Former presidential aide Chris Chaima-Banda told National Oil Company of Malawi (Nocma) deputy chief executive officer Helen Buluma that President Lazarus Chakwera had vested interest in one of the suppliers, an audio played in court revealed.
In the recording of the conversation between Buluma and Chaima-Banda played in the Chief Resident Magistrate’s Court in Lilongwe yesterday, the former presidential aide is quoted as having said that the President had settled for a company called Finergy to be one of the suppliers of fuel to Nocma.
The court learnt that the recording was done in Chaima-Banda’s office on the sixth floor of Kang’ombe Building at City Centre in Lilongwe.
The audio was played following a ruling earlier yesterday by newly-appointed High Court of Malawi Judge Patrick Chirwa, who is hearing the matter wearing his old hat as chief resident magistrate.
In the ruling, the magistrate said the recordings can be played as part of evidence since the right to privacy is not absolute as it is limited, reasonable and necessary in an open and democratic society.
Chaima-Banda claimed in the audio that Chakwera had vested interest in the fuel deals because he wanted to ensure that Malawians benefitted from the contracts through corporate social responsibility.
He is quoted in the recording: “The President wants to wedge a war against a cartel that is involved in fuel business, those people looking for money will fail because we are looking for corporate social responsibility.
“I am the link and I am acting on behalf of the President while [Alliance for Democracy president] Enock Chihana is involved because he is deeply trusted by the President.”
During the 52-minute conversation, Chaima-Banda and Buluma are heard discussing things such as volumes of fuel to be awarded to Finergy which was put at 40 000 metric tonnes (MT), the best arrangement to be used between ex-tank and delivered duty unpaid (DDU) and Buluma informed the presidential aide that based on her experience, DDU was the best choice.
Chaima-Banda also indicated that the President was up-to-date with the unfolding events.
On her part, Buluma kept referring to the names of Chihana and then minister of Energy Newton Kambala for Chaima-Banda to reaffirm that the trio were working together.
Later in the afternoon, the court heard another recording between Buluma and Kambala which ended abruptly after some seven minutes. She said her phone stopped recording while she was doing the secret recording.
Buluma, however, informed the court that the part which she failed to record allegedly contained offers of money amounting to $500 000 from the former minister if she agreed to award a contract to a company called Orxy.
She said: “I was being told to work with my suspended CEO Gift Dulla in the request being made in terms of selection of suppliers and that I will be rewarded.”
Both recordings were tendered as part of the State’s evidence.
The defence team also asked for more time to prepare for cross-examination, but Chirwa refused to grant them their wish.
In the case, Kambala, Chaima-Banda and Chihana are accused of trying to influence a public officer in the procurement of fuel contrary to provisions of the Corrupt Practices Act.
Last September, the Anti-Corruption Bureau formally interviewed and recorded a statement from Chakwera in relation to the fuel import deals.
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