The Financial Crimes Court sitting in Lilongwe Monday concluded hearing evidence in the case in which the State is disputing National Bus Services’ ownership of bus depots and workshops which previously belonged to State-owned Shire Bus Lines.
Initially, the defence side, which only paraded National Bus Services Chairperson Leston Mulli as witness, had planned to bring in two more witnesses in the matter.
But defence lawyer Gilbert Khonyongwa told The Daily Times outside the court that they opted to proceed with the evidence presented by Mulli.
“Indeed, we had indicated that we intended to bring some witnesses in the case but when we engaged them, they expressed doubt, in terms of recalling the events. You know, the matter has taken over 10 years and, so, they were not very sure, in terms of chronology of events.
“So when we assessed [the situation], we thought that their evidence may not be worthwhile and opted to close [the issue] because what Mr Mulli, our sole witness, has presented was enough to make our case,” Khonyongwa said.
Among other things, the State wants the court to order National Bus Services to pay a fine of K8 billion plus interest for allegedly operating bus depots and workshops illegally.
High Court Judge Violet Chipawo has since given the State 30 days to make its written submissions, after which the defence would be given 60 days to make its submissions.
The two sides are expected to make oral submissions in court on May 9 2024.
During hearing of the case, Mulli insisted that government gave his bus company the bus depots and workshops.
According to Mulli, National Bus Service, which was a product of a Public Private Partnership agreement, got blessings to occupy the bus depots from the Public Private Partnership Commission and the Ministry of Finance.
He told the court that there was a meeting at the Ministry of Finance involving the then minister of Finance Goodall Gondwe, then secretary to the Treasury Randson Mwadiwa, Stuart Malata and Victor Lungu and bus company representatives, where it was allegedly agreed that the bus company be granted authority to operate the bus depots and workshops.
He added that the Public Private Partnerships Commission also issued them a letter to that effect.
But Attorney General Thabo Chakaka Nyirenda described the way National Bus Services obtained the premises as irregular.
Chakaka Nyirenda insisted that Mulli produces the document from the Treasury or minutes of the meeting at which officials arrived at that decision.
On July 28 2022, High Court judge Mandala Mambulasa ruled that National Bus Services be dispossessed of the five depots and workshops and ordered local councils to take ownership of the structures
