwe.

  12. Justice must be done.Namata anapalumula yekha chitedze chimuyabwe yekha!!!! K14m wabweza kwatsala ndi mu chitokosi.Your personal record has already been tarnished at Anglican church, Civil Service Commission, FIU, ACB, Banks…..BLACKLISTED

  13. God forgave the world so who am i not to forgive them,,there is power in forgiveness,lets all accept there apologies, don’t worry about donors but lets mind on the reward we gonna receive after this life to another life.

  14. These idiots should see the fire team , put them in masks and test some old triggers if they are still in condition_ okuba DVD timaotcha nanga mbuzi za anthu ngati zimenezi ?
    Ananyengera ma hule ndalamazo kaatsekereni enafenzo tinyengeko akazi awo.

    14 million ppo suffering in mw just beause of makoswe ngati inuyo……tikuwambani mudziwanso

    machende anu ndithu

  15. Small Brain

    Ndiye was he signing the cheques himselves or there were other people signing I do not think he was but probably he is hiding the other!!!

  16. Amwene Big brain, Max nde amene amalowa mu IFMIS and create the payments and take cheques to the signatories for signing. He knew zamkatii zonse za IFMIS.

  17. Guys Analyse the situation who signed the cheques and where are they, I don’t think Max was signing the cheques so where are te signitories on this mess ! Otherwise we will not get to the bottom of the issue !!

  18. The land of evil! Can someone tel me that the act of stealing gets eroded when one returns what had been stolen? Is this what the Laws of the land say? May be malawians have forgotten how many lives were lost just because these rats ransacked the gvt purse!! Can the money returned bring back our beloved lives!!, what about donors, are we not paying the price up to now? is the suffering of cashgate over???? Stupid thives, these people are not worthy for liniency!! kukanakha maiko anzathu akanaphedwa amenwa!!!

  19. Every Face tells a story….. when I look at his face,,, he can really steal he is a thief of thieves…

    Judge…. give these guys a harsh sentence so that others coming should learn a lesson that even refunding the money does not carry any wait… kuba ndi kuba basi….

    Would they have refunded if they were not caught….. Uchitsilu basi….. GO TO JAIL AND ROT KOMWEKO MBAVA INU…

  20. Kasamba wafera za Mbava No 1 Namata. Let Namata go to JAIL for 7 YEARS, pay for all the EXPENSES incurred by govt on his case from 2013 when it commenced mpakana pamene idzathere, plus for all his upcoming cases, there should be no hearing, just DEFAULT JUDGMENTS poti wavomera that he has been stealing. Mbava Namata. Umayenda mbali. Your relatives are also stupid..how could they advise u to take this course of action yobwenza ndalama…munadya nawo nanunso…Abiti Lucy ma den wo ku 43, che Tika – ma Bima – LA registration….nanga cash munakakakwirira kunthumbira za malemu zija?

  21. Shown remorse? What a joke to Malawians and the whole Justice System. Ngati akufuna pardon, bwanji azikasesa mtauni, pa Lilongwe bridge every day for 1 year atabvala suit yake yakubudula wa white. Nde tizikamuona every day as he will be sweeping. That’s when we will know he has repented. Mwina he will see poor Malawians suffering as they pass by him.

  22. Justice should prevail. Koma akuganiza anganamize ma learned judge? a Chief Justice, please intervene if he will be given less than 7 years. That would be injustice. A Malawi avutika since Cashgate came to light in Sept 2013.

  23. A thief representing a thief. That’s what is happening in Malawi. I am waiting for the day when a big thief will be sentenced.

  24. Makiyolobasi, u r right. Namata ndi kabwere-kabwere wakuba. He was once caught at KIA in in possession of over R250,000 (Rands). Kumene kunathera mlandu nobody knows. Nde azikati FIRST offender. Nanga ya ku FMB when he stole from dormant accounts, nanga nyumba za ku Area 12 anazigulitsa ali Accountant ku Lands…..the list goes on and on…..By the way did yu know that this civil servant has car fleet of over 50 cars….nanga ma den ku Area 6, Area 47, Area 43?

  25. Mfwethu, ndiwe patali. You should join the judgment team. Spot on. I fully agree with you. Defence Laywers, minimum sentence 1 month ku Maula for suppressing justice.

  26. Usalire, waba wekha!!! Kunjoya pa thoni, pa Jozi, pa China, pa UK ndi ndalama za a Malawi when there were no drugs in hospitals. MPAKA aMalawi suffering cos DONORS suspended AID to Malawi chifukwa cha umbava wa Namata et al. He should REPENT IN JAIL.

  27. A Kasambara woyeee!!! Akuti he should get a lesser sentence than Senzani. How dare u use such an unjust yardstick. Senzani mukuyerekezayo should have received 7 years and not 3 years. She was just lucky. Namata should get 7 years minimum sentence and let his returned money be his fine. Inu, Namata nde manthu wosolola ku IFMIS ko. Nde atuluke, ehede.

  28. Mbava ndi mbava. AILAWE NDENDE mpamene angachimine. This Namata guy has been stealing wherever he works: FMB, ku boma in each and every ministry he has been posted to. He has even mentored his wife, Alice, to steal. Why did he not plead GUILTY when started? Why repay now? What was the motive of the stealing? Pachipanda kugwidwa, anakabweza? Where is the Justice. MEJN, Justice and Peace musalole zizi kuchitika pa Malawi.

  29. Anabel, when passing sentence please sentence even the defence lawyers, how can the defence say the defendants have shown remorse when they tried hard to get them free form the same things? If they had pleaded guilty at least we could have said there was remorse but not after losing upon trying to defend themselves. Sentence them together with the defence lawyers.

  30. Inu, Namata has another case coming under the name of KHANYE investents together with his wife. K24m.Nde mukuti walapa!!! Ng’o, Over my dead body. Wadyetsa angati ku khoti, police ma judge!!!

  31. Justice has to prevail. Maxwell Namata stole our tax money.He must pay for his sins in JAIL just like other thieves do. By the way, Namata has stolen more. This K14m is a TIP of the ICEBERG. LET HIM HAVE HIS MEDITATION IN JAIL to learn that stealing is not good.

  32. So these guys are still having our money in their houses? Can the courts charge them with penalties not only returning what they stole? In addition give them stiffer sentences so that it should be a lesson to other would be cashgaters

  33. Guys this whole thing is very unfair! I know that the money that was stolen was quite big and I was surprised to read the figures they were found to have stolen. It therefore does not surprise me to read again now that they are paying back! God is watching.

  34. Namata first offender! Koma some arguments abale inu! Namata anamangidwa several times kale because of theft!

  35. A Ralph anali kale pano nzeru zinapunguka. Amawina ma case a straight osati technical cases kkkkkkk

  36. Kodi kasambara akuyimila a milandu ya cash gate ngati ndani? kodi nayenso si wa milandu amene? Akamanena kuti the state has recovered the loss it suffered nde kuti chani? Kodi akutitenga a malawi ngati zitsiru eti? Tavutika chifukwa cha anthu amenewa nde ngakhale abwenze ndalamazo zithandiza chani. komanso ndalamazo amadya ndi ndani? No way, punish them accordingly whether they return the monies or not, punish them.

    Penapakenso a malawife ulemu too much. Lets just burn their assets basi tifanane chifukwa ngakhale abwenze koma analemela basi and akudya bwino. Senzani bwanji nyumba ya pa bunda turn off ija sanamulande?

  37. They still have more in assets. Do not be fooled with what they have returned. What matters here is the act of stealing. I would not forgive some who stole from me and returned the goods just becasuse he has been caught. If these two were not caught, they would be free. Their mind is criminal in nature. Namata has assets that he acquired from stolen taxes. Go ahead bt sending them to jail. Worse still their counsel or to be specific one of their counsel Kasambara is answering similar charges.

  38. Now here is the difference between lawyers…from my lay point of view mr muhura is probably the greatest lawyers of the land kasambara ndi nyamata pa law….we were all shocked when he advised mrs senzani to plead guilty and pay back the money before hand and the the result is there for us to see….kasambara ati remain silent kkkkkk. before cash gate I was meant to believe kasambara is the don in law koma apapa ndiye wankulu tamuona

  39. Koma tsonotu Namatayu ngwathupi losayamika. Kutuwa mbu! ngati nsomba ya bakayawo. Ndalama zonse amabazo koma kathupi konyentchera. Kapuku wachabechabe. Shupit!

  40. Kasambara, Mphwiyo, Lutepo. When are you returning Govt money? It will be enough to maintain or finish some of the roads in Malawi. Sell some of your poshy vehicles

  41. You have to be in Malawi to understand the current mentality that prevails. People will do anything for money. This ? It’s nothing .

  42. Anyamata ambiri amatukutuku mu Lilongwe ndi mbava zother ati.I do not admire them. These are the things they do smuggling(kuthawa misonkho)selling hot cars, kuba magalimoti kunja, kuba ndi anthu a Mboma, ndikuomba mosiyanasiyana.ati achinyamata ndi atsogoleri a mawa khalidwe la ambirinu tizasowa atsogoleri

  43. The people who died coz of lack of medicine in public hospitals will not be recovered. The damage is already done. Chipanda kuwagwira sitinakadziwa. Ma profit amene anapanga alikuti. Atengerepo phunziro. Ka 10yrs kokha kawakwana

  44. Amenewo musawasiye choncho azolowera. Amangeni akafere ku ndende becoz samalikonda dziko lawo.

  45. Inu anthu a cashgate nonse ingobwezani ndalama enanu munaikira ana anu ma 90million mma account kuwapasa tsokatu ana kumeneko. Kuba ndi thembereri lalikulu ambuye amuchirire I Chifundo

  46. Thanks for returning all that money,its time for JAIL now kti anzanu atengelepo phunziro.

  47. Still Big fishes are still in the waters. Its pity that the people who are found guilty today, are people who stole just a small portion of K20bn and K92bn. The main players of cash gate are happy with their families. SHAME.

  48. There is mo way you can stesl K24million, stay for a year n pay back tgr same K24million ….hah ndie amadya chya? Anthu anaba zambiri awa

  49. Where did these mother fuckers keep the money?..and am seing another mother fucker defending these mother fuckin g idiots…. If I were the jugdei would have blown these bloody mother tuckers before getting the cash.

  50. What about others who swept billions those usipas r very stupid why would they pay back the money whilst the Big chambo r un touchable that little money has nothing to do with Govnmt money would disapear in thin air I wish they also trap the big fish

  51. Mr Luke Kasamba akufera za eni, okuba ndi Namatayo, mlangeni ameneyo, zaka zitatu theft, zaka 4 money laundering, running consecutively. Akhululukileni a Luke Kasamba, afa pawiri, kupusisidwa ndi kumangidwa.

  52. @ Akatswiri. Please learn the basics of economics. i) This money has been returned without interest, that’s loss 1 to government. ii) This money in real term is worth less now than when it was stolen, that’s loss 2 to government iii) The government has incurred costs prosectuting this case, most likely 2 to 3 times the amount returned, that’s loss 3 to government. Loss 4, the most incalcurable, is that due to donor withdraw of donations and what this money could have done to the nation if it was not stolen. I hope the learned judge will consider all these costs, and send these thieved to prison for life! Having said this, well done to Kamdon,!!!

  53. The judge shoud just sentence these guys to 10 years imprisonment with hard labour. By returnimg the cash is enough evidence that these guys stole from our coffers.

  54. Namata at the age of 29 he has got more than 9 houses some in Area 43, 47 49 and all over the country. The house he is living is worth more than K70million in Area 47. I don’t know whether Malawi nation will get justice.

    1. Kodi anthu sachita manyazi. Munthu ndiwe clerk ntchito 6months u kuyendera Benz manyazi bwa? Poti anthu amakhala akuziwa kuti ndinu akuba osangozipasa ulemu bwa. Very common ku Road traffic,immigration and MRA

  55. They were first arrested in 2013. When arraigned in Court, they pleaded “not guilty”. Despite having stolen our tax money (my gosh! We work so hard before Malawi Robbers Association comes in for PAYE), they decided to further waste our taxes in a needless prolonged trial that has lasted a year. No leniency for these crooks. 9 years IHL each notwithstanding the fact that they have paid back something.

  56. I completely agree with Bongozozo. What they have returned is simply a tiny fraction of what they have fraudulently obtained over many years of service in government. Further they received misguided advice from whoever that by returning the money they can escape punishment. It is tantamount to bribing the entire judicial system and the nation at large.

  57. Paying back the money the thieves stole from accounting # 1. you mean this thing is real to the extent of some thieves are returning what they stole. Shaaaaaa> That is Malawi. In Indonesia these thieves could have been sentenced to death by gun shooting or beheading in presence of the general public.Guys once again Is this happening in our own God fearing Malawi,stealing from the same poor Malawians. Koma chaka chino timva zinthu zathu m’Malawi muno.

  58. “…paid back not out of remorse but hoping to escape jail time..” prosecutor couldn’t put it better than he has. JAIL THEM!!!!

  59. okay guyz but the country is suffering just because of that, How do you think the country can forgive you I dont think so only God can but not suffering poor Malawians can.Shadrek ,Mishek and Abedinago did nothing wrong thats why they were spared by God.Kuchenjera kohohowana.

  60. Paying back the money that was supposed to be used at the time people were dying in hospitals is admission of guilt and sentence them to life. I wonder why the Law Society of Malawi is so silent on Kasambara. Why is he still Defending his fellow cashgaters. Koma pa Malawi. what will happen to his clients cases when Kasambara himself get convicted?

  61. Now there is no loss to goverment, so convicts deserve mercy from the court, the good in this case is that the goverment now has what it lost, so punishing them,please set them free, the money will be used in flood victims across the country ndiyeto apa sikuti ndalamazi mudzipangira maphwando God will punish you.

  62. Achita bwino kubweza what never belonged to them. Now they have to pay for their sins. Give then 8 years IHL so that it acts as a deterrent kuti afana ena m’bomamu adziwe kuti kuli maula kunjaku akamaba ndikumanyauda pa town.

  63. Government and the people are facing problems because of these criminals. Others should learn from them. No liniency.

  64. Pay back and rot in jail. That’s genuine justice to me..The truth is that what these guys are paying back may not be neccessarily equal to what they stole….

  65. All this time you were silent and never thought of returning the money until now..shame on you

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