Malawi Supreme Court stops RBM from refunding K185mil to Pakistani national: Chuka saved from imprisonment

Supreme Court of Appeal has saved Reserve Bank of Malawi (RBM) Governor Charles Chuka from imprisonment on contempt of court charges after it have an order staying the High Court ruling that orderd the central bank to refund Blantyre-based Pakistani national Muhammed Jawad K185 million ($269 970).

On April 28 2016 High Court judge Kenyatta Nyirenda ordered the central bank to refund the sum of $269 970 to Jawad.

But the central bank did implement the court order which then prompted the  businessperson through private practice lawyer Lusungu Gondwe to move the court to file a motion for order for committal to prison against  Chuka, the central bank’s general counsel and bank secretary Samuel Malitoni and legal officer Thabo Chakaka Nyirenda .

Jawad  applied for the arrests of the RBM officials for contempt of court

But central bank  challenged the High Court ruling to refund Jawad his money, arguing that Judge Kenyatta Nyirenda  did not properly apply the law to the facts and he misdirected himself.

And the Supreme Court on Friday halted the contempt of court proceedings against  the three—Chuka, Malitoni and Chakaka Nyirenda— which were scheduled for May 26.

The Supreme Court order also stayed Judge Kenyatta Nyirenda’s order to have RBM pay back Jawad.

Jawad was convicted last August on charges of illegal possession attempting to externalise money after being arrested at Chileka Airport in Blantyre when  he was found with foreign exchange concealed in his travelling bag amounting to $269 970.

Blantyre senior resident magistrate Esther Bodole ordered forfeiture of the money to government.

Jawad pleaded guilty to illegal possession and attempting to transfer forex illegally out of the country, but he pleaded not guilty to money laundering despite the count finding that he had a case to answer.

Chakaka Nyirenda said the central bank is delighted with Supreme Court ruling, saying the order by Judge Kenyatta Nyirenda would result for the country to reward a person who committed a crime.