No jail sentence likely for Malawi ‘Cashgate’ convict

September 19, 2014 Green Muheya-Nyasa Times 75 Comments

Top tourism ministry official Treza Namathanga  Senzani who is the first convict in the so-called “Cashgate” scandal that led to the suspension of foreign aid and helped push a government from power is likely going to escape custodial sentence and the state wants in turn to use her as prosecution witness, Nyasa Times understands.

Senzani pleaded guilty to stealing around $150,000 (63 million kwacha) from state coffers, part of a broader swindle worth at least $30 million.

She was convicted  on her own guilty plea and will be sentenced on October 2 by Justice Ivy Kamanga .

Namathana Senzani: First cashgate convict likely to escape prison sentence
Namathana Senzani: First cashgate convict likely to escape prison sentence

But Nyasa Times understands that her  swift guilty plea has been a “ bargain” for non custodial sentence. She is likely going to get a  suspended jail term.

“Malawians have not lost because my client paid back the MK 63.5 million stolen money in full. Of course there has been the consequence of withdrawal of donor aid and loss of donor aid but donor confidence won’t be regained by sending Cashgate convicts to jail. Sending her to jail will not bring back drugs in the hospitals” Senzani’s attorney Necton Mhura, who is also law lecturer at Uniersity of Malawi,  told the court.

Human rights activist Billy Mayaya opined on social media on Mhura’s submission as “.jurisprudence and legal Rreasoning for the birds. And meanwhile on the other side, people continue to be convicted for stealing chickens.”

The state plans to use Senzani as a prosecution witness in other Cashgate cases.

Senzani was arrested last year after a probe found she issued two government cheques to her own company even though it did not provide any services.

She was one of dozens of civil servants charged with money laundering and theft.

A report by British auditors commissioned by former president Joyce Banda showed that at least $30 million had been stolen from the government over a six-month period last year. There is also another audit report which was submitted to parliament indicating that about K92 billion was looted since 2005 during the DPP-led government.

The scandal had prompted foreign donors — who provide around 40 percent of Malawi’s budget — to pull the plug on aid of around $150 million .

The Cashgate scheme is the biggest financial scandal in Malawi’s history.

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75 replies on “No jail sentence likely for Malawi ‘Cashgate’ convict”

  1. Although the convict has restored the stolen money,the damage to the country is huge such as the donors withdrawing aid which has affected malawi negatively. she deserves a meaningful sharp jail term. This was done with a former world chief executive who had stolen huge moneys and sent to life imprisonment.

  3. In 1992 maybe i should say nthawi ya Kamuzu for referendum to take place, it was influenced by students from university followed by those in secondary schools. Where are university students nowadays? Whtz their role?

  4. lets not hide any wrd here….these animals in de current govnt are also part en parcel ov de whole scarm dats y dey r not certain ov who shud be arrested/jailed

  6. Ralph kupha munthu a b d kuombera munthu, kusunfa mk5b ali pa den. Wina kugwidwa ku mudi kwa Chilima 3 days ali mundende..
    Mzimai Senzani kuba k560m kubweza k63m ali free…koma inu dziko lalowe chisawawa ili

  7. Kodi Treza Zezani ndi ndani? Mlomwe. Ndipo ndi m’bale wake wa Hon Kachikho.
    Izi zizingapangike kwa munthu wamba.

  11. Aliyense akayankha machimo ake payekha.Sikuti ochimwa padziko pano ndi amayi okhawa or those who are involved in cashgate scandal.You also have your own sins which you will answer before God if you don’t repent.

  12. ezizanyanya anthu ndi kunena ndi maroya majaji ndinu anthu oipa ngati kurichilango chikayambila kwaenu!!akakhala osauka chigamulo sichichedwa.potimunaba njinga!!!!! zaka (4)koma olemela.zo….. kom,masiya pa bell!!!

  13. Inu anthu opusa you are just sleeping. Government money is there to be stolen ndipo ife we busy sharing the loot while you clueless stupid nyasas are busy wishing us bad. Ine I have seen my fellow civil servants buy 5 houses each costing more than MK60,000,000. Let us all steal otherwise mutual pa tauni panoramic.

  14. the lae practice leaves slot to be adnired.
    s dimplr trsffiv case takes 3yrs mpaka eogundidwayo kumspita kumowando.then the police prosector fabricates lies supppoetrd by the cputyd etc… tiksyamba tims gang or hit squads muzit nfi aha oluza election…. hry letd Re-examing our moral values again…

  15. She was represented with Attorney General, Kalekeni Kaphale b4 he became the Attorn-ey General, so its the boys of the AG who told her to admit easily and return the money with the advice from the AG himself. Its going to be the same with Osward Lutepo becoz the same big man represent him. Corruption at its best!

  19. osaukafe malipiro athu ali kumwamba basi,chilungamo chathu adzatipatse ndi Yehova mwini zonse.do whatever you want,remember we are all equal before God and his judgement is final.

  20. Thats ridiculous, people stealing chickens, goats, maize are being convicted and this one here after stealing millions basi ali free to go home. Mayi ine msonkho wanga ukupita pachabe

  22. u guys u are not seriours ndi kulakalaka kunyoza, a malawi tiyeni timange chimozi, mademo basi olo tife chifukwa tikuwona kale palibe chatu pa nyasaland. Mpakedi a tumbuka akufuna dziko lawo lokha chifukwa cha zonyasazi zikuchitika.

  23. This is a tactical move. Senzani wil. Be a state witness against mphwiyo and kandoje who. Initiated and operated cashgate.
    Donors want mphwiyo. And kandoje

    1. But mphwiyo, the man behind the cashgate scandal is a state witness already. The shooting fooled the state and us all that he was the innocent victim when in fact he was the main thief!!! One state witness against another state witness? Really? What a shamble?

      The thieving state witnesses should all be punished if found guilty and return all the money or assets they stole if the state can find these stolen assets or money or the proceeds of crime.

  24. I have just been reminded with the song of SOLDIER LUCIUS BANDA dziko lapansi likomera opata . Iwe ndi ine kwathu nkulira . Munthu wachuma ngakhale aphe munthu mboni zake ndi khobili lili mthumba lake . Anthuwa ali ndi njira zawo.

  25. Is it that lawyers are more powerful than judges in the court of law? But, if judges receive bribes then u r far richer ‘wa MRA, Traffic ndi ana

  26. When i reflect deeply,i think all cashgaters should be asked to give back what they stole. I find it disturbing that while we crying for the money on the other hand,someone is officially plundering. I hear 400 million has been blown by our official tourists in USA. Why a delegation of 68. this Pied Piper way of doing things makes cashgaters as paphysa tong’ola innocence.

    1. The 400 milliom Kwacha spending by Muthalika and company from Lomwe belt is cashgate in another form. These people are clever. They steal through trips and nobody will ever audit them because the trips were authorised. Donors will not come back because of such an irresponsible government. DPP is DPP the same things which happened during Bingu era are also happening now. I wonder if all those who voted these crooks are benefitting also.

  28. in other words if I steal 300 and only 100 is what was discovered as stolen money then am home and dry with my mansions with 200 as change, Malawi justice system is the best ever. Waiting to hear judgement…lol

  29. Koma guys mmandiwaza. I’ve ka loan kak800000 mpaka bank kumayimba phone kuopseza. Ena kubweza k63m mkumapita kunyumba. Wina kumpha munthu mpaka kumakagona pa deni ali pa bail. Koma eeeeee.

  34. Very clever tacticics by DPP. Keep Lomwes, Chewas and Yaos preoccupied with aTumbuka issues while we do our money thing. Ndiye enanu, bakhalani pa Nyasaties kudikilira next article yoti munyoze a Tumbuka pamene abale anu ali busy kukonza zawo.

  35. Ngati samangidwa ndiphulitsa chonunkha,ndipo judge mayendedwe ake avuta.Ndanena ndanena palibe woti nyoo!!!Anthu akuba ndakwiya nanu

  38. Kalekeni Kamphale was a Lawyer for that lady and now is Attony General and his friend who bought his film is defending this lady. Who is fooling who?

  39. this word cashgate ofunika kuyimasulira bwinobwino, akuba okuba ndalama zathu zoyendesera ziko lathu, wer do these piple belong? boma linapanga kale malo osungira akuba even okuba tomato

  40. Senzani built her obscene mansion at Bunda turn-off while Bingu was still alive. ACB has not seen it fit to investigate how as a civil servant she financed such a building which could easily be worth MWK300 million or more. She is Anna Kachikho’s sister, and her defence lawyer was Bingu Deputy Chief Secretary. And no one seems to see all this?

    Those people who maintain that cashgate is a JB creation are living in dreamland. Cashgate started with DPP – JB just continued from where Bingu and the APM’s left off. Sooner rather later the truth is going to come out…

  42. Another mulhakho being cleared. She is a sister to dpp bigwig Anna namathanga kachikho.
    Kalekeni. Kaphale is clearing all his clients. Next to be cleared is oswald lutepo

  43. This is an outrage! This woman MUST do time. The case is about the crime she committed, not the restitution. Afterall, she only repaid because she got caught.

  45. why no jail for this thief has interest been culculated on Bank rate. There is need for private Auditors to go round all Government Depts. Start with Judiciary you will recover millions gone into Peoples pockets. Government Auditors too much scones in their mounth.

  49. What a f*** is going on here?someone steals a goat tomorrow,they will be given a four year sentence.Empty tins at work!Have you forgotten Mphwiyo days?You can meet several prominent people,but Malawi still remains power.A stinking swarg!

  50. Scandalous and forget about donors helping us with the budget!!!!
    You might as well stop this cashgate case and let all cashgate thieves free. Ralph already reminded us about this!!!

  52. No problem. all thieves shall be free once caught, so long as they quickly plead guilty once caught and surrender he remnants of the spoil to be shared between he Executive and the Judiciary. So mbava nonse, follow the same trend. Donors will come back. Do not worry, Malawi

  54. Musatipusitse apa faken mukusaka njira yopulumusana nayo.apa palibe yemwe amangidwe coz nonse ndi mbava.zikutiwawatu ife.akanapanda kugwidwa bwa?akanabweza galuyu?mbolezanu

  56. No, she should be locked up and throw away the keys. Let the thief keep the money…BUT serve her sentence. Sabwe zikawalume ku Maulako, iwo amabela chani? Chi 63 Million chonsecho? LIFE IMPRISONMENT basi!

    Signature Tune: Inuyo mayiye eeeh, cashgate inali kale eeeh, mayiyye mawa kundende eeeh..

    Virginity is about dignity NOT lack of opportunities…..kumazigwira in times of temptations!

  58. Rubbish, robbers get convicted even if the cops recover what they stolnde. The FACT that she stole millions for that matter is an offence and punishable by jail sentence. What rubbish precedence are we setting. FACT is she comes from Mulanje, Thyolo area and that is why she will walk free: smell; CRRUPTION!

  61. Thats Malawi for you. Murderers and Thieves have more rights that the rest of us. I said it here and i will say it again no one among the cash gaters will face jail. These are beloved devils -lucifers sons and daughters and have already made enough blood sacrifices. Do you think all these fatal accidents are happening for nothing?

    It is a syndicate of lawyers ,judges ,doctors ,gays ,preachers and the list goes on and on.-ask Ali kaka he is free of murder case can attest to this

  62. SO ITS TRUE PROSECUTORS & INVESTIGATORS IN MALAWI ARE TOO DULL. CANT BUILD A CONVICTABLE CASE. THEY WAIT FOR CONVICTS TO HELP THEM. AFTER ALL ,LIKE THE DEFENCE ATTONEY SAID; CSENDING HER TO PRISON WILL NOT BRING DRUGS IN OUR HOSPITALS. THATS TRUE SINCE WHEN YOU BECOME SICK YOU GO TO PRIVATE HOSPITALS. DONT WORRY WITH US GOD DOES TAKE CARE OF US. WE SLEEP ON THE FLOOR & A ROCK IS OUR PILLOW. GO ON SHARING OUR PORTION, THE GOD WILL MAKE IT AVAILABLE TO US SOME WAY

  63. What about the other hundreds of millions she stole? Dig deeper, come on you can’t tell us this was her first time.

    I don’t know how I feel. Nkhani za ku Malawi kuno zopweteketsa mutu.

  65. Leave her scot free we will deal with her amicably. Do not ask why we have taken the law into our hands. Shit. Tidzamunyenyanyenya. Sikale just dare pass your Judgement like that. Such people require smoking them out of the society.

  66. Atleast she returned the stolen money and what about the others who stole them money you just leave them don’t forget Donors are watching they wont lease the Aid soon you better catch all the Cashgaters.

  67. Muzingogawana ndalamazo musamatinyase,u know the truth but mukugwila amene anangogailidwa mbava zenizeni(BIG FISH)Mukuzizemba,kaya nanuso mukuopa kuyaluka.

  68. Mai wa mwai ngati uyu kulibenso. The state wants to use her as witness, meaning as a convict she can not be used? Mbamva zizanga tiyeni tizikaba ku capital hill osati nkhuku ayi. If found, just plead guilty quickly!

    1. Even God pardons yr mistakes when u quickly acknowledge, confess and repent. Frm beginning she pleaded guilty and gave back the money, cant the state and all of us be lenient? Would it not encourage others to do the same? What is better they keep the money and go to jail or pay back the money? They hv already been humiliated. Tiyeni timve chisoni.

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