Tag Archives: High Court judge Chifundo Kachale

Law and order, Malawi

Malawian couple convicted over MK5bn forex externalization

Maravi Post Reporter

By Thandie Chadzandiyani

LILONGWE-(MaraviPost)-The High Court Judge Chifundo Kachale on Friday, February 4, 2022 convicted Treaser Kaiya Guta and Peter Kaiya Guta for money laundering and forex externalization amounting to US$6 million (about MK5.1 billion).

Kachale, who also revoking their bail, asked the State and the defence lawyers to submit to the court within five days on whether a fine or custodial sentence is the way to go.

Convicted

It is alleged that the convicts, between May 7, 2016 and February 8, 2019 at Ned Bank and New Finance Bank in Lilongwe used foreign currency amounting to US$ 6,011,500 as business allowances for their purported employees, for a purpose different from what was specified.

The two were also accused of making false statements in writing to Ned Bank and New Finance Bank in their application letters for foreign currency that they were applying on behalf of their employees who were travelling to South Africa by bus.

The two have been found guilty for using foreign currency for a purpose different from the one specified, contravening the Exchange Control Regulations. The third case levelled against them was money laundering.

According to Kachale, the sloppiness and attitude of the banks involved in the process of committing the crimes also contributed to the commission of these crimes.

Last week the High Court also revoked bail for Treaser for failing to attend the judgment contravening the bail conditions.

The defence lawyer, Geoffrey Taumbe for the convicts pleaded with court for leniency, arguing that Treaser was attending to an urgent matter in Zomba when she missed the judgement.

The State was jointly prosecuting the matter with the Reserve Bank of Malawi and the Director for Public Prosecutions (DPP) Steve Kayuni said the State was pleased with the outcome.

“We are glad that the court has agreed with us on this trial. As law enforcement agencies, we are jointly, and in a coordinated fashion, moving forward with the fight against financial crimes as they are a serious sabotage to the economy.

“RBM and DPP officers did a great job on this matter,” said Kayuni.

In February 2019, RBM reported that illegal externalisation of foreign exchange and transfer pricing cases had drained as much as K500 billion at the close of 2018.

However, according to RBM, the money came from unsupported foreign exchange transactions remitted without imports being returned into the country to various countries.

corruption, Law and order, Malawi

Malawi former Homeland Security minister Uladi Mussa jailed five years on passport saga

Lloyd M’bwana
Uladi Mussa jailed five years on passport saga

LILONGWE-(MaraviPost)-Malawi Former Minister of Homeland Security Uladi Mussa and former Immigration Official David Kwanjana were on Thursday, October 22, 2020 each sentenced to five years imprisonment with hard labour for abuse of office.

The duo was also slapped with another 12 months jail term each for neglect of official duties.

The sentences will run concurrently effective October 13, 2020.

In his ruling, High Court Judge Chifundo Kachale says the two have been disqualified from holding any public office for the next seven years.

This means Uladi Mussa’s presidential ambition for opposition Democratic Progressive Party (DPP) leadership is shuttered.

Law and order, Malawi

Malawi court denies fugitive murder-suspect Chanthunya bail

Lloyd M’bwana

LILONGWE-(MaraviPost)-The Lilongwe High Court on Wednesday this week dismissed an application for bail or discharge by fugitive murder suspect Misozi Chanthunya who also faces extradition to Malawi from South Africa.

High Court judge Chifundo Kachale described the application as misguided and rejected his arguments saying the State was taking too long to prosecute Chanthunya when the protracted extradition fight to Malawi was a result of his own making.

The judge Kalso observed that there was no legal basis for the court in Malawi to grant bail to Chanthunya when he was being held by the South African government.

Kachale further described as inaccurate suggestions that Chanthunya would have no legal remedy if his attempt to engage the courts in Malawi was declined.

“Bearing in mind that the protracted extradition process has been occasioned partly by his [Chanthunya’s] own contestation of that procedure, it does seem rather disingenuous to attribute the same to the State and even invoke it as a basis for thwarting the earnest efforts of the respondent to bring him to this jurisdiction to answer the allegations of homicide leveled against him.

“One is at a loss as to how an order for bail or a discharge order from this court would have any legal validity or practical significance within a foreign jurisdiction. Any remedies about his detention within a South African court should be pursued before a competent South African court,” ruled out Kachale.

This comes after the court in South Africa granted the extradition order in September 2014, but before it could be effected, Chanthunya—who is accused of murdering his Zimbabwean girlfriend Linda Gasa— challenged the order.

In August 2017, Chanthunya, through his lawyer Donovan Silungwe, asked for bail and discharge; claiming that all attempts by his client to fight against extradition were exhausted and that the Malawi Government is delaying to extradite him.

Chanthunya went on the run in 2010 not long after the body of Gasa was found entombed under concrete at the Chanthunyas private cottage in Monkey Bay, Mangochi.

Interpol captured him in Rustenburg, South Africa on January 23 2012 after being on the run for 17 months.

The fugitive murder-suspect Chanthunya has been at the Kgosi Mampuru Prison in Pretoria since then.