By Mercy Matonga:
The office of the Director of Public Prosecutions (DPP) is in talks with businessperson Shaffe Chunara for a possible out-of-court settlement in the K5 billion cement importation case, sources close to the matter have confided in The Daily Times.
Chunara was arrested in 2020 alongside former president Peter Mutharika’s bodyguard Norman Chisale, State Residences director Peter Mukhito and Malawi Revenue Authority deputy commissioner Roza Mbilizi for allegedly abusing Mutharika’s taxpayer identification number (TPIN).
The four were accused of using the TPIN to import cement worth K5 billion duty-free.
It is unclear if the discussions are involving the other accused persons.
- Advertisement -
But the source said the talks could lead to charges against Chunara being dropped if the two parties agree that he pays back the money the State allegedly lost.
Tuesday, DPP Masauko Chamkakala could neither confirm nor deny that the talks were happening.
“We do not comment on ongoing discussions or negotiations,” Chamkakala said.
Quizzed on whether his office could list all cases under review, the DPP said the office could only do so after the Legal Affairs Committee of Parliament reviews them.
- Advertisement -
- Advertisement -
“The protocol is that we only discuss these after the Legal Affairs Committee has concluded its processes. Otherwise, doing so would pre-empt their process,” Chamkakala said.
Mukhito’s lawyer Shadreck Mhango said he was not aware of the discussions as far as his client is concerned.
The DPP’s office has, in recent times, withdrawn criminal proceedings in some high-profile cases to allow for out-of-court settlements.
It has also discontinued some cases on grounds that evidence is not adequate.
On May 20, Chamkakala is expected to meet the Legal Affairs Committee to provide reasons for the discontinuance of the cases.
The committee’s chairperson Peter Dimba is on record as having said the DPP would have to account for the exercise of his powers in accordance with Section 101 (2) of the Constitution.
Under the law, the DPP has powers to discontinue any criminal proceedings at any stage before judgement and is required to give reasons to the committee within 10 days for purposes of accountability.
