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Fisd directors’ case adjourned to Jan 11

Lilongwe Senior Resident Magistrate’s Court on Tuesday adjourned to January 11 2022 hearing of a case against four directors of wholly Malawian-owned Fisd Limited accused of getting double payment for work.

Senior resident magistrate Florence Msekandiana adjourned the case after the State, which is prosecuting the case, paraded its second witness, Sustainable Rural Water, Sanitation Infrastructure for Improved Health and Livelihood project coordinator Kondwani Msowoya.

One of the defence lawyers: Kita

In his testimony, Msowoya told the court that the contractor was paid twice for a single job, but ruled out any criminal intentions.

“When we noted the error, we wrote the contractor about it and the contractor acknowledged receipt of the double payment and committed to pay back. So, personally I didn’t think there was any criminal intention,” he said.

On Monday, the State paraded Moses Mwakilama from the same project as the first witness.

During his cross-examination on Monday, one of the defence lawyers Wapona Kita, objected to the witness’ reference of documents from the African Development Bank (AfDB), project financiers, saying the State should bring a witness from the bank to give their side of the story.

He said as far as the defence is concerned, the alleged double payment was just an error which was sorted out, as such, does not warrant any criminal proceedings.

Kita questioned the State for classifying the case as fraud when Fisd Limited clearly communicated to AfDB notifying them of the double payment with a suggestion to have the same deducted from their eventual payment.

In an interview after Monday’s adjournment, Ministry of Justice senior State advocate Pirirani Masanjala said bringing the AfDB into the case may be difficult, but they will look at the law and decide what should happen next.

“The witness for AfDB has to come from Abidjan [in Ivory Coast] and that maybe a bit difficult. We will see what we can do and see the way out when the matter comes. We will make a decision. we intend to parade one more witness because, look we have taken almost five hours on one witness,” he said.

Masanjala indicated that the State will parade about seven witnesses.

The four Fisd directors—Moses Chirambo, 40, from M’doni Village , Traditional Authority (T/A) Chikulamayembe in Rumphi, Frank Mwenechanya, 40, from Mwakaboko Village , T/A Kilipula in Karonga, Kondwani Namchukwa, 40, from Njilika Village, T/A Kapeni in Blantyre and Arthur Mpama, 35, from Sosola Village, T/A Msamala in Balaka—were arrested alongside Daudi Kaunda, an accountant from Ministry of Agriculture.

Particulars of the case, as presented in court, show that the four directors allegedly received $325 731 payment from the Ministry of Agriculture despite getting a payment for the same from AfDB, government’s partner in the project they were contracted to undertake.

The ministry had awarded the company a K2.4 billion contract to construct, rehabilitate and expand gravity-fed water supply systems in Ntcheu District.

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