cashgate trials hit wall
Despite promising to prosecute 14 cashgate related cases in the past two weeks, government says it has only managed to take two to court due to logistical problems.
Director of Public Prosecutions (DPP) Bruno Kalemba admitted in an e-mail response on Wednesday that he has lost control of his plan to try seven cases a week from January 27 2014, having taken two in the first week and none in the week just ended. The two cases taken to court represent a 14 percent success rate.
One of the two cases involves Caroline Savala, who is accused of siphoning about K87 million (US$208 133) of public money through alleged dubious contracts that never supplied anything to government.
Savala’s case was adjourned because her lawyer, Ralphael Kasambara, could not appear before the court.
Kasambara was on that particular day fighting for bail in another court in a case government is accusing him of fraud and money laundering.
Next to appear before the magistrate court was a case involving chief tourism officer in the Ministry of Tourism, Leonard Kalonga, who has been charged with eight counts of theft of millions of government money.
Kalonga’s case was adjourned after his lawyer, Joseph Kamkwasi, requested that all cases against his client should be consolidated.
In the e-mail interview, Kalemba said the logistical issues were technical rather than procedural.
“For week beginning February 3, the plan was to roll-out three cases on Monday then three more on Thursday. However, like all plans, much as we would want them to run seamlessly, there are times when they don’t,” said Kalemba.
“In this case, logistical reasons that are neither legal and have nothing to do with our readiness to start the cases have delayed the roll-out. And like all plans, contingency plans are in place to ensure that we are able to try as many cases as possible,” he said.
Financial constraints could be one of the serious logistical hiccups given that a cashgate trial task force comprising the Judiciary, DPP, Anti-Corruption Bureau (ACB) and other players asked for K170 million (US$406 698) for the processing of the more than 100 cases.
Among other things, the money was supposed to be spent on investigations, moving judges from various regions to Lilongwe and to secure other venues for holding cases as part of a broader strategy to speed up the cases.
But of the proposed budget, Treasury has only released K65 million (US$155 502).
Apart from funding problems, it also seems that the State has not given the Judiciary a clear programme for which it can schedule the cases and move judges to Lilongwe as initially planned to help speed up the trials.
Chigona said with only two cases brought to court for trial, coupled with indications that only five more would follow, the current number of judges in Lilongwe is sufficient; hence, no need to move more to the capital city.
He said with such numbers of cases ready for trial, it would not be economical to send more judges to Lilongwe.
“As Judiciary, we are ready to move judges to Lilongwe. We are waiting for the DPP to give us the full list of cases that are ready so that we can determine how many judges to send to Lilongwe,” he said.
Chigona also said the Judiciary has not yet come up with a budget for the trials in Lilongwe as it would only do so once they have the whole list of the cases that would be tried.
“Our programmes depend on the availability of the list of the cases that are ready for trial otherwise we are ready,” he said.
Chigona added that the Judiciary has identified one place in Lilongwe that it intends to turn into a court, but said he could not disclose the exact location.
On her part, ACB spokesperson Egrita Ndala said in an e-mail response on Friday: “The bureau is still in discussions with the Judiciary and the Director of Public Prosecutions on final arrangement before full implementation of the proposals.”
Asked for his comment on the failure to take cases to court as planned, Justice Minister Fahad Assani said in a separate interview on Thursday that the DPP is in a better position to explain why the prosecution has missed the target.
“We would also be interested to know what is delaying the cases. There is nothing much that I can say,” he said.
Various stakeholders, including donors, have pushed for speedy prosecutions within the framework of the action plan on cashgate.
The action plan’s effective implementation, analysts say, could be a major determining factor in the restoration of suspended budget support that accounts for roughly 40 percent of government’s total annual expenditure and is the second most important source of foreign currency after tobacco.
But on Thursday, the United Kingdom (UK)—one of the country’s largest bilateral donors—projected a sympathetic tone that could be music to Capital Hill.
“The UK is following the progress of the prosecutions closely. However, these are complex issues and it is vital that the authorities are given sufficient time to prepare strong cases, which will stand up in court. This may lead to delays in the original timings and we should be prepared to accept this if this leads to better quality cases and more successful prosecutions,” said head of UK’s Department for International Development (DfID), Sarah Sanyahumbi, in an e-mail response.
Asked if her call for patience means that London has softened its budget support stance, Sanyahumbi said the UK’s position remains intact.
“We have said right from the start that fully addressing cashgate and rebuilding confidence will take time and our opinion on that has not changed. We do not expect any quick fixes, but hope for a prolonged determination from government to stay the course and follow through what it has so commendably started,” she said.
Meanwhile, Sanyahumbi said the forensic audit report—which the UK is financing—is due to be submitted to the Malawi authorities next week.
She said this document would also help the State “given that it will provide evidence that should lead to prosecutions”.
Sanyahumbi, however, noted that some details of the report may understandably need to be protected since it will be used for legal processes.
“But we welcome the government’s commitment to publicly avail the main body of the report. We are also providing additional investigative capacity to the authorities to help with the ongoing investigations. However, ultimately the responsibility for the preparation and presentation of cases remains with the Malawian authorities,” she said.
JB simply wants to run out the clock until May 20. In the meantime, she will claim in front of the whole world that “some evil people are saying I am moving too quickly with cashgate prosecutions. They’re even threatening me. But I’ll not be deterred until everyone involved with cashgate is in jail, even if by doing so I’ll lose the elections. Blah! Blah!”
Unfortunately for JB, she’s cried wolf too many times. The donors ain’t buying this shit no more.
I am so happy that I have convinced my mother never to vote for Joyce Banda. I knw kuti vote ndimu mtima but I am double sure kuti I helped open her eyes and see through this evil woman who is destroying our country at will. No vote for Mrs Scandal from my mother now!
Shame to the DPP and min of justice, zayambapo, buying time mukuyesa mayi anuwo awina, nonse muzakalowa ku maula, paja kulibe mwini mukafunse Peter, Kaliati, Godall, Cassim, Ralph ndi ena aja.
Za manyi basi. This is real shit! Kalemba is an inept person and PP syncopath. There has never been a time when foolishness and corruption of a leader has destroyed the country as now. This evil women should rot in jail for every soul that has died due to lack of drugs, insecurity and hunger due to her rotten deeds and those of her thugs.
We knew of this. The Government and the leadership are just buying time. Only if our Parliament, opposition, clergy and civil society can give pressure on this. Failing which nothing will move.
where was the looting took place? capital hill.. who was authorising these payments? capital hill personnel…who is controlling investigations? Capital hill…who is supposed to be investigated? Capital hill….who does the ACB ,DPP accountable to ?Capital hill…who stopped police cash gate investigations and set a dubious parallel investigative unit under Bophani? Capital hill……anyone who thinks anything tangible will come out of this is insane!!
I am telling you, GB and other donor countries, do not give any more money to this pilfering, profligate government until we see that these cases are being prosecuted, and professionally. Boy, if I was one of the leading lawyers in this, I would be keeping away from the water coolers, or the drinking places out of embarrassment. These lawyers are failing even with the planning? Where is their mettle? What with the prosecutions themselves, if and when they come to reality? All that cheering, and cheerleading was just hot air? But you know what, I am not surprised, considering that these lawyers are getting their instructions from the political “leaders”. I think keeping these cases in the media during the elections will just turn more people away from the (accidentally) governing PP. Now, it’s time for me to ramp up my efforts and convince my whole village, and the adjacent villages, NOT to vote for the Joisi Banda and her fellow thieves.
Pathetic Malawi, when a high profile somebody is sick, Malawi has no doctor and hospital. High profile case, Malawi has no lawyer and court for a simple winnable case.
A president herself with a very big head to contain enough brain reason but still she hired an expensive Tony the Liar with a tiny head to think on her behalf
Tony brought economic and political chaos in Zimbabwe and twisted information. As a result faint minded people look at Mugabe as a villain. Bob is not a pushover which western capitalist do not like.
we were made to believe Malawi is not ready for economic independence after 50years. Mugabe silently initiated it and the West is trying so hard to choke it dead so that their whites have booming business in Africa. There’s merciless evil white people. They like you if they can gain somrthing
People should have answers why Joyce is a beloved of whites.