Businessman Leston Mulli, his brother Felton, Joseph Khupe and Leonard Kandoje are challenging, by way of judicial review, their arrest and prosecution in a case involving facilities they obtained from the Reserve Bank of Malawi (RBM) provision of farm inputs under the defunct Farm Inputs Subsidy Programme.
Leston runs Mulli Brothers Limited, Felton runs FF Trading, Khupe is the director of Web Commercials while Kandoje is the sole proprietor of a company called Rock Ba Rock.
They are all challenging Inspector General of Police and Director of Public Prosecutions’ decisions to arrest and institute criminal proceeding on them, saying they were not supposed to be arrested for failure to meet contractual obligations.
Their lawyer, John Kalampa of Ritz Attorneys at Law, said RBM already commenced civil proceedings in which it is demanding the money it feels it is owed by the four companies in relation to the same transactions.
“Essentially, the matters are contractual in nature and there is absolutely no reason to have them arrested and the commercial division of the courts is already dealing with the issues; so, we feel that the arrests are meant just to oppress them,” he said.
But Attorney General Thabo Chakaka Nyirenda said the four were not arrested for failure to meet contractual obligations but rather the commission of crimes.
Judge Mandala Mambulasa has since reserved his ruling to a later date.