By Chisomo Phiri
The High Court’s Financial Crimes Division in Lilongwe on Wednesday referred an alleged K18 billion procurement case involving the Malawi Prison Service(MPS ) and former cabinet ministers Nicholas Dausi and Joseph Mwanamveka, along with three others to the Chief Justice for constitutional review.
In the court room,Judge Violet Chipao ordered the trial to proceed unless the Chief Justice rules on the constitutional question raised by Mwanamveka’s defense.
Mwanamveka’s defense argues that, as Finance Minister, he legally approved extra-budgetary funds upon request from a government department.Â
They contend this action is consistent with the Constitution but conflicts with the Public Finance Management Act.
Previously, the state offered to make Mwanamveka a witness, but the Director of Public Prosecutions (DPP), Masauko Chamkakala, did not issue a certificate of discharge.Â
Therefore, Mwanamveka remains a defendant.
The other accused in the case include former Principal Secretary for the Ministry of Homeland Security, Samuel Madula, Chief Director Kennedy Nkhoma, and Senior Deputy Director Patricia Liabuba.Â
They are accused of approving the purchase of prison supplies—including socks, underwear, steel plates, cups, handcuffs, belts, and whistles—from the UAE-based firm One Guard FZE at inflated prices, between February 2019 and June 2020.
