By Wezzie Gausi:
Attorney General Thabo Chakaka Nyirenda Monday criticised financial and delivery records presented in court in a $456 million defence procurement case involving businessman Shiraz Ferreira of SF International.
He accused the claimant of presenting misleading documentation and failing to account for early payments.
The matter, being heard before Justice Chifundo Kachale at the Commercial Division of the High Court in Lilongwe, resumed with Nyirenda cross-examining the claimant’s witness over alleged discrepancies in delivery dates, payment timelines and missing documentation.
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At the centre of the case is Ferreira’s claim of $6.9 million (about K12 billion) from the Malawi Government for alleged delayed payments related to the supply of military equipment to the Malawi Defence Force between 2012 and 2014.
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Ferreira alleges that his company incurred financial losses due to the delays and is seeking compensation.
During cross-examination, Nyirenda argued that $166 million was paid to Ferreira’s company before a contract dated August 1, 2018 was signed.
He also pointed to a delivery note dated December 18, 2018, four months after the payment, as evidence that the goods were not delivered within the contract terms.
“You are now trying to use a delivery made in December to justify a payment made in August. That is not only irregular; it borders on fraud,” Nyirenda said.
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The AG also questioned a transaction from July 17, 2013, tied to K436 million, which had a handwritten cheque number and lacked original documentation.
Earlier, Ferreira’s lawyer Shabir Khan applied for a one-month adjournment, telling the court that Ferreira was unwell and receiving medical treatment in South Africa.
He said the claimant was expected back in the country by late December.
However, Nyirenda objected to the request, saying the claimant had failed to bring a crucial witness, an accountant expected to be cross-examined by the State, despite the witness reportedly being in the country.
Justice Kachale sided with the State, that the reasons given did not justify a month-long delay and instructed the claimant’s team to bring the witness without further excuse.
“Let the claimant find means and ways to bring the witness to court. We cannot adjourn this matter for one month,” Kachale said before adjourning the matter to this morning for continuation.
