Rédaction Africa Links 24 with Jarson Malowa
Published on 2024-04-11 06:46:58
The High Court sitting as a Constitutional Court in Zomba recently dismissed claims by businessman Abdul Karim Batatawala and Department of Immigration and Citizenship Services former boss Elvis Thodi, who sought to have their money laundering case declared unconstitutional. The panel of judges, consisting of Texious Masoamphambe, Patrick Chirwa, and Dick Sankhulani, ruled that the case is constitutional and should proceed. This decision came after the State accused Batatawala and Thodi of inflating figures of materials supplied to the Department of Immigration and Citizenship Services by a company owned by Batatawala.
During the two-hour and thirty-minute judgment reading, Masoamphambe explained that the State did not violate any laws by charging the accused individuals under Section 42(1)(c) of the Financial Crimes Act (FCA) of 2017. He argued that the State did not infringe on the rights of the accused, as the previous law had similar provisions to the FCA of 2017. Anti-Corruption Bureau (ACB) Chief Legal and Prosecution Officer Anafi Likwanya hailed the ruling as a significant milestone for the State, expressing eagerness to proceed with the prosecution and conclude the trial.
The Attorney General Thabo Chakaka Nyirenda will determine the costs awarded in the dismissal of the case. Efforts to reach the lawyers representing Batatawala and Thodi were unsuccessful as they left the court premises hastily following the proceedings. The case also involves Immigration commissioner Fletcher Nyirenda and deputy director Limbani Chawinga, who were arrested by the ACB in December 2022 and are also seeking to have their prosecution declared unconstitutional.
The criminal proceedings were halted in January 2023 after eight witnesses had testified, leading to the current constitutional matter. Recently, one of the lawyers representing the accused argued that the FCA under which they were charged was enacted after the alleged offenses occurred and raised concerns about the potential violation of the constitution. The lawyer pointed out that the new FCA carries a life imprisonment sentence upon conviction, whereas the previous Money Laundering Act had a maximum sentence of 12 years.
In conclusion, the High Court’s decision to uphold the constitutionality of the money laundering case involving Batatawala and Thodi signifies a significant development in the legal proceedings. The State’s determination to prosecute and conclude the trial highlights the importance of upholding the rule of law and combating financial crimes. As the case moves forward, further legal arguments and proceedings are expected to shed light on the complexities of the charges and the implications of the FCA on the accused individuals.
Read the original article on The Times
