Malawi Court Snubs Vice President Plea For Disclosure In Corruption Case.

By Joseph Dumbula

The High Court in Malawi capital Lilongwe has today ruled that it is premature for the defence in Vice President Saulos Chilima's corruption case to seek some of the disclosures from the State.

The court has meanwhile agreed with the Malawi Defence Force ( MDF) that some of the documents are indeed highly sensitive in nature to be made public.

Chilima was arrested on November 25th 2022 by the Anti-Corruption Bureau on allegations of accepting a reward of $280,000 United States dollars from Zuneth Sattar to assist Sattar's company, Xaviar Limited, in securing a Food Ration Packs Contract worth $7.8 million from the Malawi government for the Malawi Police. 

Initially, the MDF refused to submit the documents to the ACB citing national security concerns among others.

In its submission to the court during an earlier hearing, the defence, insisted on these disclosures, saying without them, their client would not be subjected to a fair trial.

Today, Judge Redson Kapindu has however, stressed that if during the trial such sensitive documents will prove to be relevant to a fair trial for the accused, then the ACB will have to decide whether to have such sensitive information disclosed or discontinue the case

Meanwhile, the court has directed that the defendant and his legal team as well as the Attorney General and lead counsel for ACB will be allowed access to "only see basis" of the sensitive documents just to appreciate the courts observations that the information is highly sensitive.

The sought disclosures include minutes of the Defence Council Meeting held on October 16 2020 authorizing the procurement of armored personnel carriers (APCs) and a memorandum of March 2021 from the MDF to President Lazarus Chakwera seeking authorization to procure APCs from Malachite FZE, a company linked to Sattar, using single sourcing.