Chilima faces multiple counts

The Anti-Corruption Bureau (ACB) yesterday arrested Vice-President Saulos Chilima and slapped him with six counts of corruption for allegedly receiving a $280 000 (about K290 million) bribe from businessperson Zuneth Sattar to secure government contracts.

The Vice-President was later released on bail, whose conditions include a K1 million bond, surrendering travel documents, reporting to ACB every three months, and only leaving the country upon the court’s approval.

He has been charged with three counts of corrupt practices by a public officer contrary to Section 24(1) of the Corrupt Practices Act; two counts of receiving advantage for using influence in regard to contracts contrary to Section 29 (1) (b) of the Corrupt Practices Act.

The sixth count is failing to make a full report to a police officer or an officer of the ACB that an advantage had been corruptly given contrary to Section 36 (1) of the Corrupt Practices Act.

The charges were laid out at the Chief Resident Magistrate’s Court in Lilongwe, about seven hours after he was arrested in the morning, before facing a lengthy interrogation at the ACB head offices.

Clad in a black suit, a sky-blue shirt and a dotted red neck-tie, Chilima arrived at the court in a Toyota Land Cruiser and his security had to break through a barricade of cheering sympathisers to clear a path into the courtroom.

The companies under question are Xaviar Limited and Malachitte FZE, which were awarded military equipment and food ration contracts at the Malawi Police Service (MPS) and Malawi Defence Force (MDF).

Reading the charges, chief resident magistrate Madalitso Khoswe Chimwaza said Chilima received the alleged bribe between March 2021 and October 2021.

“Saulos Klaus Chilima, being a public officer holding the office of Vice-President of the Republic of Malawi…corruptly received for himself a total sum of USD280 000.00 from Zuneth Sattar as an inducement for the said Saulos Klaus Chilima.

“…to use his influence in assisting Malachitte FZE to be awarded a contract Ref No MDF/DOL/Armoured Personnel worth USD19 993 600.00 (around K20.6 billion) by the Malawi Government for the supply of 32 Armoured Personnel Carriers to the Malawi Defence Force,” she said.

The other contract at issue is an K8.1 billion supply of food rations to the MPS.

“Saulos Klaus Chilima, being a public officer holding the office of Vice-President of the Republic of Malawi, between March 2021 and October 2021 in Lilongwe District corruptly received for himself a total sum of two hundred-and-eighty thousand United States dollars ($280 000.00) from Zuneth Sattar

“…as a reward for the said Saulos Klaus Chilima to assist Xaviar Limited to be awarded the food ration packs contract Reference Number MPS/SB/16/04/2021 worth USD7 875 000.00 by the Malawi Government for the Malawi Police Service,” Chimwaza read out.

Chilima’s lead lawyer George Mtchuka Mwale said his client did not take plea as they wanted to have enough time to analyse the charges and advise him accordingly.

In a brief interview after the being freed, Chilima, said he could not comment on what transpired during the interrogation and the proceeding charges.

“I will not comment on that. It’s not appropriate to do that. Let me say I should comment until when it is right to do so,” he said.

After leaving the courtroom, the Vice-President also addressed his supporters, acknowledging their presence and wished them a “nice weekend”, amid cheering.

Meanwhile, the ACB has asked the court to commit the case to the Financial Crimes Court with a resolution set to be made in future.

The bureau’s director of legal and prosecution Chrispine Khunga said ACB has beefed up its prosecution team with experienced private practice lawyer Mordecai Msisha.

“It’s a big case. Not just because it involves a sitting Vice-President, but because of other issues that require proper consideration. So, we explained two things: One, that the case should go to the High Court, so that a special division of the High Court should look at it.

“We, also, explained to the court that the prosecution team will be led by Senior Counsel Mordecai Msisha, who has already been engaged.

“We plan to bring him because of the experience that he has; the expertise we think he has, which can be gelled and added to internal skills that are there in the bureau,” he said.

The court has since been adjourned to a yet-to-be-set date.

In his national address delivered on June 21 this year, President Lazarus Chakwera disclosed that Chilima was named on the list of civil servants and private sector officers linked to Sattar’s alleged corrupt dealings.

The President, consequently, stripped his second-in-command of all delegated duties pending investigations.