Malawi court sentences Sithole 9 yrs over ‘Cashgate’

November 4, 2014 Wanga Gwede- Nyasa Times 121 Comments

The Lilongwe Magistrate’s Court has jailed former government accounts assistant Victor Sithole to nine years impronment for the so-called “Cashgate” affair – the worst financial scandal in the country’s history.

Walk of shame to prison: Convicted Sithole hides his face to the camera
Walk of shame to prison: Convicted Sithole hides his face to the camera

The court found Sithole, 27 guilty on the three counts involving money found in his possession amounting to K112 million, $31 850 and 122 000 rands in September last year, which the prosecution wants forfeited to government.

Passing his judgement on Tuesday Senior Magistrate Patrick Chirwa said it would “a mockery of Justice” to hand out suspended sentence to such an offence.

Chirwa pointed out Sithole didn’t deserve short term because he’s found culpable and sentencing below six years would be manifestly inadequate.

“I have ruled out the possibility of a fine, only a custodial sentence should be meted out here. It would also be a mockery of justice to hand out a suspended sentence. However, the maximum sentences are reserved for the worst of offenders, but the offender does not deserve a short-term because of his culpability in these offences,” said Chirwa.

Sithole has been sentenced to one year imprisonment for illegal possession of foreign currency (forex), another one year for possession of property suspected to have been stolen and seven years for money laundering. 

Sentences will run consecutively , meaning he will serve nine years jail term.

His wife, Tamanda, openly sobbed in the arms of his sister when Chirwa pronounced Sithole’s fate.

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Sithole was being represented in the matter by lawyer Necton Mhura, but did not appear during sentencing as he has been appointed Malawi diplomat in United States.

Lawyer Ted  Roka who took over from Mhura described the sentence as “harsh” saying the court should have made the sentence to run concurrently as per Section 17 of the Criminal Procedure and Evidence Code or even consider suspending the sentence since he had already spent one year in custody.

State prosecutor on Cashgate cases, private practice lawyer Kamudoni Nyasulu, said the sentence was “appropriate.”

Nyasulu said the convicted Sithole had neglected his civic duty by running unregistered businesses, ending up with unexplained millions which he used to finance a lavish lifestyle not befitting his financial status.

He  said Sithole had testified that he used part of the money to pay three months advance rental totalling K750 000 for a house in Area 47; paid K200 000 each to seven people to buy produce for him and owned a Toyota Vitz, where some of the money was found.

Nyasalu also wanted to the court to forfeit the seized money to government and that the State is also considering applying to court to recover from the convict the tainted money amounting to K2.1 million and the vehicle -Toyota Vitz.

The heist

Chief cashgate suspect Oswald Lutepo once claimed the said MK112 million  found with Sithole to be his and it is this claim that led to the revelation that his IPS company had received over MK2 billion   from government without supplying any goods or services. He claimed in court that his IPS had a contract with Agrifeeds for the supply of white maize and that the sum of MK112 million was withdrawn from IPS.

At least 70 people,  including former justice minister Ralph Kasambara, have been arrested over “Cashgate” after an audit revealed that about  K20 billion had been skimmed from the government payment system in 2013.

Businessmen and politicians are alleged to have connived with civil servants to make payments for goods and services that were never delivered.

Western donor nations and agencies, which provide 40% of Malawi’s budget, pulled the plug on vital aid worth around $150m in reaction to the scandal.

Allegations of the massive looting of government money became public following the MK112 million which was found with Sithole in August 2013  and then the shooting of the finance ministry’s then budget director Paul Mphwiyo in September 2013.

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121 replies on “Malawi court sentences Sithole 9 yrs over ‘Cashgate’”

  1. These pple were suposed to recieve life in prisonment bcoz malawi is suffering bcoz of these minority who just think about there problems.U are killing poor malawians and look today countries have pool out sponsership which has made people to suffer a lot.May God punish u accordingly

  6. NO REAL JUSTICE IN MALAWI.AND THERE IS NO SYSTEM IN THE JUDGING THESE CASES.WHAT A SHAME IN MALAWI.ALIPO ENA AMBIRI KUPOSA OMWE AWAGWIRA (70) OMWE AMABANSO KOMA PALIBE PA LIST APO.CHIKUCHITIKA NCHIANI KU MALAWI

  8. Komatu alipo anthu ena amene amaba koma sanagwire achite chilungamo kwaonse okhuzidwa ndi Cash Gate mumuthokoze sithole chifukwa popanda iyeyo cashgateyo sidakadziwika therefore reduce the sentence period

  9. Sithole is still young he needs to spend more time in jail may be he can contribute to the society in prison, this should also be a lesson to young guys who think reaping government money is the easiest way to get rich and live lavishly. The sentence befits the crime!!!!! bravo snr magistarte

  10. Sithole is still young he needs to spend more time in prison may be he can contribute to the society in the prison. This should also be a lesson to other young guys who think reaping government money is the best way to get rich and live lavishly.

  11. inde inde odi uko a Lutepo, Mphwiyo, A Njanji, a Kalonga, a Namata, aKasambara, a Savala , ndi a Kachale

  12. THE TREZZA SENZANI CASE PROVES THAT THE ACB AND THE GOVT ARE NOT SERIOUS ABOUT FIGHTING CASHGATE. THE ACB AND THE GOVT OF MALAWI ARE ONLY INTERESTING IN FOOLING THE PUBLIC AND DONORS. DO NOT BUY THEIR LIES.

  13. A MAYI SENZANI, CHIBWENZI CHA GEORGE CHAPONDA ALOWESO MU KHOTI. WHY SO BIASED WITH YOUR JUDGEMENT? SITHOLE WAPHWEKA, AKANAPANGA CHIBWENZI NDI CALISTA, ZIKANAYENDA, MWINA YIKANAKHALA 2YRS.

  15. this guy goes to prison in handcuffs yet the other convict was walking freely! whats the difference?

    Rightful sentence anyway…….! more to come? of course ya!

  16. Many people have not understood the tenets of life. When I was in Standard 6, I read DESIDERATA which was published in the only newspaper then, The Daily Times. I have lived to appreciate the counsel contained in the writing of the unknown author. One paragraph in DESIDERATA says “Enjoy your achievements as well as your plans. Keep interested in your own career – however humble, it is a real possession in the changing fortunes of time. Exercise caution in your business affairs, for the world is full of trickery. But let this not blind you to what virtue there is. Many persons strive for high ideals, and everywhere life is full of heroism. Be yourself!” If we were to follow what has been said, morality would have been the order of the day, koma anthu ambiri amafuna akhale zomwe sali ayi. Many have led a highlife with stolen money, kumanyauda pa town ndi ndalama zakuba. Munthu accounts assistant mbutuma yomwe ndi ku college komwe siinafikeko nkumakhala ndi ndalama zambiri ngati zimene zija and yet his salary was less than K100,000 per month. Such people should be incarcerated indeed. My only hope is that others of like mind will desist from stealing from government coffers for the sake of our ailing economy.

  17. The custodial sentence on all the cashgates scandal is welcome. Each and every cent of the public account should be accounted for regardless of one’s political station in life.

  21. Considering how Malawians suffered and died from lack of services while these guys were stealing, this is a fair sentence. Koma mzimayi uja bwanji munampatsa a lenient sentence? Nanga ma senior chashgaters bwanji sakutchulidwa mu ma report, ena sakuzengedwa mlandu at a convincing speed?

  22. This is Malawi. A small fish is jailed harder than the big fish. Malawi had money but went to these thieves. Most money went to their houses. Why not sell their houses and bring back the money? Jail will not help Malawi and Malawians who suffered because of these greedy and selfish people. All Cash Gates people should give back the money. If they don’t have they should sell their properties and pay back the money. That is better than jail.

  23. Kodi ndiye kuti momwe zayambikiramu, palibe njira ina yake yakuti otsalawo akhoza kumathawa mmodzimodzi? Eeeeehhhh!!! Zayamba kundiopysano!!! Mulandu wa Kasambara adzagamule jaji yemweyu tidzaone ngati adzachite chimodzmodzi ndi Mtumbuka mzakeyo!!! Uyu angomuonerera poti ndi wa pakati!! A tumbuka tsankho ndi chigamulo chomwe???? Any way, its a good sentence taking into consideration that many Malawians lost their lives during that period!!! Bravo Senior Magistrate Patrick Chirwa!!!!!!!

  24. Atsalano a Ivy League graduate a Mphwiyo, ndi mnzawo, Kasambara SC( Silly Counsel ) Forget about Senior Counsel for he is a Silly Counsel !!!!!

  28. Mob justice. Tikaotche numbs ya Senzani ndi ma business a Lutepo, Kasambara, mph wino ndi ena ones auk awl pamoto basi

  30. sorry mr sithole, its not my wish to say a lot on u r 9years jails .only God Knows How To judge Accordingly.

  31. As others have stipulated, sithole is just a small fish? Why is this justice so descriminative in nature. Poor Malawi where evn our courts are places of injustice!

  32. 9yrs behind bars in exchang with 2months joy. Thats the effects of sin sweet 4 a moment sour 4 long. chirwa we need judges of your calibre kip it up.

  34. Sithole is a small fish in this big pond. Of course, he has bn convicted of a crime (possession of stolen property in this case money). But the truth remains the same: The Guy did not steal from Govt coffers. And He told the court the truth about where the money came from. I believe the sentence is way too much. Justice should be applied equally without bias. Why should he get 9 years? and then Senzani who actually participated in this racket gets away with 3 years. What messages r our courts sending here? I guess Justice only applies to the poor, and the little known. The big Kahunas can commit whatever crime they want and still escape the long arm of the law. Our learned Men in Wigs and Gowns encourage this. That’s why Ralph is full on confidence; talks trash on social networks coz he knows nothing will happen to him. Mr. Kasambara wont serve any jail term. Terrible!!!

  36. Abale this is not true … amalawi zoona munthu uyu sanabe ekha bwanji amene anabawo sum,umuwamanga….ache eni akawo…namathanga mwamumanga zaka zingati? po peza iye ndiye anali dolo

  37. A Chirwa takufilani heavy penal code izigwira ntchito and u really deserve a distinction for the meaningful sentence u’ve passed to the accused, Sithole.

  38. Chirwa knows his job because anthu amenewa anatenga ndalama zankhani nkhani zoti zinakapindulira anthu oposela 100,000 ku KCH kulibe mankhwala okwanila .pliz alangidwe anthu amenewa

  41. My friend Sithole, you were eating money like dried cassava in Lilongwe. Paying a rental house at K200, 000 per moon. Now you are hiding. You wish you could be living in darrkness. Gosh I think you needed a stiffer punishment than only 9 years. You are worse than Macholowe and Mavuto mawindo the blood suckers . You have to be hanged and skinned alive like sadam. A mare accounts assistant like you possessing that huge sum of dinyeros.A heartless being. Out here I will take your beautiful wife. Imagine leaving her for me for the good ten years.

  44. ka Clerk kakuba uzapeza Mkazi wako atakubelaso potuluka kumeneko ali ndi ana 6 stupid ife kumavutika chifukwa cha mbuzi yakub shatapu ufele komweko.

  45. Wow! bola pamenepo, zinthu zayambano kuyenda. Asakhwi amenewa adziwe kuti ndalama za anthu zomwe amadya zija lero zawabwerera. Kaya wina sakafera kundende komweko, kaya! Ena nonse okhudzidwa get ready, Kamudoni and company sakucheza. And please, assign the cases to judges with iron hearts who know what justice means like Patrick Chirwa, ana amuna bambo, samacheza ayi. I can imagine how others are feeling now (pano ali nje nje nje, kunjenjemera). Angakhale ali ndi ndalama zambiri in their houses, sizikukoma akamadzidya ayi. Mumayesa zidzakhala chonchi mpaka liti abale? I hope such sentencing would be deterrent enough to people especially the accounts personnel in the civil service and other crooked so called businessmen who were bent on reaping where they never sowed. ADZINGOKUKWIDZINGANI until such a time when sanity shall prevail in our society. i rest my case!!!

  46. Our justice system at times is highly questionable, there is too much gender inbalance when passing out judgement. When it come to women they usually get a fair sentence but it’s hard on men. Even the jail conditions ain’t equal but when it comes to natural justice gender does not apply in any way, i wish that first cash gate convict could have gotten almost the same sentence. Victor have a wonderful time in earthly hell, there are no short cuts to riches you have put your destiny in total disrepute, it was better to be that assistant accountant you were than being an overnight billionaire and rot in jail, by the time you come back, expect so many changes, perhaps your wife to be married to another man your kids to be mocked where ever they go oooooh!!!!! shame. I WISH YOU WELL BRO

  48. A sithole ndinu a chitsilu, pakadafunda padajiwitcha galu,ndalama munabazo mukanati mupite overseas mukanakhala moyo wabwino sukulu mukanaphunzila bwino and attain citizenship koma kufuna kumashayina pa malawi mapeto ake amenewo sorry sir shamba simalo ambwino ata

  49. Next the prosecution should apply to immediately recover the money. When Sithole finishes his jail term he will understand why it is bad to live a lifestyle beyond your means. These guys have ruined the country in many different ways. Some of us who went to university and working for government appeared useless but a clerical officer who even failed MSCE was seen rich and important because of stolen money. Education was seen as useless as academic failures in government were financially better than those who spent good number of years at school. By the way, don’t we have a system as a country to monitor these things? I should not be misunderstood, a Junior person in government can genuinely become rich through businesses or inheritance from parents but there are circumstances which are straight forward to notice something fishy.

  50. When you lawyer has been appointed as a diplomat and doesn’t appear the morning of your sentencing consider yourself screwed.

  51. Nyumba ya Senzani a Boma sanalande tikangoyichita Boko Haram kuiyatsa basi. It seems the govt will not seize that house because the bitch is related/sister to Anna Kachikho

  52. Knowing azibambo pa Malawi akamakhala ndindalama amayambakuzunza mkazi mkumakhala ndi Ankhwezule, zikwatu achina chiomba nkhanga.Mkazi wake not even a savings acc. Nkhezule mkuzimangila nyumba. I hope that is not the case with u Sithole. Chifukwatu Nkhwezule kundende sizinhama phikile for 9yrs. Tinena pano ndi Number yomwe anafufuta. This is the time amuna amadziwa kuti ali ndi mkazi wapakhomo ndi ana. Nthawi yokhala pakhomo and enjoying the family kunalibe pano ndiye mkumafuna mutakhala ndi family coz zavuta. Its funny some men fail to control themselves coz of money. So how do they control themselves when they r inside. Those with eyes please see and grab a lesson.

  53. YATSALA NDATA,NAYO ILANDIDWE .PALIBE MMALAWI AMENE ANGAMANGE PALACE NGATI IMENEYIJA. ILANDIDWE BASI.

  55. Also make a follow up on the 92 billion that was stolen by your brother. We also need justice on that!

  57. Where is this great Judge ” AMUNA NYAKWAWA USIWAUSIWA” he is the kind of judges we wani in Cashgate cases osati AUVE KAMANGO

  58. Yes that’s the way to go. Sithole stole MK140,175,500.00 in total. Mwana wa khanda kuba ndalama zonsezi. Kumayendetsa ma poshy cars, ife ma business tinayamba kale kale kumakhala ngati anthu osaganiza chifukwa chosaoneka kutukuka. He should rot in jail and his father should be going there to visit and give him nsima daily because he also benefited. He drives good cars and sleeps in good house, all this from cashgate money. I SALUTE you Senior Magistrate Patrick Chirwa.

  60. l feel the judge’s decision is too soft if they are to send a very strong msg to the pipo. If we consider what this nation has lost becaz of these pipo. Theres no way they can be lenient like this. Let’s be serious guy’s! Poor pipo are still suffering than ever before remember!

  61. This is the best judge ever please dont give Ivy Kamanga and fiona mwale any cashgate cases azimayi amenewa satithandiza .

  63. (Ife anafuna gula nyumba wabwino koma katangale anakula mbilimbili mu boma chonde thandiza, ife alipo Malawi weniweni gogo wathu anabwera kale ku Ntcheu ndipo tonse alipo lankhula bwino bwino Ngoni, gogo wathu aliponso panga coloured mbilimbili pa Balaka) I would like to buy one of the Cashgate houses especially Senzani or Mphwiyo or Msonthi when they r seized and auctioned but knowing how greedy our politicians r, they will get these houses below the market value as they have been doing during the past 20years!

  64. This is a meaningful sentence, we need judges like this one to handle cash gate cases, no biases just applying the law as it is. Now lets hear the next case.

  65. Magistrate Chirwa, we need more of you in the Judiciary if our society would be right. Can I ask the judiciary to assign some cases to Magistrate Phiri of Mzuzu who knows exactly what such people deserves.

    Please let the minimu be 10 years for these shameless culplits but consider more than 35 for their masters.
    Also consider to make sentences run consecutively like Chirwa has done. Bravo and long live Chirwa

  68. Abale, Even for a lay person like me who is not a judge? Who abused his/her office more? SITHOLE STEALS K120M GETS 9 YEARS ; SENZANI STEALS K65M GETS 3 YEARS. Scale siikubalansa ma guy. Ratio says SENZANI should have received half of Sithole’s = 4 1/2 years at least. Boma appeal on Senzani’s case basi NOW.

  69. Kodi nkhani ya clerk wa boma ku Capital Hill anapezeka ndi K400,000,000 mu account yake ili pati? Paja nkhani iyi imakhuza mkulu wa za chuma ku Police amene anapangidwa transfer kupita ku Mangochi. Tatiuzani kodi anamangidwa kapena ali pa bail?

  70. R.I.P sithole.But Why so early?……iwe zoona kuyamba kuba ndiakuluakulu that age?you will rot in prison.

  71. What about the Sam Machilas? James mandambws? The Kendos, The savalas, The Kasambaras, The Manondos, The Kalongas, The Lutepos, The Bophanis, Makandes, Chibvundes? Quick quick! Justice delayed is justice denied! Tikufuna awulure amene amawatume or else they will rot in Prison

    1. HAHAHAHAHAAAAAH, KHANI SIMENEYO MALUME NGATI TINGAGAWANIKE TIGAWANIKA CHIFUKWA CHA DYELA KOMANSO KUDZIKONDA KWAINU ANTHU AKUMPOTO, KUBA MKATI
      WOSAPEZELA POTHAWILA APA. NGATI SITHOLE ALIBALEWAKO NDIYETU ZAKUVUTA BASI

  79. nine years behind bars not enough for cashgate wakuba, alot died in hospitals coz.of you guys, you will be out in 2023 woyyyeeeeeeeeeeeeeeee

  80. So keeping someones money is illegal and living a luxurious life is illegal and ‘having a vits is illegal but keeping 92 billion for your late brother is legal?

  83. That’s how justice works in the impoverished country of Nyasaland. Look how this kalaliki couldn’t handle the gargantuan collosal sum of money.Malawians are reeling in poverty while other people are living in opulent style from these senseless heartless lootings.
    People in Malawi are driving some funny brand names of cars because they could buy whatever they could afford with these lootings.
    Za Mayi Senzani zosaneneka.Poshy range rovers and hollywood style of houses in area 6.She cant do time because of some funny illnesses. 3yrs? What a joke of a law.These people need to rot in jails.nah nah sayimoni bayisikolo cant take this nonsense.

  87. a sithole mukanakhala sister wa ana kachikho nanunso mukanakhala 3 yrs yokha! this is political justice at work.

    1. Kodi umbuliwu bwanji. Sithole stole over 120 million kwacha. Senzani stole less – 65 million. Senzani pleaded guilty and did not waste court’s time while Sithole pleaded not guilty and in the process wasted court’s time. Senzani paid back what she stole while Sithole did not give back. Did you expect the sentences for these two to be the same? Ask first before pucking your rubbish here. After all the judge is neither from the south nor the centre but the north. Iwe mbuli yokutha ntchito

  89. 9 Years ha! Just out of curiosity, why did Mai Senzani got 3 years only and this one got 9? Is it because she is connected to DPP gurus or a woman? is it because she in relationship with Dr Chaponda, or because she is a sister to MP Kachikho? If these are parameters used to give that judgment, then let us think twice about how justice in Malawi is executed. Do we really need to trust our courts? I hear the lawyer representing this fella got compensated with ambassadorial post, so did he not sold him? He is jailed for keeping somebody’s money, but this somebody is not jailed yet, what are you waiting? By the way do we have moral ethics amongst the lawyers in Malawi or they are driven by money? I wonder and wonder and will continue to wonder until justice will be served to those who fully deserve it.

    1. Though I would agree that the 3yr sentence was on the lower side let us not forget that Sensani pleaded guilty to her case thereby saving govt money, and in addition to that she also showed remorse for the crime she committed. As for the dude in this story the truth is a complete opposite.

      Lets all remember that our courts are not there to make laws, they are there to interpret the law while the police and prison officers are there to execute the law.

      All laws are form and passed in Parliament.

    1. Who told u pple that Sithole is a northerner? Sithole comes from Mchinji. By the way sentences are given at the discretion of the court. Senzani as much as i don’t condone her actions and the sentence given pleaded guilty and restitution has been made which is not the case with Sithole. Sindine wa kummwera nor a DPP sympathiser.

    1. The southerner pleased guilty, the northener pleaded not guilty. Every where the guilty plea is given lenience. Having said that, I think it should have been five years not 3 years, Kamanga was a sell out to the nation.

  95. zapaziko la pansi….ukayambe school mwanawe pa 9 yrs ukhala utaphunzila uza buget director

  97. Yes! At least in 9 years he will appreciate the bad and good of theft. The other Casgaters get ready justice is on your door step. Next Is Kalonga,Mpoola, Savala’s, Manondo, Kasambara, Mphwiyo and the other thieves. Yes go go go Maula is ready for you

  98. Good sentence. Now the state should appeal Namathanga’s three years and the case should be assigned to this learned judge.

  99. If I was Sithole…. I would have donated half to the construction of our church…… ngati afuna akagulise Church….kkkkk

    Mbuzi inu….. musiya mkazi pamavuto…aaaa ena amukwela muona..kkkkk

    Satanic money….. its good when you are not caught but its sour when caught….

    Good work…. I can see progress in the cases….. be harsh ndi anyapala awa basi….

    Where is Ndaona and Leah Satema……. KANENGO BUILDING CONTRACTORS….. tiyeni nayo…. akalowaso all the single ladies then I will say justice is doing its work…. coz ma judge and magistrate mwayamba kotombana nao atsikanawa….

    I can watch you from the camera////////

  100. Very sad!!! Let us all know that whatever we sow one day we shall harvest. These people never new that one day they would be caught. Government money sounded like the easiest way to get rich. But at the expense of the poor people!! May justice be done to everyone accordingly.

  103. The fat cows will get less than 3 yrs in jail while the foot soldiers will get, well 7+ years, thus Malawian justice.

    To be honest, most of us Malawians don’t really care how many years of IHL you gonna give these thieves what we need is our money back, all of it.

  104. Galu ameneyu akaphedwenso kundendeko. Asakabwere ndi moyo. Hule wina uja Namathanga akaphedwenso. Tonse tikuzunzika chifukwa cha anthu amenewa. A magistrate Chirwa zikomo pokhaulitsa mbavayi

  105. Komanso Senzani Triza nyumba anamanga pa area 6 ija igulitsidwe ndalama zipite ku boma komanso 3 years zachepa amuchulutsire. We are not happy with your judgement guys!!! senzani 3 years why? komanso senzani stole more than that because the house alone is worth billions!

      1. Nyumba ya Senzani a boma sanalande. Komano, ikuyenera kulandidwa chifukwa palibe munthu aliyense muno mMalawi angamange nyumba ngati imene ija olo atakhala pa udindo wanji or zaka zingati. Senzani anayamba kale kale kuba. Ku Ministry iliyonse kumene wapiti amapeza loop hole ndikubako koopsya. Mbava yaikazi. Zachisoni Mr. Senzani anakwatira mbava. Koma mwina tisati zachisoni, chifukwa mwina Mr. Senzani wo anamukondera chifukwa chaumbavawo.

        1. The accused is INCOLA of Malawi and i quarantee you all malawian NO NO one will take or attach his property, he has been sentenced in magistrate court and magistrates courts are CREATURE STATUTE and this means that magistrates courts have limitations when it comes to jurisdiction and in this instance magistrate court is not competent to attach his property unless must be High Court which is competent.

          GOVERNMENT CANNOT TAKE THE ACCUSED PROPERTY!!!!!! on what ground the property must be taken????, please go and prove it in the court

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