Attorney General Frank Mbeta has revived Malawi Government’s claim for $309 billion against a US-based mining firm, months after a United States court vacated the case in October 2025.
The Ma lawi Government outsourced the services of a New York-based legal firm, Seiden Law, through which the AG has reportedly submitted fresh documentation classified as “highly relevant” to the case.
In an interview from USA this week, the firm’s senior associate MarcAnthony Bonanno said under Mbeta’s authority they have filed a motion for reconsideration and are presently awaiting the judge’s decision.
Bonanno also said they had additionally filed a notice of supplemental authority where “we submitted a document obtained from the Smithsonian Museum”.
“The new document that we submitted is highly relevant to the issues before the court in this action, including Columbia Gem’s denial that it imported meaningful amounts of gemstones from Malawi,” said Bonanno.
He also said the document shows that the Smithsonian holds a 4.71 carat sapphire in its collection that originates from Chimwadzulu Mine and was sourced by Columbia Gem House.
“We continue to advocate for Malawi in its efforts to obtain documents and information from Columbia Gem House regarding its import and sales records of gemstones mined at Chimwadzulu as these records will directly assist Malawi quantify and determine the potential amounts of unpaid taxes and royalties,” explained Bonanno.
But in an interview, CGH brand and corporate social responsibility manager Natasha Braunwart said the court’s earlier ruling fully vindicated them and “we appreciate its thoughtful consideration of the issues”.
“Columbia Gem House has been a pioneer of ethical gemstone sourcing for over 50 years and Malawi’s false accusations were antithetical to our core beliefs.
“Malawi has, unfortunately, asked the court to reverse its own ruling and we remain confident that the court will adhere to its prior rationale,” said Braunwart through a written response.
The development comes after a United States of America (USA) court halted Malawi Government’s efforts to obtain evidence in connection with a tax evasion probe involving Nyala Mines Limited.
Bonanno has since filed a motion to the US district court for the Western District of Washington at Tacoma to reconsider its stop order granted against Malawi on October 20 2025.
Malawi is demanding $309 billion (K536.7 trillion at current exchange rate) from Columbia Gem House (CGH), a Washington-based gemstone company, in unpaid taxes and royalties.
In the matter, the Malawi Government claims Nyala Mines Limited is a subsidiary of CGH and the US firm had an exclusive agreement with the locally-based mining company to sort, cut and market sapphires and rubies from Malawi.
Nyala Mines Limited has been extracting ruby from Chimwadzulu Hill Mine in Ntcheu and exporting to United States for over 20 years.
According to the US laws, a district court may order a person who resides or is found in its district to produce documents or its testimony for use in a proceeding in a foreign or international tribunal.
Last year, former AG Thabo Chakaka Ny i renda f i l ed an application in the US court seeking an order to compel CGH to release information, under the US law, for use in the criminal litigation.
The reques t to conduct di scover y, which the cour t eventually granted in May 2025, was aimed at establishing the precise quantities and quality of gemstones mined, exported and sold by Nyala Mines between 2004 and 2020.
However, on October 20 2025, the US court vacated its earlier order that had permitted Malawi to seek discovery from CGH, arguing, among others, that it was no longer necessary to grant the same, citing new evidence presented by the US firm.
In its evidence presented to the
court, CGH claimed that, among others, Malawi’s application was politically motivated and or a bad faith effort to harass the firm.
However their motion, Malawi’s lawyers trashed assertions that the application was politically-motivated, arguing that the taking over of the matter by the new AG demonstrated government’s support to the case.
They argued that after Malawi Congress Party (MCP), under whose administration the case commenced, lost the election the new AG instructed them to proceed with the matter.
“Ma lawi ’s new Pres i d ent appointed Mr. Frank Mbeta as Attorney General. Undersigned counsel is following Attorney General Mbeta’s instruction in the filing of this motion.
The motion concludes by requesting the court to reverse the order vacating the discovery and, instead, direct the parties “to meet and confer on the scope of discover y to eliminate the intrusiveness and undue burden concerns”.
For two weeks, Ministry of Justice spokesperson Frank Namangale has not responded to our inquiry on the fresh development to the case despite promising to do so after consulting the AG.
