High Court Judge Redson Kapindu has discharged former Reserve Bank Governor Dr. Dalitso Kabambe and ex-deputy Governor Henry Mathanga from charges of abuse of office.
Dr. Kabambe and Mathanga were being accused of making a directive to Reserve Bank of Malawi officials to misreport on Malawi’s Net International Reserves and Gross Reserve Liabilities to the International Monetary Fund, IMF between 2018 -2019.
Principally Judge Kapindu has discharged the charge on failure by the state to commence trial against the within a twelve-month period as prescribed in the law considering the matter was a misdemeanor which carries a maximum sentence of 3 years.
Kabambe and Mathanga were arrested in 2021 when their cautionary statements were also recorded. However, their lawyers argued it would be irregular to continue the case when the state had failed to prosecute the accused.
“The charge of abuse of office contrary to section 95 of the Penal Code, the two defendants herein accordingly stand “discharged” by the operation of the law, pursuant to section 302A (4) of the Criminal Procedure and Evidence Code. And this Court’s role is merely to formally acknowledge and declare this preordained fact and legal reality under the law. The Court therefore so declares the discharge,” reads the ruling in part.
Judge Kapindu has also ruled in favour of an application by the defendant to stop lead prosecutor, Kamdoni Nyasulu, from prosecuting the matter due to no-renewal of his practice license which is “mandatory” that a legal practitioner may only practice if he or she has a valid license to practice.
“The Court holds that since Counsel Nyasulu is a legal practitioner, and for as long as his name appears on the roll of legal practitioners, just like any other legal practitioner, whenever he appears to plead or argue cases before this Court, whether they be civil or criminal proceedings, then, unless he is appearing on his own behalf, the Court will require him to fulfil the requirements of a legal practitioner, and this includes fulfilling the mandatory requirement of having a valid licence to practice”, reads the ruling.
However, the court has ruled to continue hearing the remaining charge on the charge sheet of “Fraud other than false pretences under section 319A of the Criminal Procedure and Evidence Code.”
The court has however ruled to continue hearing one remaining charge of “Fraud other than false pretences under section 319A of the Criminal Procedure and Evidence Code,” the ruling reads.
