Buluma responses ‘bother’ defence
Former National Oil Company of Malawi (Nocma) deputy chief executive officer (CEO) Helen Buluma yesterday came undercross-examination from defence lawyers in a fuel procurement contracts case,but the lawyers largely felt she was evading questions.
Buluma is a second witness for the prosecution, the Anti-Corruption Bureau (ACB), in the case where former minister of Energy Newton Kambala, former presidential adviser Chris Chaima Banda and Alliance for Democracy president Enock Chihana are accused of attempting to influence award of fuel procurement contracts in 2021.
Standing in the witness box before Lilongwe chief resident magistrate Madalitso Chimwaza, Buluma faced the defence legal team, but the lawyers expressed concern over the manner she was answering the questions.
The defence lawyers’ concern promptedthe chief resident magistrate to repeatedly remind Buluma that she needed toanswer questions based on instructions.
The lawyers were particularly worried that where Buluma was required to answer ‘Yes’ or ‘No’, she insisted on providing explanations and in some cases fired back questions at the defence.
Midway through cross-examination in the afternoon session, one of the defence lawyers Khumbo Bonzoe Soko stopped abruptly, about 15 minutes before 5pm, after the witness asked questions in return or provided unsolicited explanations.
Soko had asked Buluma to explain the meaning of the word “oversee” as one of the functions of the minister.
When Soko read out a definition from the Cambridge online dictionary, the witness said she partly agreed with the definition, but later said she totally disagreed with the whole definition.
Responded Buluma: “Is this the only definition in there? …because other dictionaries can define it differently… It depends on context.”
This did not please Soko, prompting him to complain to the presiding officer: “Your Worship, I end here. You see how I am struggling with the witness.”
Earlier, another defence lawyer Bright Theu also requested the court to ask the ACB to advise the witness to handle questions as required and distinguish opinion from facts.
But lead State prosecutor and ACB director-general Martha Chizuma said the defence raised questions based on opinions, as such, the witness was at liberty to respond as she felt.
However, Chimwaza agreed with the defence’s concern and advised Buluma to follow instructions when responding to questions.
“You can only make an explanation where you are required to do so,” said the magistrate.
Buluma also told the court that she did not think she was part of the rubble President Lazarus Chakwera had referred to when he directed Nocma board to “clear the rubble” at the State oil company.
She said her understanding of the statement’s had nothing to do with her appointment or position.
“It was not about me, but the rubble,” Buluma told the court.
When asked how she maintained her position as deputy CEO after the President’s ultimatum to the board, chaired by then Secretary to President and Cabinet Zanga-Zanga Chikhosi, to fire her, Buluma said she would not know because she was not the SPC.
During cross-examination by another defence lawyer George Mtchuka Mwale, Buluma told the court that she was not aware ofany call for application or advertisement for the post of Nocma deputy CEO, saying she was ‘head-hunted’.
The matter has since been adjourned to December 5 2023 when other defence lawyers, including Wapona Kita, Gilbert Khonyongwa and Robert Nthewa will cross-examine her.
Buluma is the second witness after an official from the Public Procurement and Disposal of Assets Authority (PPDA)went through a similar process last year.
