JB gets order to block access to call logs, citing privacy concerns

Malawi’s former president Joyce Banda has obtained a court order stopping Cashgate suspect and businessperson Oswald Lutepo from accessing her call records.

Both lawyers for Banda, Mauya Msuku and for Lutepo, Oswald Mtupila, confirmed the development in separate interviews yesterday.

Banda’s action followed last month’s High Court ruling that allowed Lutepo to access call logs for Banda, former Ministry of Finance budget director Paul Mphwiyo, former deputy inspector general of police Nelson Bophani and former Justice and Constitutional Affairs minister Fahad Assani.

The call logs were expected to form part of the evidence in Lutepo’s court case where he is charged with alleged looting of billions of kwacha in public resources.

But the former president went to court and obtained a stay order, which effectively stopped Lutepo from carrying out the command.

Msuku said the action by Lutepo would have infringed Banda’s right to privacy.

Said Msuku: “That [obtaining call logs] would have infringed on the privacy of the former president as a citizen of this country. Mr. Lutepo asked for Dr Banda’s call logs uninterrupted from January 1 to December 31 2013. This is not in order because some of the calls might have been to her family members and friends.”

But Mtupila said it was not for the former president to decide on the call logs, but the court.

He also pointed out that although Lutepo asked for all the call logs, only those relevant to his case would be used.

Said Mtupila: “Surely, you cannot expect us to access all the calls because most of them are not necessary. We will only use those that are relevant to the case.”

Yesterday, the case on call logs went to the High Court in Zomba where Banda’s lawyer, Msuku, presented his arguments.

However, Mtupila asked for more time to prepare the response.

High Court judge Redson Kapindu adjourned the matter to October 17 2014.

Billions of kwacha in public funds were allegedly stolen through dubious transactions by civil servants and businesspersons since 2012.

Lutepo, who is one of the suspects, handed himself to police on November 6 2013 and was charged with theft contrary to Section 278 of the Penal Code and money laundering, which is contrary to Section 35(1)(c) of Money Laundering, Proceeds of Serious Crime and Terrorist Act.

He is on a K50 million bail bond.

Lutepo is also allegedly connected to the attempted murder of Mphwiyo and Director of Public Prosecutions Mary Kachale said he would be charged with conspiracy to commit murder.

Lutepo and former president Banda were both members of the then ruling People’s Party (PP) and the former served as director of international affairs before losing his post after his links to Cashgate. Banda remains PP leader.