No corruption case for Chaponda and Tayub, defence submits seeking acquittal: Verdict May 18
Lawyers for Democratic Progressive Party (DPP) vice president for the South George Chaponda and Transglobe’s Director Rashid Tayub on Friday submitted for a ‘no case to answer’ defense before the Zomba Senior Resident Magistrate in the Zambia maize procurement deal.
Chaponda is answering three charges which include giving false information to the Anti-Corruption Bureau (ACB), influencing a public officer to misuse his position and possession of foreign currency while Tayub is answering to the charge of persuading a public officer to misuse his position. They both deny the charges.
The former minister of Agriculture, Irrigation and Water Development was arrested last year alongside Blantyre-based businessperson Rashid Tayub, who is operations director of Transglobe Produce Limited, for suspected corrupt acts in the maize transaction.
In their oral submission te defence team comprising Tamando Chokhotho—representing Chaponda and Lusungu Gondwe and Jai Banda representing Tayubtold Senior Resident Magistrate Paul Chiotcha that the evidence which the Anti-Corruption Bureau (ACB) has is not sufficient to enable the accused to enter defense.
“The first accused’s (Chaponda) submission of no case to answer is made pursuant to Section 254 of the criminal procedures and evidence code, which provides that if upon taking all the evidence referred to in section 253 and any evidence which the court may decide to add at that stage of the trial the court is if the opinion that no case is made out against the accused sufficiently to require him to make a defense,” said Chokhotho.
He said the State was not too sure on whether to charge or not to charge the accused, but acted on the outcries of the general public.
Chokhotho said during cross examination, ACB Principal investigator Exton Kamkwete admitted that there was no sufficient evidence to effect an arrest but they did so under the direction but someone from above whose identity was not disclosed in court.
In his observation, Chokhotho said as minister of agriculture, Chaponda’s duty was to make sure that there is enough food in the country.
“The minister had to discharge his duties to make sure that Malawians have enough food. We should not create a situation where public officers should be afraid to discharge their duties,” said Chokhotho.
Chokhotho said the State failed to treat their own witnesses who were leaning towards the defense as “hostile witnesses”, saying they were trying to override what their witnesses were saying.
” This has been a long journey and we dont want another one. We have heard what the state had and it was not worth it so it is our plea that the accused be acquitted of all the charges,” he said.
Tayub’s lawyer Jai Banda in submissions, argued that no single witness adduced any evidence incriminating the accused.
“Your honour we are of the view that the State has completely failed to make out a case against the accused… You will observe from the evidence there is nothing implicating the accused to persuade Mr Mulumbe [former chief executive officer for Agricultural Development and Marketing Corporation-Admarc] to offer a contract to Transglobe to export from Zambia 50 000 metric tonnes of maize for Admarc to purchase,” said Banda.
“In cross examination, most if the witnesses agreed that there was nothing wrong with a trader going to Admarc to look for business. If pursuing someone to offer a contract is an offence, how are we going to do business in the country? I am of the view that the state has failed to make out a prima facie case,” he said.
Banda said it should also be observed that at the time Transglobe’s officials went to Admarc to offer maize, the spokesperson for the company was Salim Tayub and not Rashid.
And on the second occasion, Banda said Rashid was not present.
“So when did he persuade Mr Mulumbe to offer a contract? The State has failed to make out a case,” he said.
Another defense lawyer Lusungu Gondwe said there was no case worth it’s salt.
“This is a case which found its way in this court because of overzealous prosecution,” he said.
Zomba chief resident magistrate Paul Chiotcha adjourned the corruption-related case to Friday April 27 for the State to make its oral submissions.
The chief resident magistrate will make his determination on May 18 2018 on owhether the two habe a case to answer or not.
Chaponda was fired from Cabinet on February 22 2017 following public pressure after the ACB instituted investigations on allegations of his involvement in the K26 billion maize import deal from Zambia, popularly known as maizegate.
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Its only fair that the judge grants them their wish otherwise ACB has disapointed
Ngati makhothi adamasula chigawenga chotchedwa Raph Kasambara ndiye mukanene Hon. Chaponda.Its clear he will win this case.
Finally justice has taken its course. God bless Chaponda and pay him back for he suffered for nothing. The only crime he committed was being close to APM and a lot of his fellow DPP gurus including Chilima and Nankhumwa thought he was being groomed for the presidency. Now that they know Mutharika himself is standing they have no reason to continue fighting Chaponda.
This is not surprising at all.ACB Has no concrete evidence against George Chaponda.Thats why mpaka lero palibe chomwe chikuchitika.They are just delaying for no reason! can you believe ACB Lawyer last week they asked the judge to adjorn chifukwa amapita ku xul? yet it was them who said they wanted that particular day. Very soon he will have his freedom back! Congratulations GT!
Ziliko ku Malawi…. Shameless greedy people. Kodi ndalama za ma pensioneer zija anayamba kutapa pano? Kuli zii… Next thing timva kuti it was used for disaster preparation. Fotseki. No more tax from me.
MMENE INUYO MUKUZIONELA SIMMENE KHOTHI LINGAZIONELE NDIYE PEPANI KUTI ZAKUYIPILANI MAWA TIDZALOLA KUTI MUDZAGAMULE NDINU KUTI ZIDZAKUKOMELENI, KKKK KWA NONSE OLILA TINGOTI PEPANI KKKKK
If we are serious about our nation, can we have a report tabled in Parliament by the minister of energy on the status of the generator contract in our land and how/who agreed to the terms? Is it assisting the nation?
I see no effort to find alternative means of generating power. Just over in Zimbabwe, you read of so many power generation initiatives, like one for 100 MW solar being undertaken by Chinese engineering giant CHiNT Electrics Gwanda solar farm.
I have no clue what we are doing.
Let us be serious about our nation.
Chaponda acquittal?! This then is a genuine reason for call to a mass protest. And it is only imperative to call on the citizenry to stop paying taxes until a genuine government is in place again.
agree
OK. Tamva. But can the defence explain how Tayub accesed the 50,000Mt of maize contract out of the 100,000Mt which ADMARC Signed with ZCF of ZAMBIA. Who Authorised the split from the Malawi side.
Billy Chelewani, you are right but forget APM replacing Chaponda. The hope for DPP leadership continuity lies in this corrupt man unfortunately!!!!!! This is the signs and nonverbal signs we are getting from DPP.
God knows the truth about the whole saga! People might hide the evidence to mislead the public!!!!!!!!
Should these thieves go scort-free, surely Malawi will send a very bad message to our developing partners the world over.
There’s ABSOLUTELY no doubt that in this case there’s OVERWHELMING CIRCUMSTANTIAL EVIDENCE. Even to a lay person in law the evidence is NOT ONLY prosecutable but also incriminating. If a defendant LIES in court everything else presented in court by him should not trusted. He is UNRELIABLE. SIMPLE.
But while we are proud of our independent judiciary in Malawi obviously there are some well-known judges /legal practitioners whose reputation is rotten and are corrupt to the core. They have no sense of professionalism and their integrity has been thrown to the dogs.
SHAME on DISGRACED Judges!!!
If I were President Prof Arthur Peter Mutharika I would kindly replace the VP South with another person. I do not want to comment on matters that are before the courts but if the powers that be within the mighty DPP should find out from the grassroot level there is growing perception that the VP south put his hands into the forbidden jar.Maintain the VP south at your own peril.
President Prof. Arthur Peter Mutharika being a lawyer himself knows fully well that there is no case for Chaponda to answer and that’s why he even was reluctant to fire him as agriculture minister.Whenever you hear a person saying Chaponda should step down as veep south or chaponda is misleading the president, just know that it is Kondwani Nankhumwa ( who wants power but elimination method) and Saulos Chilima who has always thought Chaponda will stand as DPP Presidential candidate speaking.Mutharika knows that with the lies malawians were fed, Chaponda looks like a liability but his conscious cannot let him drop Chaponda because he knows it was Chilima at play all along and now he wants the presidency through backdoor as evidenced by his silence.
Chaponda has demonstrated to be very patient, mature and a high calibre lawyer but not commenting much on these issues since they started. He knew was winning even though the media which cooked up the story in the first place was biased in their reporting of the court proceedings. An example could be where Times Group deliberately decided to be quoting Chaponda’s Fake Facebook account which was posting arrogant statements when he went to Germany and also the time they said Dausi faulted Chaponda and that was confused contrary to what he said in court.
ACB yathu ndiyopusa period! You don’t start a big issue like this one without proper basis. They relied on George Chaponda’s public perception and unfortunately a lot us were wrong! Stepping aside or firing him as agriculture minister was enough but not arresting him. Malawi government will pay him
Ndiozosachitanso kubisa kuti Chaponda anawina nkhani ya chimangayi.Anthu ankafuna kumuonongera mbiri nkuluyu kuti amuphumitse u president. I don’t know about you but I believe Chilima had a hand in Chaponda’s downfall.
Anthu aku DPP Kwaoko anangodana ndi Chaponda chifukwa ankaona ngati Peter Mutharika amusiyila u president 2019.Koma kunena chilungamo panalibepo nkhani yoti mpakana munthu nkumangidwira.
It goes without saying that Chaponda has no case to answer. We just got excited with people like Kamlepo Kalua , Chidanti Malunga and his friends who knew he was innocent from the start but wanted to travel to Zambia and get money in form parliamentary committee allowances.
This is not coming as a surprise. From the word go anyone who looked at the issue objectively could see that it was politics at play and this Chaponda guy has no case to answer.
The George Chaponda I know and the one I read about in media are totally different.You might know this but the George Chaponda I worked with at the ministry of education during the Bingu Era is very strict, committed to work and disciplined.
This is timely .If you have been following the proceedings ACB kuchulutsa ma excuse ever since the case started. This is only fair to the accused, otherwise George Chaponda and probably his family suffered public humiliation for nothing.
ANTHU ANAYESETSA KUIPITSA MBILI YA CHAPONDA KOMA MULUNGU SI MUNTHU.EVERYTIME YOU CURSE HIM OUT THE MORE HE BLESSES HIM.PHUNZIRO LATHU LA LERO: KUWELUZA NDI KWA MWINI WAKE JEHOVA.AMEN
Chaponda has no case to answer. ACB is embarrassing itself because they relied much on Chaponda’s public perception koma paokha anakanika kupeza umboni okwanira against him. How I wish mbuzi yotchedwa Kondowe was still ku ACB kuti aone kuti dyera limaonga ntchito.He was used by DPP enemies pano ali kuti???
Ndizosadabwitsa! Mkuluyu palibe chomwe adalakwa.Anthu anangofuna kumuonongera mbiri chifukwa ankaona ngati akhala president in 2019.Mission accomplished koma anangomuonongera mbiri pachabe.
Many Malawians particularly the elite are not happy with the development. But let us not forget that we are a nation governed by laws and not personal emotions displayed on social media, through MCP owned Times Group or overemotional George Kasakula. Facts are important in every case. Malawi government did not lose any single tambala from actions of the former agriculture minister. If you have been following the case you can agree with me that this timely and not only will George Chaponda win the case but also get compensation from Times Group for defamation.
I love how everybody was castigating Hon. George Chaponda on facebook when the maizegate issues came out and now that the truth is slowly coming out anthu ayamba kupinda michira.