Mphwiyo, Limumba Karim and 16 others charged with cashgate offences
High Court in Lilongwe has formally charged former budget director in the ministry of finance Paul Mphwiyo and 17 others with charges related to the looting of government money worth MK2.446,817.49 from 1st April 2013 to 30th July 2013 known as cashgate scandal.
Mphwiyo, who was arrested by fiscal police on Saturday, appeared in court Wednesday with his accomplices where they were formally charged.
After reading their charges, Director of Public Prosecutions , Mary Kachale urged the court to adjourn the case “for at least two weeks” to give chance to accused persons to read the charge sheet before they take plea “well informed”.
Justice Esmie Chombo adjourned the case to 16 December 205 for plea.
Mphwiyo, David Kandoje, George Banda, Michela Mphatso, Samuel Mzanda and Maxwell Namata are facing charges of fraud, negligence by public office, money laundering, theft by public servant, theft by servant and conspiracy to defraud government amounting to K2 446 817 450.49.
Heis being charged together with other 17 accused that include Limumba Karim, Auzius Kazombo Mwale , Stafford Mpoola, Roosevelt Ndovi, Ndaona Satema and others.
Meanwhile, the court has given bail to other seven other suspects.
However, the state objected to Mphwiyo’s bail application and the High Court judge Esmie Chombo has set aside Thursday morning as the day it shall hear objection from the state why the court should not be given bail unlike his co-accused who have been given bail.
The former budget director’s shooting at the gate of his Area 43 residence in Lilongwe on September 13 2013 is believed to have revealed the Cashgate affair.
Former president Joyce Banda ordered an audit which British forensic auditor, Baker Tilly, undertook between April and September 2013 and established that about K24 billion was siphoned from public coffers through dubious payments, inflated invoices and goods or services never rendered.
In May this year, a financial analysis report by audit and business advisory firm PricewaterhouseCoopers (PwC) also established that about K577 billion in public funds could not be reconciliated between 2009 and December 31 2014.
The charges and cashgate roll-call:
1st Accused
Paul Montfort Mphwiyo 43 Years old
2nd Accused
David Bill Kandoje 55 years old
3rd Accused
Auzius Kazombo Mwale 52 years old
4th Accused
Clemence Madzi 61 years old
5th Accused
Roosevelt Ndovi 50 years old
6th Accused
Maxwell Namata 35 years old
7th Accused
George Banda 57 years old
8th Accused
Michael Mphatso
9th Accused
Samuel Mzanda 49 years old
10th Accused
Stafford Mpoola 53 years old
11th Accused
Andrew Patrick Chilalika 54 years
12 Accused
Sympathy Chisale 47 years old
13th Accused
Fatch Chungano 35 years old
14th Accused
Limumba Karim 32 years old
15th Accused
Stanley Mtambo 37 years old
16th Accused
Cecilia Mervis Ng’ambi 37 years old
17th Accused
Gerald Magaleta Phiri 51 years old
18th Accused
Ndaona Satema 32 years old
CHARGES
Count: 1. Conspiracy to Defraud, contrary to section 323 of penal code;
Paul Mphwiyo, David Kandoje, Auzius Kazombo Mwale, Clemence Madzi,Roosevelt Ndovi, Maxwell Namata, George Banda, Michael Mphatso and Samuel Mzanda
Count:2. Theft by Public servant, contrary to section 281 (1)
Paul Mphwiyo,David Kandoje, Auzius Kazombo Mwale, Clemence Madzi,Roosevelt Ndovi, Maxwell Namata, George Banda, Michael Mphatso and Samuel Mzanda
Count:3. Theft by servant, contrary to section 278 as read with section 286 (1) of penal code
Paul Mphwiyo, David Kandoje, Auzius Kazombo Mwale, Clemence Madzi, Roosevelt Ndovi, Maxwell Namata, George Banda, Michael Mphatso and Samuel Mzanda
Count 4. Negligence by Public Officer in Preserving Money or Property, contrary to section 284 (1)
David Kandoje, Auzius Kazombo Mwale, Clemence Madzi and Roosevelt Ndovi
Count 5. Procuring the Improper payment of public money, contrary to section 88 (1)g (1) of the public finance management Act
David Kandoje, Auzius Kazombo Mwale, Clemence Madzi and Roosevelt Ndovi
Count 6. Abuse of Public Office,contrary to section 25B (1) of the corrupt practices Act
Paul Mphwiyo, David Kandoje, Auzius Kazombo Mwale, Clemence Madzi,Roosevelt Ndovi, Maxwell Namata, George Banda, Michael Mphatso and Samuel Mzanda
Count 7. Money Laundering – MK 2.446,817,450.49 , contrary to section 35 (1) (c) of the money laundering proceeds of serious crimes and Terrorist financing Act
Paul Mphwiyo, David Kandoje, Auzius Kazombo Mwale, Clemence Madzi,Roosevelt Ndovi, Maxwell Namata, George Banda, Michael Mphatso and Samuel Mzanda
Count 8. Lending a Certificate for personalisation to Mphwiyo, Karonga and others , contrary to section 392 of the penal code
Stafford Mpoola, Andrew Chilalika, Sympathy Chisale, Fatch Chungano, Limumba Karim, Stanley Mtambo, Cecilia Mervis Ng’ambi, Gerald Maguleta Phiri and Ndaona Satema
Count 9. Money Laundering – MK 1,630,161,910.85
Stafford Mpoola of Stadal Building contractors, Image, Dan civil engineering
Count 10. Money laundering – MK 60,402,469.70
Andrew Chilalika – Standard Freight Services
Count 11. Money Laundering – MK 117,530,500.98
Sympathy Chisale – Mchemani civil contractors
Count 12. Money Laundering – MK 135,413,930.24
Fatch Chungano – Makhausi construction
Count 13. Money Laundering – MK 132,417,906.67
Lumumba Karim – Pawooh Logistics
Count 14. Money Laundering – MK 78,649,120.89
Stanley Mtambo – Walusako General Dealers
Count 15. Money Laundering – MK 81,763,250.00
Cecilia Mervis Ng’ambi – Protem civil contractors
Count 16. Money Laundering – MK 42,656,788.00
Gerald Magaleta Phiri – Sky blue construction
Count 17. Money Laundering – MK 167,791,603.20
Ndaona Satema – Kanengo building contractors
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