Wheels of Justice sometimes move slowly, but they surely move. After all, the weight of evidence to be carried in criminal matters is always huge to a higher threshold of “beyond reasonable doubt”. This may be the reasons why sometimes the wheel of justice in criminal matters move slowly, but surely. Ask Kabambe and Mwanamveka right now.
Dalitso Kabambe, Joseph Mwanamveka, Henry Mathanga, and Cliff Chiunda are constantly reminded of this phenomenon as 6th August approaches whereby they have to be in court in relation to their financial crimes charges which they are all answering. Notice of Hearing was granted by the High Court on 25th June indicating that the hearing of the state application to their different cases is set for hearing in the afternoon of 6th August this year.
“TAKE NOTICE that the state will apply to add as joint accused persons in this case [The Republic v Henry Mathanga and Dalitso Kabambe]; Joseph Mwanamveka and Cliff Kenneth Chiunda, the matter which has been set for hearing on the 6th day of August 2024 in the forenoon in the High Court, Financial Crimes Division, Lilongwe Registry”, reads the Notice which was signed by Court Registrar on 25th June.
Here is the context of the cases: In a crackdown on corruption in Malawi, a far-reaching forensic audit report commissioned by President Lazarus Chakwera was released in 2021, uncovering a disturbing web of financial misconduct and abuse of power at the highest levels of government. The report, conducted by the international auditing firm Deloitte, set in motion a series of high-profile arrests and prosecutions.
The forensic audit exposed a range of nefarious and hope-wrecking incidents, including money laundering, embezzlement, and large-scale corruption. The investigation revealed how former officials, including the then-Reserve Bank Governor Dalitso Kabambe, the then-Deputy Governor of the Reserve Bank, Henry Mathanga, the then-Finance Minister Joseph Mwanamveka, the then Secretary to the Treasury Cliff Kenneth Chiunda; the then Senior Finance and Market Operations Dealer, Leah Donga and the then Director of Financial Markets Operations, Rodrick Wiyo, among others, allegedly orchestrated the personalization of state-owned entities such as the Malawi Savings Bank (MSB), diverting them from government control.
The auditors also uncovered widespread looting of public funds and falsification of documents, which was believed to be an attempt to cover the trail of these illicit activities, including the provision of falsified documents to the International Monetary Fund (IMF).
In 2021, Kabambe, Mathanga, Rodrick Wiyo, and Leah Donga were arrested in connection with the forensic audit’s findings, facing charges of abuse of office and the alleged laundering of approximately 8.3 billion Malawian Kwacha (around $10 million), of which 4.3 billion Kwacha was reportedly paid to FDH Bank without prior approval.
While the court subsequently discharged Wiyo and Donga, the case against Kabambe and Mathanga, now known as “The Republic v Henry Mathanga and Dalitso Kabambe,” has remained ongoing. The former Finance Minister, Joseph Mwanamveka, and the former Secretary to the Treasury, Cliff Kenneth Chiunda, were also subsequently arrested and charged in relation to the crimes uncovered by the audit.
In a significant development, the state has applied to join Mwanamveka and Chiunda to the Kabambe/Mathanga case, allowing for a joint prosecution in the specialized High Court Financial Crimes Division. This is a newly established court division following recommendations by President Chakwera who sought to lay down administrative conveniences targeted at expediting the handling of financial crimes and theft of public funds, which have historically faced significant backlogs in ordinary courts.
The joint trial, if granted, will bring together the key figures allegedly involved in the systematic looting and mismanagement of the country’s resources, signaling the government’s unwavering commitment to ensuring accountability and justice. Upon being joined, this will bring forth a high-profile case involving crackdown on corruption, shedding a pivotal moment in Malawi’s ongoing efforts to combat the scourge of financial misconduct and restore public trust in the country’s institutions.
