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.
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I have to agree with KKilembe. According to exchange control regulations, the accused is supposed to get back his foreign currency and have it exchanged for local currency at a registered forex dealer. Forfeiture orders are at the discretion of the judge. So in a nutshell, the Judge didn’t err with his ruling. It should also be noted that for whatever reasons Nyasatimes didn’t deem it necessary to report that the judge had affirmed the lower court’s decision that the appelant be fined K850,000(trying to transfer foreign currency without authorisation) and K100,000 (illegal possession of foreign currency). If anything the… Read more »
Do you know patans ?amalawi!!
Did you EVER KNOW THAT TRIBALISM IS THE WORST FORM OF CORRUPTION?
This man had not stolen any money. His money was only in another denomination apart from the worthless Kwacha. He wanted his forfeited money given back to him. The Malawi government is the on e which is trying to steal from this indian. It is sad. He must be given back his money.
Kenyatta Nyirenda is a very dubious judge…he needs to be investigated!
Smell the coffee my fellow malawians. You have to look at the bigger picture. The supreme court had to save Chuka’s ass regardless of the overwhelming facts against him and the establishment. Court business isn’t straightforward as most of you think. Government will always find a way of avoiding to pay compensation or protecting its officers. The supreme court is there to do just that.
Most of the people that comment here are very shallow in their thinking including the writer of these articles concerning Judge Kenyatta. Once a judgement has has been passed any one in the public can access the ruling by requesting the court to give them a copy of judgement. It seems this writer, is being rewarded handsomely by someone or some people who are not happy by the presidential judgement which is was also straightforward. There was nothing to do with which party he supports but what the law says. First of all ask for the law to be changed… Read more »
Just to remind Dr Tonde that his remarks on Kenyatta Nyirenda is out of context in the sense that the fake doctor could not draw the line between Nyirenda and Tumbuka.Why this vicious hatrade against the Tumbukas who are themselves deep-rooted citizens of this country as Chewas,Yaos,Senas the list goes on.From my authentic observations,I have seen that foreigners like Indians,Pakistans and Chinese are more tolerated by fellow Malawians,than Tumbukas or say,Northerners.Is there any particular reason other than academic and intellectual standing? If there is one,can any citizen from the South and Central Malawi mention one credible reason.If not,I must catagorically… Read more »
most of you commenting here are doing so because of Kenyattas record on 2014 elections and not on the case at hand .Please understand the case before making unwarranted comments on here .It easy to see some of you are making comments out of hatred for Kenyatta
Poor people land Malawi