Malawi court finds Namata, Kasamba guilty over cashgate

The High Court  in the capital Lilongwe has found Luke Kasamba and Maxwell Namata guilty on the charge of theft and money laundering  in a syndicate stripping finances from  government  through illegal encashment of cheques using companies that did not supply any goods or services as authorities which was christened as cashgate.

Justice Anabel Mtalimanja found the two in the wrong as charged.

The Judge  is expected to sentence the two on February 2 while submission of mitigation arguments will be heard on January 29.

Through their company, Cross Marketing, Kasamba and Namata were accused of defrauding money from government amounting to K24 million.

They were being represented by Ralph Kasambara who is also answering to money laundering charges related to cashgate.

In her judgement, which was read for close to two hours, Judge Annabel Mtalimanja said the prosecution did not provide enough evidence linking Namata to the K9.7 million cheque.

She, however, said the prosecution had proven beyond reasonable doubt the offences of theft and money laundering for Namata involving K14.4 million and money laundering for Kasamba involving K24.1 million.

“The court finds the first accused (Namata) guilty of the charge of theft of K14.4 million and forfeit the amount to government. The court also finds the first accused amata of the offence of money laundering involving K14.4 million…. The court finds the second accused (Kasamba) guilty of the offence of money laundering involving K24.1 million,” Mtalimanja said.

She said the judgement was made on grounds of alleged criminality of theft and alleged criminality of money laundering. She said the prosecution had provided evidence that money was laundered.

“The Ministry of Tourism did not award any contract to the first accused and the second accused.The court is satisfied that the first accused amata converted K14.4 million for use by the second accused (Kasamba) using Cross Marketing account,” Mtalimanja said.

Meanwhile, Justice Chombo has revoked their bail meaning they will start a new life at Maula Prison today.

Namata owns Khanye Investments together with his wife Alice who was also arrested by ACB but currently on bail.