Two men jailed for 30 months without option of fine for possessing stolen ESCOM conductors

* Prosecutor told the the court that while both first-time offenders they should be given stiffer sentence * As Electricity (Amendment) Act 2024 attracts a maximum sentence of 30 years * Such malpractice costs ESCOM revenue, maintenance and labour costs and also derails efforts to connect new customers Maravi Express Two men have been sentenced to two-and-a-half-years imprisonment in Lilongwe following their conviction for possessing stolen electricity conductors at Kasiya in the district. Police prosecutor, Superintendent Chancy Chikhola, said…

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High Court rules that appointment of Kalumo as Immigration Department’s director general was illegal and unconstitutional

Brigadier General Kalumo (retired) * The appointment was non-consequential and of no effect as it is illegal and unconstitutional * It is the responsibility of Minister of Homeland Security to make the appointment and not through directive from President Lazarus Chakwera By Duncan Mlanjira The High Court has today, June 6, ruled that the post of Brigadier General Charles Kalumo (retired) as Director General of the Department of Immigration & Citizenship Services is non-consequential and of no effect as…

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Law on forfeiture of bonded property on Mphwiyo house was diligently followed

* As Mphwiyo’s wife is denied of her intervention for State not to forfeit matrimonial home used as bond for husband’s bail * The suspect of offenses of theft by public servant, money laundering and conspiracy to fraud is still at large By Duncan Mlanjira After Paul Mphwiyo jumped bail following his arrest on offenses of theft by public servant, money laundering and conspiracy to fraud, the High Court granted the Anti-Corruption Bureau that the house he used as his…

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Former RBM Governor Kabambe, his deputy Mathanga discharged from charge of abuse of office but maintains that of fraud other than false pretences

* The charge of abuse of office is time-barred pursuant to section 302A of the Criminal Procedure & Evidence Code * Kabambe had his caution statement recorded on 8th December 2021 but since that time, trial has not yet commenced. * Mathanga’s statement was recorded on 7th March 2022 and counting a period of 12 months from those dates, the latest that trial should have commenced was 7th March 2023 By Duncan Mlanjira The High Court has discharged two…

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Justice Chikopa sworn in as Deputy Chief Justice

* I must thank the Judiciary, under the enlightened guide of the Chief Justice Mzikamanda, for successfully completing the functional review that resulted in Justice Chikopa’s approval for this appointment By Sellah Singini, MANA After the swearing-in ceremony today of Deputy Chief Justice Lovemore Chikopa at Kamuzu Palace in Lilongwe, President Lazarus Chakwera has described the appointment as a remarkable step towards strengthening the judicial system in the country. Chakwera said the position of the Deputy Chief Justice should…

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Justice Lovemore Chikopa SC appointed Deputy Chief Justice

Maravi Express In pursuant to Section 111 (2) of the Constitution of Malawi, President Lazarus Chakwera has appointed Justice of Appeal, Lovemore Chikopa SC as Deputy Chief Justice of the Republic of Malawi. This was announced in a statement by the Secretary to the President & Cabinet, Colleen Zamba. Meanwhile, the Chief Justice, Justice Rizine Mzikamanda has reaffirmed the commitment of the Judiciary to uphold the Constitution and ensure independent, professional, and impartial management of electoral cases in the…

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EGENCO faces possible liability in the case involving Midima Holdings Limited vs Techfab International Limited

* This is contained in the EGENCO’s Forensic Audit and Investigation of Alleged Irregularities Report * Which also exposes EGENCO’s reluctance to write off ESCOM debt of K62.2 billion By Duncan Mlanjira Apart from the revelations that corruption suspect Abdul Karim Batawala is involved in the massive rot following a forensic audit that government instituted at Electricity Generation Company (EGENCO), other disclosures include a possible EGENCO liability from a court order in the case of Midima Holdings Limited vs…

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The law does not recognise the Vice-President as Deputy Commander-in-Chief of the MDF

Chilima at the court on Tuesday * The State wondered how Chilima became privy to information about the existence of the type of documents that he was requesting * It is premature for Chilima’s defence in the corruption case to seek some of the disclosures from the State at this stage of the case By Duncan Mlanjira In agreeing with the argument from Malawi Defence Force (MDF) — that some of the documents Vice-President Saulos Chilima is asking to…

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Mphwiyo’s residential house in Area 43 forfeited to Government having absconded bail conditions and cannot be traced

* ACB submitted records that show that Mphwiyo last appeared at their office for bail on June 19, 2023 * Efforts to trace him through his sureties were futile as they were ignorant of his whereabouts By Duncan Mlanjira Under section 121 (2) of the Criminal Procedure and Evidence Code, the Lilongwe High Court has ordered that former Budget Director, Paul Mphwiyo’s residential house in Area 43 — which was attached as his bail bond in the case in…

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CSOs calls for swift enactment of judicial reform

Malawi Parliament * It is in the interest of Malawians to have the proposed reforms enacted by the next sitting of Parliament * We emphasize the critical role of cooperation by the judiciary in facilitating the swift finalization of the Bills for tabling in the august House By Duncan Mlanjira Civil society organisations (CSOs) have issued a joint petition urgently calling for the government to expedite the legislative process to ensure prompt enactment of proposed Bills, thereby guaranteeing equitable…

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