Malawi judges never received any cash bribe, Mpinganjira to file ‘no case to answer’ submissions

November 28, 2020 Osman Faiti -Nyasa Times 32 Comments

The Anti-Corruption Bureau (ACB) has finished its prosecution case  in a matter which business mogul Thom Mpinganjira is accused of allegedly attempting to bribe five High Court judges sitting as the Constitutional Court in the May 21, 2019 presidential election nullification petition case  and with no evidence tendered of bribes exchanging hands, the defence has indicated it will make a submission that there is no ‘prima facie’ case, that is, that there is no case ‘on the face of it’.

Lawyer Nkhono for Mpinganjira: No prima facie case

Judge Dorothy DeGabrielle has given ACB and lawyers representing Mpinganjira five days to make their submissions after prosecution paraded all  its witnesses that included the five judges  who were on the panel as the Constitutional Court

and Dan Mponda, the bureau’s director of investigations.

In all their testimonies, all the judges  including Justice Healy Potani, Mike Tembo, Dingiswayo Madise, Redson Kapindu and Ivy Kamanga, they are told the court they did not receive any money  as a bribe from Mpinganjira.

None of the judges also testified that they saw a parcel with cash, but the issue of a parcel was  heard and that of cash bribe being given was largely hearsay. Some testimony was tenuous and inconsistent in nature.

On Friday as last prosecution witness, Kamanga—now Justice of Appeal—told the court the judges learnt about Mpinganjira’s alleged attempts to bribe them following an understanding they reached that any judge must share any conversation or issue he or she encounters in relation to the case.

“So, on October 10, 2019 during lunch hour, Justice [Healy] Potani, who was the in-charge of our panel, told us he had shocking news to tell us.

“That is when he broke the news that he had received a phone call from Mr Mpinganjira asking if he had received a parcel to pass on to us judges who were hearing the elections case,” explained Kamanga.

Kamanga further claimed in the talk Mpinganjira discussed all the judges hearing the case and only excluded her because “he was not sure if she was going to be persuaded.”

When one of Mpinganjira’s lawyers Fostino Maele asked Kamanga why it took three months before reporting the matter to ACB, Judge Kamanga stated: “We were aware of the need to immediately report the issue to ACB, but we were handling a matter of national interest and we agreed not to do so because of the atmosphere then.

On his testimony, Mponda  was conspicuously s shaking when he was asked to explicitly point out where Mpinganjira said ‘here is money’  for he judges to influence their judgement in favour of the Democratic Progressive Party (DPP) and its leader Peter Mutharika and the Malawi Electoral Commission (MEC).

He said in matters of bribery people do not come out to explicitly say they are trying to bribe someone.

Mponda disclosed that in their findings they did not find the said parcel nor did they substantiate that Malawi Supreme Court of Appeal judge Lovemore Chikopa

was getting money to give to  Potani and ACB cleared him of any wrongdoing.

ACB investigate Chikopa after he was linked to a case where Chief Justice Andrew Nyirenda lodged a complaint to the ACB that two judges—Potani and Tembo—had reported alleged attempts by Mpinganjira to influence their judgement in favour of one of the parties in the case.

Chikopa was on the seven-judge Malawi Supreme Court of Appeal panel that on Friday upheld the Constitutional Court judgement of February 3 that nullified the presidential election results and ordered a fresh election set for July 2.

The judges were recently named winners of a prestigious international award for overturning presidential elections for rigging.

The London-based think-tank Chatham House lauded the judges for bravery and independence after they cancelled the re-election of then incumbent Peter Mutharika in a historic decision for elections in Africa.

They ordered new elections, which were held on June 23 and won by opposition leader Lazarus Chakwera who teamed up with Saulos Chilima as vice president.

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32 replies on “Malawi judges never received any cash bribe, Mpinganjira to file ‘no case to answer’ submissions”

  1. Leave Mpinganjira alone.We know there are some DPP officials who wanted to use this innocent man for their own gains.Mpinganjira has done excellent work as chief of FDH bank which employs a lot of Malawian from all districts.

  3. Good luck getting the case dismissed. The insinuation here is that the 5 High Court judges, who have over 100 years of combined experience on the bench between them, apparently colluded to bring down Mpinganjira of all people for some unknown reason other than attempted bribery. Trying to convince their peer is a tall order. The Man will go to prison but the cash he has stolen with the DPP will never get recovered. A small price to pay so his family can live the good life for generations.

  4. This case opens us the eyes, that we can’t trust political Leaders, Bankers and the highest Judges in the country! This sad status quo of our Nation after 56 years of independence needs more then only Mindset change!

  5. He is being charged with attempt to do how can there be no case to answer because money did not change hands. If he had been charged with bribing charges then he has no case to answer.

  6. Can one bend the law on his own saying he is doing that in public interest?. The judges failed to report corruption as per the requirement. And some judges were just coerced to be complaints when they are in fact not party the case. De Gabrielle has a wonderful job.

  8. Where money is involved, the wheels of justice never turn in favour of the truth. Apa Thom mpinganjira will be released and if he is greedy will sue for wrongful arrest and hence need compensation. Acb is pathetic and shameful

  9. ‘Cash did not exchange hands’ ask Uladi Mussa that was his defence. Lawyers for Mpinganjira find another defence

  10. Do not forget that he asked for a at some point he was willing accept guilt by asking for a plea bargain

  11. Koma anthu ena simunvetsa zinthu mwadala, the issue was not anapatsa ma judge dola Nooo koma amafuna kupatsa ma judge dola kumazitsata let the presiding judge do her work period

  12. In this case he is being prosecuted for the general intent, there is enough evidence to prove that he had an intention to commit an act against the law (corruption). Whether the result was successful or not it doesn’t matter, like in his case it didn’t succeed bcoz the judges refused to accept but It doesn’t take him off the hook. That’s why you have cases like attempted murder, even you don’t succeed to kill but the intent is enough to send you to jail….i leave it to our professional judges to do the needy.

    2. No bro Moya, don’t look the issue according to your reasoning, that’s a legal issue. You must understand that legal cases are prosecuted upon evidence and not mere heresies, our emotions or our wishes or our personal expectations. If you read the story well you could point out that there’s no substance in the evidences of all the witnesses so far. You have pointed a case where somebody is found guilty for mere intent but you must also understand that there are numerous cases where actual crime has been committed but the accused acquitted based on the evidence tendered. It’s all about evidence!

        1. Za recorded call paja sizinagwilenso ntchitotu pa mlandu wa a Cassim chilumpha yofuna kupha bingu. Am not sure if it can work this time around.

          1. Obviously they will use it. Calls have loggs. It will show who called and the voice will be recognized as to whom it belongs

  14. The case is turning into something worth pursuing. From the ongoing, it would seem some underhand tricks were involved which will apparently lay bare some professionals reputation. Someone will go smiling all the way to the bank because of the stupidity of certain individuals. Now as cited a couple of days ago, those who will be found to be at fault should be made to pay through their noses what ever fees is required. Zisakomere mbuzi kugunda galu aiii!!

    1. The thing is, he did try to give them money. If not, why was he asking if the money was getting to the judges. He is not clean. Remember when a deal was made for a lesser charge. He did not bribe the judges, he tried to bribe them.

  15. What I find to be stupid is how they would report to ACB by proxy. Tembo should have gone there himself not use Nyirenda. As things are coming out from he judiciary it is becoming clear why Nyurenda was refusing to leave the judiciary. He wanted to make sure that its fully Tumbukalised

  17. I have never seen learned judges bahaving like idiots like these ones. Even Laymen who have not studied Law can see it clearly that Mpinganjira has no case to answer. If he has a case to answer, why was Chikopa who took the parcel free from this case. This is absolutely hearsay and the five judges should get ready to compesate Mpinganjira who is already reach. It is shameful that our learned judges are failing to understand a case of this nature. Shameful!!!!!

    1. If he has no case to answer, why is there a request for a plea deal on the table? Can you answer this please?

    2. Everything is laughable in this case bro. I share your observations. It’s more disturbing as you look at the fact that these complainants are not just mere lawyers.

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