High Court Judge Chifundo Kachale is expected to rule on whether businessman Shiraz Ferreira of SF International can use government official documents that are alleged to be illegal in cases where the businessman has sued the government.
The matter went back to court Wednesday, when Attorney General (AG) Thabo Chakaka Nyirenda, who is representing the government in the case, applied to the court, asking it to rule if it is proper for government “secret” documents that Ferreira’s lawyers are using to form part of the evidence against the government.
Speaking after the court appearance, Chakaka Nyirenda said his argument in court was premised on whether the claimants have a right to access secret documents,
“It is against laws on secrecy for the claimants to use official documents from the Treasury, Anti- Corruption Bureau (ACB), the Attorney General’s Office and the Malawi Defense Force (MDF) against the government; it means it is an inside source who is working together with some businesspeople in order to steal people’s taxes,” Chakaka Nyirenda alleged.
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Ferreira did not attend the court session and The Daily Times established that his lawyers had written a letter to the court, asking it to adjourn the matter to a later date.
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However, Kachale dismissed the excuse, ruling that Ferreira would be responsible for the logistical costs for ACB investigator Flattery Nkhata, who is investigating allegations of fraud around the contract’s awarding and who was scheduled to cross-examine the claimants.
The AG is defending a K12 billion claim by the businessman.
Ferreira’s lawyers claim the amount, a total of $6,942,359.49 (about K12 billion), is for delayed payment in a deal where the company reportedly supplied equipment to MDF between 2012 and 2014.
But the government argues that the contract is invalid as it was allegedly entered into in contravention of the then-Public Procurement Act, now the Public Procurement and Disposal of Assets Act.
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According to court documents, the matter originates from 2012, when MDF reportedly issued a local purchase order to Ferreira, giving him the greenlight to supply goods to the military through his SF International in a contract worth K24 billion.
