Four years after the State concluded its case, former Army Commander General Henry Odillo (retired) and three others will only know their fate in a K2 billion Cashgate case next month.
In an interview yesterday, High Court of Malawi and Malawi Supreme Court of Appeal chief registrar Innocent Nebi confirmed that the case was awaiting ruling.
“The ruling is expected to be delivered mid next month,” he said.
However, he did not give reasons for the prolonged delay by presiding High Court of Malawi Financial Crimes Division Judge Redson Kapindu.
Titus Mvalo, now Minister of Justice | Nation
The State completed parading its witnesses in March 2021.
In the case that started in 2016, Odillo alongside his former deputy at Malawi Defence Force (MDF), Clement Kafuwa, former Accountant General David Kandoje and businessperson Ganizani Kuchombo are accused of fraudulently paying arms supplier Thuso Group about K2 billion for a non-existent contract.
By press time at 9pm yesterday, Anti-Corruption Bureau (ACB) spokesperson Egrita Ndala had not responded to our enquiry on both the delays and the scheduled ruling.
But a comprehensive review of all Cashgate cases that ACB conducted in April 2023 showed that prosecuting agencies and courts were yet to move on over 70 cases 10 years after revelations of abuse of public resources at Capital Hill in September 2013, called Cashgate, emerged during the Joyce Banda administration.
The review also found that there were 29 dockets from 2011 Cashgate files, including for cases proposed for discontinuation.
On the other hand, from the 2013 Cashgate cases, there were 79 dockets of which 59 are with the Directorate of Public Prosecutions (DPP) and 20 with the graft-busting agency.
High-profile Cashgate cases in progress include one against fugitive former Ministry of Finance budget director Paul Mphwiyo and 18 others accused of a role in the alleged fraud of K2.4 billion.
By October 2024, the Office of the Ombudsman had 83 files of complaints about delayed delivery of judgements, including one that had taken 29 years for the country’s courts to conclude and deliver judgement.
The 29-year-old case was lodged with the office in 2008 against the Blantyre Magistrate’s Court for alleged delay in issuing a judgement.
In December 2019, one senior judge of the High Court had about 20 pending judgements, some of them dating back to 2001.
Yesterday, Malawi Law Society (MLS) president Davis Njobvu said the issue of delayed judgements was frustrating for all court users and highlighted that the previous leadership embarked on a number of initiatives to address the issue.
In a written response, he said: “As the new MLS leadership, we plan to review what further efforts we can contribute to build on the strides so far made and to operationalise the systems introduced in the Judicial Service Administration Act. We will definitely not rest until the issue of delayed judgements is put behind us.”
Reacting to the delayed delivery of justice, Youth and Society executive director Charles Kajoloweka said the trend was a reflection of a sad, but lived reality and experiences of the country’s justice system.
He said: “It smacks of a failed accountability system. We can only hope that the establishment of the Financial Crimes Division [of the High Court] and recent reforms in the Judiciary will strengthen redress of these unacceptable levels of unaccountability.”
Commenting on the same, Centre for Human Rights Education, Advice and Assistance (Chreaa) executive director Victor Chagunyuka Mhango described the delays as a breach of constitutional rights.
“Delayed justice erodes public confidence and disproportionately harms marginalised communities lacking resources to endure lengthy trials,” he said.
Mhango called for urgent judicial reforms, stressing the need for accountability, efficiency and adequate resourcing to restore faith in the rule of law.
On Monday this week, The Nation reported that one year on, the Mzuzu Senior Resident Magistrate’s Court is yet to deliver its judgement in an abuse of public funds case against former Mzimba Hora legislator Christopher Mzomera Ngwira and councillor Dan Nkosi.
The delays contradict the Judiciary’s own commitment to have judgements delivered within 90 days of conclusion of hearing.
In July 2023, Chief Justice Rizine Mzikamanda told our sister paper, the Weekend Nation that apart from the Judiciary putting in place measures and mechanisms to ensure speedy delivery of judgements, Parliament passed into law the Courts Act that mandates judicial officers to deliver rulings within 90 days or face disciplinary proceedings.
