By Cathy Maulidi:
The corruption case involving former Cabinet ministers Joseph Mwanamvekha and Nicholas Dausi has been adjourned to August 30 to allow them to attend Parliament business.
Dausi and Mwanamvekha are answering corruption charges in relation to a procurement contract, which was not budgeted for, between the government and United Arab Emirates company, One Guard FZE, for the supply of uniforms and equipment to the Malawi Prison Service.
Dausi is alleged to have committed the offence when he was minister of Homeland Security while Mwanamvekha is alleged to have committed the offence when he was Minister of Finance.
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Speaking after court chamber deliberations, lawyer representing Dausi Cassius Chidothe said the accused persons applied to be allowed to attend to Parliament proceedings in Lilongwe.
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“Parliament is in session and the accused persons are attending to Parliament proceedings; so, they can’t be coming to court. We requested the court to allow them to attend to the proceedings and come back when Parliament rises,” Chidothe said.
Chidothe said the law permits members of Parliament not to appear in court while Parliament is in session.
“The law is clear that if a Member of Parliament is attending to Parliament proceedings, they are not supposed to be appearing before a court,” he added.
When the case returns to court after Parliament has risen, Chief Resident Magistrate Madalitso Khoswe Chimwaza is expected to give directions of the case after the Anti-Corruption Bureau (ACB) requested that the case be referred to the High Court Financial Crimes Division.
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ACB lawyer Benjamin Mandala did not object to the application but asked for an early date for resumption after rising of Parliament.
“The law allows MPs to attend to Parliament despite the fact that they are answering criminal charges in a court of law,” Mandala said.
Dausi and Mwanamvekha were arrested last year alongside former Ministry of Homeland Security principal secretary Samuel Madula, another former PS for the same ministry Kennedy Nkhoma and former Ministry of Homeland Security deputy secretary Patricia Liabuba, who are also suspects in the matter.
