ACB revives MHC houses scam case
The Anti-Corruption Bureau (ACB) has revived a case in which the Blantyre Magistrate’s Court in March this year discharged former Malawi Housing Corporation (MHC) general manager Golden Matiya and former assistant general manager Floyd Mondiwa.
The two were discharged after ACB failed to secure consent from former Director of Public Prosecutions (DPP) Rosemary Kanyuka to prosecute them following their arrest in October 2011 for offences bordering on abuse of office after they allegedly purchased MHC houses at below market value.
Following the revival of the case by the ACB, the two appeared before Blantyre chief resident magistrate Thomson Ligowe for the start of the trial, but their lawyers objected to the trial, arguing the charges the two were facing were unconstitutional.
The two were initially charged with abuse of public office under Section 25 (b) (1) as read together with Section 25 (b) (3) of the Corrupt Practices Act (CPA).
Filing the application to object the charges, lawyer representing Matiya, Lusungu Gondwe, and Mondiwa’s lawyer, Chancy Gondwe, jointly argued the charges were unconstitutional as they were incapable of being used within the current constitutional order as they violate the right of the accused person under Section 42 (2) paragraph (f) (iii) of the Constitution.
This Section reads: “Every person who is detained, including every sentenced prisoner, shall have the right to be presumed innocent and to remain silent during plea proceedings or trial and not to testify during trial.”
Section 25B (3) of the CPA puts burden on the accused to prove their innocence, therefore, violating Section 42 (2) paragraph (f) (iii) of the Constitution.
Representing the ACB, lawyer David Bandawe did not object to the application and he complied by amending the charges.
Under the new charges, the ACB has charged the two with abuse of office under Section 25 (b) (1) of the CPA and non-disclosure of interest by public officer sunder Section 25 (d) (2) of the CPA.
Matiya and Mondiwa, after the charges were read out to them, pleaded not guilty.
Ligowe adjourned the case to July 30 this year for commencement of trial.
Under the Bingu wa Mutharika administration which ended following his death on April 5 2012, the ACB cleared former Cabinet ministers, including Peter Mutharika, a brother to the late president and currently leading the Democratic Progressive Party (DPP), and current Minister of Mining John Bande.
MHC was reported to have lost K105 million (about $262 500) in the transactions.
