BLANTYRE-(MaraviPost)-The Supreme Court Judge, Frank Kapanda,on Wednesday June 11,2025,ruled that the Anti-Corruption Bureau (ACB) improperly obtained evidence from the UK’s National Crime Agency (NCA) in the case against minister of lands Kezzie Msukwa.
In court,judge Kapanda sided with Msukwa’s legal team, including representatives of the former minister, finding that the ACB should have sought the evidence through the Attorney General(AG )’s Office.
The ruling means the case against Msukwa and Ashok can proceed to the High Court, but the ACB cannot use the evidence from the NCA in the case against Msukwa and Zuneth Sattar, and Ashok Nair.
However, the court upheld the ACB’s actions in arresting Msukwa, noting that the ACB had a valid warrant.
Nevertheless, the court criticized the ACB’s method of arresting Msukwa, noting that he was unwell at the time.
Msukwa’s lawyer, Chimwemwe Kalua, stated that if the ACB wishes to continue the case in High Court, it must present only evidence gathered independently, not from the UK.
ACB legal officer Bernard Mlozoa Phiri said the ACB will be clarifying its position on the matter.
Msukwa and Ashok were arrested in 2021 on charges related to Zuneth Sattar, leading to their dismissal from the cabinet by President Lazarus Chakwera.
MZUZU-(MaraviPost)-The former Minister of Lands Kezzie Msukwa who is also Member of Parliament (MP) for Chitipa East has hailed Malawi President Lazarus Chakwera for the powerful State of nation address (SONA) which he delivered in the national assembly few days ago.
Msukwa says the Sona has inspired hope towards rebuilding and aspirations of the Malawi Nation.
In an exclusive interview Msukwa said the President has managed to inspire hope to the doubting Thomases.
The former Minister commended the president for the development currently taking place in his constituency, Chitipa East.
He said under the leadership of President Dr Lazarus McCarthy Chakwera his constituency has never been the same.
Msukwa cited construction of clinics , school blocks , bridges, in his constituency.
He also thanked the president for trippling the Constituency Development fund (CDF) saying Malawi has registered enormous developments using this locally generated money.
BLANTYRE-(MaraviPost)-The Supreme Court of Appeal on Thursday, July 28, 2022 sustained a stay order for former Minister of Lands Kezzie Msukwa not to be prosecuted until his appeal case is fully heard at the same court.
Martha Chizuma and Kezzie Msukwa
Justice Frank Kapanda ruled in Blantyre on arguing that a full bench must hear the matter and that the registrar should facilitate the process with speed because the case is of public interest.
Msukwa, who has been booked to answer charges of corruption connected to business mogul Zunneth Sattar, appealed to the Supreme Court against a High Court order for the Anti-Corruption Bureau (ACB) to prosecute his case.
The former Minister, who was arrested together with Sattar’s business associate Ashok Nair, wants the court to review the manner in which the ACB arrested them in December 2021.
It is further in Msukwa’s prayer to know whether ACB can enter into mutual assistance with an international agency without the Attorney General’s involvement.
There was no immediate reaction from ACB authorities on the development.
The lower court is yet to set the date on the matter.
BLANTYRE-(MaraviPost)-The Supreme Court of Appeal on Monday, June 13, 2022 granted a stay order to former Minister of Lands Kezzie Msukwa, stopping the Anti-Corruption Bureau (ACB) from arresting him.
The development comes after Msukwa was expected to be taken to court on Monday, June 13 after the bureau took a statement from him.
Martha Chizuma and Kezzie Msukwa
According to Chimwemwe Kalua, lawyer for Msukwa , the stay order is stopping order is stopping the ACB from investigating, arresting and prosecuting Msukwa based on the information for the National Agency Crime – pending an interparty hearing scheduled on 28 June ,2022.
He added that the stay order is also stopping a judgment by High Court Judge Redson Kapindu who dismissed an application by Msukwa and Ashok Nair, who wanted their arrests by the ACB to be annulled.
Most of the former classmates of the Queens Bench are land practitioners working in various land-related departments. Remember the Queens Bench Chairman is primarily a Land Surveyor (a very good one for that matter).
One of these recent days, I was having a VODKA drink with some of them when they brought up an issue. A very interesting issue. It may interest you as well.
Martha Chizuma and Kezzie Msukwa (from left)
Do you know that the story of former lands minister Kezzie Msukwa that Anti-Corruption Bureau (ACB)’s investigators under Martha Chizuma went to the office after he was arrested and they turned out surprised that the said land was already given to Sattar in 2016 and the title did was issued a year and months later?
And the surprising part is that when they were told that the said land was given that period, they seemed confused and they kept asking if there was no recent processing of the same land. That question was confusing to us now.
The Queens Bench found the story particularly interesting. I narrated my understanding that it appears the ACB acted on information that was obtained from the National Crimes Agency (NCA) – an ACB equivalent from United Kingdom.
I explained how the State may obtain or give any criminal matter evidence under investigations to or from any Commonwealth country under what mutual legal assistance scheme. There is what is called Mutual Assistance in Criminal Matters Act that was enacted in 1991.
But according to the said Act, any (Commonwealth) country, such as United Kingdom in this case, seeking to obtain evidence from Malawi must approach the Attorney General who, in turn, if he judges it appropriate to cooperate, instructs any relevant local law enforcement agency such as the police, ACB, NIS, etc to cooperate with the foreign investigators in receiving or giving out any sought information material to the pursued investigations.
With the Sattar investigations, I told my colleagues, the NCA went directly to the law enforcement agency – that is the ACB – and requested its cooperation in investigations that resulted in combing Sattar’s home and office while he was arrested in the United Kingdom.
The ACB, without informing or seeking an endorsement from the Attorney General rendered the cooperation and received or accessed copies of the documents of records that were seized in the raid.
Now, the rules of evidence are very clear when it comes to evidence that is obtained illegally.
The ACB, having possessed such evidence that was obtained illegally, interpreted the evidence without prudence and formed an idea that Kezzie Msuka, as a Minister, corruptly awarded the land to Sattar to gain a Mercedes Benz advantage YET the said land was, according to what you are telling me, issued in 2016 when the said Kezzie Msukwa was not a Minister or anywhere near land administration protocol.
That aspect constitutes an aspect of material fact that will haunt the ACB in its exercise of prosecuting its target.
Further, I said, ACB looks funny in this case when one looks at it from the totality of its actions:
To begin with, the ACB, using misleading or misunderstood records obtained illegally, arrested the said Msukwa while he was at a hospital receiving treatment for heart attack which it is said occurred after receiving news from ACB that there was a warrant of arrest obtained against him.
Perhaps in an appetite to showcase some amazing power, the ACB followed the Minister to the hospital, handcuffed him and chained him to a hospital bed.
I then explained to my colleagues how such treatment of a suspect is inhumane, barbaric and against the words of our Constitution.
I told them, for example, how section 42(1) of the Constitution was offended and how section 20A(1)and (2) of the Criminal Procedure and Evidence Code were violated by such extraneous actions that were merely serving the purpose of embarrassing the target than preventing him from an escape (because they can’t demonstrate that the suspect was reasonably feared that he would escape).
I discussed quite a lot on this matter and now because I am rushing to a class, I will share the rest of the discussions later.
But I must admit that I left my colleagues in total silence and confusion as to what the ACB was really up to towards the embattled Minister.
Disclaimer: The views expressed in the article are those of the author not necessarily of The Maravi Post or Editor
LILONGWE-(MaraviPost)-Malawi President Lazarus Chakwera is reportedly shielding Kezzie Msukwa, a cabinet minister who faces fraud and corruption charges in Tonse administration.
Chakwera’s decision to retain the minister despite the charges has been interpreted as message by the president that he is backing the minister and cosying up to corruption.
Msukwa is accused of receiving MK23 million and a Mercedes Benz in bribes from a businessperson in order to facilitate land deals.
He was arrested by the Anti-Corruption Bureau (ACB) on December 31 but was freed the next day following a controversial stay order granted at the High Court in Zomba on New Year’s Day.
When former minister Newton Kambala was arrested for abuse of office last year, Chakwera did not hesitate to fire him.
The president’s delay to fire Msukwa is now being seen by some as evidence that Chakwera is protecting the under fire minister.
“The president’s first public reaction to allegations of ethical impropriety against Msukwa was to defend him, implicitly so by claiming that he cannot act because he was on festive holiday, a privilege he doesn’t extend to others.
“Clearly he appears to be “sparing” some sacred cows. Minister Kezzie Msukwa of the multimillion kwacha and Mercedes benz corrupt “land-procurement” infamy is the latest sacred cow enjoying privileged presidential protection,” wrote James Chisikwa in a Facebook post.
Following Msukwa’s arrest, National Anti-Corruption Alliance said firing Msukwa would pave way for more effective investigations and warned that any delays would send a negative signal about Chakwera’s commitment to fight the vice.
Presidential Press Secretary Anthony Kasunda told the local media on January 2, 2022 that Chakwera was still on Christmas and New Year Holiday and would make a decision after returning to work on 4 January.
But the president is still yet to take action despite returning to work.
Malawians yesterday stormed the Malawi Government Facebook page to demand answers.
“Why is he taking time to fire that corrupt minister Msukwa??” asked Amos Mwase on a post announcing the appointment of a new Chief Justice.
While Faith Nangumi said: “Why is it hard to fire a suspected corrupt cabinet minister Msukwa ? What sort of President does Malawi have ?”
MZUZU-(MaraviPost)-Mzuzu Youth Anti-Corruption Movement has expressed worrisome over continued involvement of President Lazarus Chakwera’s Tonse cabinet Ministers into corruption and abuses of public resources.
The Movement has since called upon President Chakwera to take proactive and decisive action to stamp out corruption and abuse of office within their ranks.
The call comes after Chief Resident Magistrate court in Lilongwe issued a Warrant of Arrest to Minister of Lands, Housing and Urban Development Kezzie Msukwa on his alleged involvement of corrupt practices on land deals in Lilongwe and Chipoka in Salima.
Judge Zione Ntaba of the High Court in Zomba ruled out the Warrant of Arrest for Msukwa saying it cannot be served to him while on a hospital bed in Lilongwe and this has received national condemnation not only by Malawians but also the Malawi Law Society (MLS) that the order not to arrest him was made on Saturday.
In a statement signed by its Team Leader Mathews Kajani, the Movement says is with dismay of the arrest of Msukwa allegedly for receiving money and a Mercedes Benz.
The Movement says is of the view that the case against Msukwa compromises the credibility and integrity that comes with the office of the cabinet Minister, asking the Minister to demonstrate leadership on issues of integrity by resigning effective immediately.
The grouping believes that resigning from office is a critical ethical decision for Msukwa because it is a basic moral resource that can reinforce integrity, buttress responsibility, support accountability and provide leverage and boundary drawing.
The Movement is therefore demanding a mechanism of instituting quarterly lifestyle audits, adopt and apply a strict code of conduct on cabinet ministers and all government officials that hold position of responsibility.
It is demanding the government to take necessary steps to permanently ban all individuals and international companies implicated in corrupt practices from ever doing business in Malawi as well as close international loopholes.
“The Ministry of Justice should make the Judiciary to quickly dispose corruption cases, allocate more resources to ACB and other corruption-fighting institutions and fast-track public sector reform that focus on improving financial management,” reads part of the statement.
The Movement has finally called upon the Anti-Corruption Bureau (ACB) to act with speed in prosecuting those arrested or land implicated including Msukwa.
BLANTYRE-(MaraviPost)-The manner in which the country’s judiciary is handling the Ashok Nair and Minister of Lands, Housing and Urban Development Kezzie Msukwa in the alleged corrupt case, is slowly but steadily, proving to be “suspicious” with selective application of justice.
Ashok Nair was arrested, spent nights in Police cells and Msukwa defied the Anti-Corruption Bureau (ACB) order to surrender himself so a statement can be recording – the following day he went to hospital for a high blood pressure over-shoot and was arrested there for ignoring the order.
Meanwhile, Ashok was being denied bail and incarcerated to Maula Prison (not police cell) as per Chief Magistrate Patrick Chirwa’s ruling.
Msukwa’s lawyer rushed to Zomba High Court “judge shopped” Justice Zione Ntaba who was on holiday to quash the warrant of arrest issued in Lilongwe and get his client into freedom pending judicial review.
President Lazarus Chakwera has not swiftly moved to sack or suspended his cabinet minister to allow ACB do their work along the 4 counts listed on the warrant of arrest.
Mzuzu-based socio-political commentator Jackson Msiska described the handling of corruption cases in the country as “drama” since it is only the riff-raff that face the long arm of the law.
“These Msukwa investigation has now given President Chakwera and ACB Director General Martha Chizuma a litmus test on their calls to curb corruption in Malawi. It seems Kezzie Msukwa, is untouchable, while Askok Nair is incarcerated at Maula Prison yet they face the same charge.
“What will happen when other cabinet ministers and high profile people are to be arrested? Are their lawyers going to rush to Zomba High Court to buy freedom? We need clear intervention otherwise selective justice practices by those with the powers in Courts cannot be tolerated, neither can we accept political shielding,” dares Msika.
The Malawi Law Society and other eminent legal minds including former Director of Prosecutions Kamudoni Nyasulu, Attorney General Charles Mhango condemned the court order while former Minister of Justice and Attorney General Ralph Kasambara called for ceasefire from his colleagues saying despite the court order being a bad one, it needed to be obeyed.
The statement by ACB announcing Msukwa’s arrest indicated that the bureau established that Ashok Kumar Sreedharan aka Ashok Nair engaged in some corrupt practices in some land-related matters in Area 46, Lilongwe District and Chipoka in Salima District.”
“The investigations have so far established that in relation to the mentioned land matters, Hon Kezzie Msukwa on four occasions corruptly used his official powers contrary to section 25 (1) as read together with section 34 of the Corrupt Practices Act,” reads part of the statement
Ndala further said the investigations further established that Nair aided in procuring corrupt use of official powers contrary to section 35 as read together with section 25 (2) and section 34 of the Corrupt Practices Act.
ACB promises more arrests and selective justice will impair the whole struggle against the vice which is benefiting a few politically exposed people.
Its worrying indeed the type of selective justice is being executed in Chakwera’s Tonse administration.
ZOMBA-(MaraviPost)-The Zomba based judge, Justice Zione Ntaba, on Saturday, January 1, 2022, suspended the arrest of Minister of Lands, Housing and Urban Development, Kezzie Msukwa, following the his application for judicial review due to Anti-Corruption Bureau’s failure to correctly appreciate and discharge its constitutional, statutory and administrative law duties in relation to the warrant of arrest it recently issued for the minister.
According to a court order which Maravi Post has seen, the applied judicial review will be heard in Lilongwe, where Msukwa lives and was arrested, in under seven days.
“Court’s considered opinion that the Claimant’s assertions regarding the Defendant’s conduct and motive were correct. The Defendant and her agent’s conduct are to a degree unconscionable and unreasonable but more so meant to just cause embarrassment to the Claimant especially in the execution of the warrant of arrest.
“The Defendant and her agents have known since the issuance of the warrant of arrest as to where the Claimant was in Malawi. The Defendant in executing the warrant on 31st December, 2021 decided to do so whilst he was on a hospital bed and in the process violating his right to privacy, jeopardized his health to mention a few.
“These are issues which court should grown upon. This is more so especially where the public office or officer doing so is one constitutionally mandated to uphold the rule of law,” reads the order in part.
However, the decision was granted ex parte, that is without the Anti-Corruption Bureau (ACB) being heard. ACB is yet to respond to the determination so far made by the court.
On Wednesday, the Bureau obtained a warrant of arrest for the minister for allegedly corruptly benefiting from the sale of land in Lilongwe.
LILONGWE-(MaraviPost)-Minister of Lands Kezzie Msukwa on Friday, November 19, 2021 accused opposition Democratic Progressive Party (DPP) Member of Parliament for Thyolo Central Ben Phiri of sponsoring series of demonstrations that are taking place in Blantyre and Mzuzu.
The development resulted into delay of Parliament proceedings as Phiri demanded evidence from the minister over the allegations.
Second Deputy Speaker of the August House, Aisha Adams asked Msukwa to give the house the evidence of his accusations towards Phiri.
However, Msukwa failed to produce the evidence as he said he heard it from another parliamentarian.
The Second Deputy Speaker then asked Msukwa to withdraw his remarks of which he did.
The lawmaker Phiri told The Maravi Post in an interview that he has never funded any demonstrations and he can not do it now especially after what he witnessed in the last demonstrations during their regime.
“I have never funded demonstrations, I can’t fund demonstrations, demonstrations are right to the people as it shrine by the constitution but because I witnessed the destruction that was there during the last demonstrations, I wouldn’t want to be part to any sort of funding of such that’s why I raised it up to put the record straight.” Ben explained
He added, “It is the end of the matter because we are in political house, so alot of politics work where they will decide to intimidate the person, maybe to make sure that the person is intimidated than not raising up issues by threatening the person which I don’t get intimidated but at the same time the minister himself really withdrawn the matter and the record has been put straight.”
Different groups in Blantyre and Mzuzu have organized demonstrations over the cost of living and socio-economic challenges rocking the country.
Bon Kalindo, former parliamentarian is the one leading the Blantyre protests and Phunziro Mvula of Social Revolutionary Movement is the one leading Mzuzu demonstrations.
Blantyre demonstrations on Friday ended in chaotic scenes after Malawi Police Service ran battles with protesters amid teargas spray.
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