The High Court sitting in Lilongwe has discharged former minister of Finance Joseph Mwanamvekha from a case in which he was accused of misreporting government finances to the International Monetary Fund (IMF).
Judge Redson Kapindu said in his ruling that the State had failed to prove the case against Mwanamvekha, who served as Finance Minister during Peter Mutharika’s administration under the Democratic Progressive Party.
Mwanamvekha, former Reserve Bank of Malawi (RBM) governor Dalitso Kabambe and RBM deputy governor Henry Mathanga were arrested for allegedly misreporting Malawi’s Net International Reserves and the Gross Reserve Liabilities during the period spanning 2018—2019.
In June 2022, Mwanamvekha applied to the court to discharge him from the case, arguing that the State had failed to present any evidence against him.
In his ruling, Kapindu faulted the State for failing to show any evidence against Mwanamvekha and wondered whether the State arrested him without evidence and hoped to investigate him later.
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The discharge applies to Mwanamvekha only, but the State is allowed to bring fresh charges within 12 months to resume the case.
“A discharge… shall not operate as a bar to any subsequent proceeding against the accused commenced within twelve months of the date of the discharge on account of the same facts, after which period the discharge shall become absolute and operate as an acquittal for all purposes,” the ruling reads.
Director of Public Prosecutions Masauko Chamkakala said he could not comment on the development as he had not read the ruling.
Mwanamvekha referred us to his lawyer, Kalekeni Kaphale for a comment.
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When contacted, Kaphale expressed satisfaction with the ruling.
“There was nothing linking Honourable Mwanamvekha to the case. He has never worked for [RBM].
“There was no evidence at all that he interfaced with anyone at [RBM] and it came out as a surprise that he was linked,” he said.
