Malawi leader Mutharika risks a civil lawsuit over K145 million

President Peter Mutharika returns home from a high level Comesa summit held in Zambia just to find demands from rights activists  to refund to government K145 million that was deposited into a Democratic Progressive Party (DPP) account by Pioneer Investments (PI) Limited for which he is the sole signatory, or risk a civil lawsuit.

Lawyer Wesley Mwafulirwa (C)  dragging the President to court

The money was allegedly fraudulently acquired from the Malawi Police Service (MPS) food rations deal.

Mutharika is reported to have not been aware about the investigations of the deal and the deposit in the account by his handler at the time.

The President dismissed the matter when it came to light as “fake news”  but when he was told the deposits were made without disclosing details of the donor into a party account, he asked law enforcing agencies to investigate without fear or favour.

The Human Rights Defenders (HRD) have since instructed lawyer Wesley Mwafulirwa to commence legal action against President Mutharika should he fail to give back the money to government coffers within five days.

“We are duly informed that the said funds which are the subject to the said deliberate withdrawal by you are funds which came from a fraudulent transaction between Pioneer Investments and officers of the Malawi Police Service,” says the letter from Mwafulirwa to President Mutharika.

The letter says the K145 million was intended to benefit  and must have been used to the benefit of Malawians.

The activists, through lawyer Mwafulirwa say that the opening of the bank account with only himself as the sole signatory, the subsequent deposit of the funds into the account by Pioneer Investments and the subsequent withdraws from the said account has nothing to do with his job as the President of the Republic of Malawi.

“We are of the informed view that the immunity you enjoy as Head of State does not extend to this transaction as this was a private transaction  not related to the office you hold such that you do not enjoy any immunity on this respect,” says the letter in part.

The chairman of the Human Rights Defenders Coalition Gift Trapence confirmed the letter was authentic.

On Wednesday, Mzuzu-based Youth and Society (YAS) in two separate letters through Ritz Attorneys-at-Law to DPP and PI Ltd, demanded that the two institutions immediately refund or indicate how they intend to repay the said sums within two days..

YAS argues that the governing party is aware that the said money represents proceeds of a fraudulent sham procurement by MPS officers and Karim of PI Ltd.

“You are no doubt aware that the said moneys represent proceeds of a fraudulent sham procurement by officers at Malawi Police Service in conjunction with one Zameer Karim of Pioneer Investment that resulted in the sum of K466 000 000 of consolidated revenue being misappropriated under the so-called ration packs contract between the Malawi Police Service and Pioneer Investment, according to the leaked investigation report of the Anti-Corruption Bureau….

“Our client remains baffled that even after you, your party members and especially your party president/chairman learnt of the fraud that yielded the sum of K466 million, of which K145 million is considered a part of, you have not in good conscience refunded let alone committed to refund the moneys to government for the use and benefit of the people of Malawi,” reads the letter in part.

DPP secretary general Grazider Jeffrey refused to comment, saying State House  already explained the alleged K145 million that Karim deposited into the DPP account was among donations deposited into the party’s headquarters construction project account.

A leaked dossier from the Anti-Corruption Bureau (ACB) into the K2.7 billion MPS food rations scam indicates that PI Ltd made an abortive interest claim of K466 million and deposited K145 million into a DPP bank account at Standard Bank whose sole signatory is Mutharika.

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Napoleone
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Napoleone

The calibration of the type of lawyers we have in Malawi seems not to understand the books which they have studied. Sure dragging the president to court, wow, Let us wait and see.

Investigator
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Investigator

A Pita anachosa mukulu wa Army paudindo chifukwa chakatangale.Popangakampeni muchaka cha 2014 amayasamula kukamwa mpakana kuwonesa mano onse akamakamba nkhani ya Cashgate wa Joyce Banda mpakana a Malawi kuwavotela kupita ku State House.Chonsecho iwo kumapanga katangale yemweyo,watikwana,kapumeni Cardiac Arrest isanakupezen, asa!!!!

Huwee
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Huwee

Abale tipewe kuganiza mopwambwana kapena moperewelera.Nkhondo mudziko amayambitsa ndi Anthu ochepa oganiza mopelewera. ngati chonchi.Mudziwe izi kuti ndi kupelewera chidziwitso komwe kungapatse maganizo kuti Goodall Gondwe,Peter Muthalika ndi George Chaponda ndi osauka.Anthu awa amagwira kunja nchito over 39 Years as expatriaates and each one has properties where they worked and are on monthly pension.Chilima is only 45 years meaning that they were already working as quality or qualified expatriates when chilima was less than 5 years old..Be careful people do not allow people to over use you or engage your minds with wrong perceptions. If the commander of the army… Read more »

Apple
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Nyemba zikamawila timati zatsala madzi amodzi ,pang’ono kumpswa! Nde Akuluwa atsala madzi amodzi Kuti tiwaphule apswa! !!! Abwata mokwanila!!!!!!!!

Anonymous
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Anonymous

I really don’t know who to trust , I like and Love Lucius banda in music not in politics, I do love and adore Saulosi Chilima as young and successful but not to be a Leader of a country , not forgetting Amzanthu azisudzo awa Michael Usi I like him in that way not politics . That kind of behavior I personally call it greedy and selfish

#DzukaniAmalawi
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#DzukaniAmalawi

Public Officers by definition are accountable to the public. The trail of transactions indicate that the public has reason to be concerned and therefore some explaining has to be done. The head o state through his party has expressed his innocence. It is imperative therefore that the matter be heard and the veracity of evidence tested through an independent process. It cannot be that a head of state is cast in doubt especially when his integrity is concerned. he has to be above reproach at all times. Let YAS take the case to its logical conclusion and ensure that the… Read more »

Maunits
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Maunits

Zitengetseni mbava izi zatikwana kutibera aMalawi.

Chilungamo Chimawawa
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Chilungamo Chimawawa

Arrest this thief No 1. Let him stay behind bars as he has stolen a lot from poor Malawians

MULOPWANA IWEEE!!!!!!!!!!!
Guest
MULOPWANA IWEEE!!!!!!!!!!!

Mwachepa nadzo a Mwafuliwa

KATANGALE BOMA ILI
Guest
KATANGALE BOMA ILI

palibe amene amakhala pa mwamba pa lamulo…. sanachepenazo ndipo malamulo azawayendetsa amwafuliwa ngati mmene amayendera madzi…. osamadana ndi chilungamo…. abweze wakuba ameneyu!!!!

Gwemula
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Gwemula

Ndemanga zinazi ndiza anthu omwe amakonda kuba za anzao iwo mimba zao nkumafufuma ndi ma proceeds a haraam koma mudziwe kuti one day is one day mudzagwa ndi cardiac arrest ! ! Ndalama izi abweze basi he’s preaching day in day out kuti we are fighting corruption and YET HE’S THE ONE WHO’S PROFITING FROM IT GWEMULA WANKULU APA ENA NDIYE MUKUOMBERA MMANJA ZONVETSA CHISONI NDITHU NDINU ANA MAPOPA AJA EEETI AGULUKUNYINDA Kagwereni uko

kman
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I wonder if Pioneer Investiments are fully investigated by the Beareau,and that court submissions have been made and a case is established and judgement is passed against Pioneer Investiment that declares that the money was fraudulent.I doubt the rash for suing the DPP and its presidency if it shall yield your political motive. Mind you,by trying to dent the Presidency and finally you goof with all your motive makes APM popular.I believe childish manouvres against the high office shall cost you nothing but lost trust on your northern groupings. Be reminded that APM himself is a learned lawyer and well… Read more »

Marx
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Marx

You guys a pathetic really, mpaka quoting JB to justify your cause?

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