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New twist in the Bingu estate case

Malawi High Court in Blantyre has allowed Estate Duty Commissioners to move for contempt of court charges against administrators and lawyers of the estate of former president the late Bingu wa Mutharika.

Private practice lawyer Kalekeni Kaphale, who alongside fellow lawyer James Tomoka, is lawyer and administrator of the estate, said in an interview on Sunday that he was aware of the court’s decision only that he was delayed.

Kaphale: I am aware but was delayed
Kaphale: I am aware but was delayed

In his order issued on April 29 2014, High Court judge Dunstain Mwaungulu said: “Upon hearing counsel for the applicant and upon reading the affidavit of Lusungu Vulula Gondwe sworn and filed herein; it is ordered as follows: that leave to move for contempt of court be and is hereby granted; that the applicants do file a motion for an order for committal of the alleged contemnors in accordance with Order 52 rule 3 sub-rule 1 of the Rules of the Supreme Court within seven days from the date of this order;

“That the applicants do cause the motion for committal to be entered for hearing within 14 days from the date of hereof in accordance with Order 52 rule 3 sub-rule 2 of the Rules of the Supreme Court a motion for committal of alleged contemnors.”

After Mutharika’s death on April 5 2012, his estate, whose valuation by Yeremia Chihana’s YMW Property Investment Limited is K61 billion, was being managed by his daughters, Duwa and Tapiwa.

But due to apparent disagreements between Mutharika’s daughters and his former widow, Callista, an agreement was reached which saw lawyers Kaphale and Tomoka appointed as administrators.

Gondwe: What remains is to obtain date of hearing
Gondwe: What remains is to obtain date of hearing

The estate’s value, from which government demanded K5 billion as estate duty, was, however, disputed and the court gave the new administrators 30 days to re-evaluate it. However, time elapsed without the new evaluation.

Gondwe, lawyer representing Estate Duty Commissioners and YMW Property Investments, said in an interview on Sunday that what remains is to obtain a date for hearing when the court will be moved to commit Messrs Kaphale and Tomoka to prison for contempt of court.

However, in an interview on Sunday, Kaphale said he was aware of the court’s order and pointed out that he was delayed to move things within the given period.

He said: “We needed to find out which bank accounts or land belonged to Bingu because there were others that belong to Silver Grey Foundation, Ethel Mutharika Foundation and others. We wrote the banks, but time was too short to get a response from all of them.”

Kaphale said the administrators have now started complying by filing some of the information needed.

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