Rédaction Africa Links 24 with Feston Malekezo
Published on 2024-04-03 06:50:21
The State has taken possession of a house that belonged to former national budget director and Cashgate suspect Paul Mphwiyo, who is suspected to have fled the country while facing corruption charges. Cashgate refers to the misappropriation of public funds at Capital Hill, the government’s headquarters.
The court order was issued on March 28, 2024, by Judge Ruth Chinangwa after Mphwiyo, who had been granted bail in October 2014 while facing charges related to the theft of K2.4 billion from the government, failed to appear in court. His family reported his disappearance to the police in June of the following year, and his whereabouts remain unknown.
Mphwiyo was required to report to the Anti-Corruption Bureau (ACB) every two weeks and provide a cash bond of K8,000,000.00, as well as his residence in Area 43, as part of his bail conditions. Judge Chinangwa ruled that under Section 12(2) of the Criminal Procedures and Evidence Code, Mphwiyo had absconded and could not be located, leading to the forfeiture of his house in Area 43 to the Malawi Government.
The court considered whether the forfeiture of the house would impact any third parties, such as Mphwiyo’s family. It was determined that the property was solely registered in Mphwiyo’s name and could be forfeited without affecting the rights of his spouse. The court confirmed that the house in Area 43 belonged to Mphwiyo and could be forfeited as it had been used as security for his bail.
At the time of his disappearance, Mphwiyo and 17 others were facing charges related to defrauding the Malawi Government of K2.4 billion in the notorious 2013 Cashgate scandal. The High Court was set to deliver a judgment on the case when Mphwiyo went missing.
Efforts to locate Mphwiyo through his sureties and his wife were unsuccessful, leading to the court ordering the forfeiture of his house. Mphwiyo had initially been seen as a hero for his anti-corruption stance after surviving a shooting incident in 2013, but later faced charges in the Cashgate scandal.
Former Justice minister Ralph Kasambara, associate Pika Manondo, and ex-soldier Macdonald Kumwembe were convicted for their involvement in the shooting incident. The State’s application for the forfeiture of Mphwiyo’s house was based on his failure to appear in court and the inability to locate him through traditional means.
Read the original article on The Times
