Three men in Lilongwe have been sentenced to 20 years each in prison for gang raping a 36-year-old woman and robbing her of K157,000 cash.
Principal Resident Magistrate’s Court on Tuesday found Yona Maulidi, 39, Owen Legani, 19, and William Phillipo, 39, guilty of rape and robbery.
During the trial, State Prosecutor Sub Inspector Bauleni Namasani explained that the victim was heading back home from her boyfriend’s house before the attack at Kaondo location in Area 36 at about 11: 00 p.m. on February 18, 2022.
The six-man gang, armed with panga knives and crowbars, first robbed her of K157,000 cash before raping her in turns from 11:00 p.m. to 3:00 a.m.
Prosecutor Namasani urged the court to impose a 21 year jail term on the trio, arguing their conduct was shockingly inhumane and degrading.
He also noted that the trauma that the victim had suffered for four hours was just too much; hence lengthy custodial sentences for her perpetrators.
In his determination, Principal Resident Magistrate Rodrick Michongwe described the three as callous, saying they went on raping their victim after robbing her of her hard-earned money.
Michongwe went on to convict and sentence the three to 20 years imprisonment with hard labour for the first count of rape and nine years for robbery; the sentences will run concurrently.
Maulidi comes from Kachule Village, Traditional Authority (T/A) Kachere in Dedza, Legani comes from Mawera, T/A Njolomole in Ntcheu and Phillipo is from Tumbwe Village T/A Tsabango in Lilongwe.
Early last year, the country was awash with news of high profile corruption case involving British national Zuneth Sattar. It was or and is alleged that Sattar has been corrupting public officers for his business to strive in Malawi.
The case shook the very foundation of government and it spread like a bushfire that most of the senior public officers were guilty in the public eye until they prove their innocence. It all started with the arrest of former Lands Minister Kezzie Msukwa and aid to Sattar on allegations of some land deals. It was alleged that Msukwa received a kickback in the form of a Mercedes Benz vehicle.
During the court hearing of the Msukwa case, it was learned that the arresting and prosecuting authority was relying on an investigation carried out by the National Crime Agency (NCA) of the United Kingdom.
The fact that there were no local investigations to warrant the arrest and prosecution of public officers became a bone of contention and the matter of whether or not that evidence is admissible in the local courts is still before the Supreme Court of Appeal. As time went by, it was revealed that there was a document that contained names of public officers corrupted by Sattar. It was apparent that the list goes back to the time of the late Bingu wa Mutharika.
Due to the public interest in the matter, President Lazarus McCarthy Chakwera directed the Anti Corruption Bureau (ACB) to submit to him a report on the Sattar saga investigation. The ACB through Director General Martha Chizuma duly submitted the report to the President within the prescribed period which led to the firing of Inspector General of Police Dr. George Kainja, suspension of State House Chief of Staff Prince Kapondamgaga and withdrawal of delegated powers to the office of the Vice President Dr. Saulos Klaus Chilima. The actions taken by the President raised the profile and the public interest in the Sattar corruption scandal investigation. At the same time, it also raised public expectations from the ACB.
Considering the public status of the officers mentioned—Vice President, Cabinet Ministers, Police Inspector General, State House Chief of Staff, Lawyers, and journalists among others—one expected that the bureau to move with speed on the investigation. However, in the absence of a conclusive investigation, the ACB could have been slow in further humiliating these officers through dramatic arrests. It is important to arrest when there is sufficient evidence that one is suspected to have committed a crime otherwise the cost of compensation is a burden on taxpayers. The country witnessed the arrest of the Vice President, Cabinet Ministers, Police Inspector General and private practice lawyer who served as Board Chairperson for the Office of Director of Public Procurement and Disposal of Assets. Nothing has been heard about what the ACB is doing on the State House Chief of Staff 10 months since he was suspended.
Whether some public officers were arrested or others have not heard from the bureau, Malawians should be worried about the way the bureau is operating. It does not help this country to name and shame. What is the benefit if the country has a Vice President doing nothing because he has corruption allegations hanging over his head? What is the benefit of having public officers who have invested so much in developing their professionals, working for the benefit of the country but sitting idle at home for such a long time waiting for justice?
Speaking from where I am standing, ACB should either take these people to court to present its evidence on allegations levelled publicly against them. If the investigation has not yielded prosecutable evidence, it is only proper to discharge or clear them of the allegations so that they can go back to normal life.
The Malawi Law Society and legal expert have spoken clearly. The ACB should free people such as the State House Chief of Staff. The bill on taxpayers is huge to settle.
The Post Disaster Needs Assessment (PDNA) report indicates that Nkhulambe heath centre in Phalombe district is one of the most affected health facilities following the floods and gigantic debris from Mulanje mountain caused by Cyclone Freddy.
The report says the area received a high rainfall of 1078 mm which is higher than the average normal amount for the area.
This puts the government on pressure to source US$18 million which is about K18 billion to reconstruct the health facility.
“Nkhulambe received 241.0mm 458.6 mm and 363 .2 mm of rain on march 12 13 and 14 respectively,” says the report.
Speaking in an interview after visiting the facility, Commissioner for disaster and management affairs ,Charles Kalemba said the magnitude of the damage is indescribable.
“This is one of the structures that need billions of kwacha to be reconstructed,”he said.
But the area is now reachable after road rehabilitated by Malawi Defense force.
I don’t know if many people have noticed the behavioural pattern of UTM supporters. UTM supporters are so funny. They are the only supporters who think highly of themselves.
Because they think highly of themselves they end up believing their own lies as the only truth.
This is the more reason these people are always in denial even when the truth is glaring right in their faces.
To say that they live in their own imaginary world is not an overstatement. In that imaginary world, Chilima is beyond reproach, he does not err and is even above the law.
SKC
Take the issue of Chilima’s eligibility for example. According to UTM supporters; those saying the law does not allow him to contest as the presidential candidate in the 2025 election as he would have served two consecutive terms as the country’s Vice State President have personal hatred on Chilima.
What they are forgetting is that this is not a straightforward matter. If it was straightforward as they would want us to believe, there should not have been these debates in the first place.
In any case if they are really keen to see their leader on the ballot come 2025 the best thing the UTM supporters could have done is to encourage their leadership to seek the court’s interpretation of the said Section 83 instead of being oversentimentalising it.
At one point a Professor of Law at the University of Malawi, Garton Kamchedzera advised the Vice President to be in good books with President Chakwera so that the President could get a referral by asking the Chief Justice to institute the Constitutional Court to interpret the contentious section.
In 2020, the Malawi Law Society through its honorary Secretary, Martha Kaukonda was quoted by the Nation on Sunday as saying that the law will not allow Chilima to contest in the 2025 elections for the same reasons.
She said: “This judgement is dated May 16, 2009 and cannot be appealed from now by parties, let alone (Vice President] Dr Saulos Chilima, who was not party to the case. So the question of appealing is out of question and MLS wouldn’t recommend constitutional amendments suit a particular individual.”
And just last week, a renowned Social Science Lecturer at the University of Malawi Dr Boniface Dulani said Malawi law does not allow Chilima to contest in the 2025 election.
He said: “The Malawi laws do not allow anyone who has served for two consecutive terms to run for the presidency.”
It’s just unfortunate that the case in point right now is Chilima but these are matters of law and it’s not wise to take it personal as UTM supporters are doing. If I were the Vice President of the Republic of Malawi I would tread carefully by not getting carried away by supporters’ sentiments.
The Malawi leader President Dr. Lazarus Chakwera will tomorrow from 8:30 am officially open the 33rd Malawi International Trade Fair at Chichiri Trade Fair Grounds in Blantyre.
According to official communication from the government, the president will also inaugurate the Malawi Bureau of Standards(MBS) Laboratory and Office Complex at the same venue.
He will later hold a development rally at Chichiri Upper Stadium.
To be held under the theme ” Rebalancing Malawi’s Trade through Industrialization,” The 33rd Malawi International Trade Fair gives an opportunity to Malawi’s businesses to showcase their products and services on top of expanding their network with other entities from within Africa and across the globe.
On the other hand, the new MBS complex will improve standards of the country’s products and services and make them attractive to a larger regional and continental clientele within regional markets and Africa Continental Free Trade Area (AfCTA).
Both events mirror each other in terms of Malawi’s opportunities in trade and investment.