Court grants Mphwiyo’s wife passport to travel to SA
The Chief Resident Magistrate Court in Lilongwe yesterday granted an order for the Anti-Corruption Bureau (ACB) to surrender a passport to Thandizo Mphwiyo, wife of fugitive Paul Mphwiyo, to enable her to travel to South Africa.
Chief resident magistrate Madalitso Chimwaza granted the order following an application by Mphwiyo who is answering money laundering and forgery charges.
Mphwiyo’s lawyer Madalitso Kausi refused to comment saying he has no instructions to speak to the media.
In an interview after the ruling which was made in the chambers, lawyer for ACB Ngwambula Nundwe said the bureau submitted that the suspect is a flight risk as her husband absconded bail and is a wanted person.
The lawyer said the court has directed that the passport should be deposited with the Malawian Embassy in South Africa during the time the suspect will be in South Africa from November 26 2023 to December 1 2023.
Said Nundwe: “The bureau felt she may follow her husband. That is why we objected to the application to temporarily release the passport.”
According to a copy of an affidavit in opposition by Nundwe, dated November 23 2023 which we have seen, she argued that the accused might not honour her bail conditions if the bureau releases her passport.
Reads the affidavit: “The accused person was arrested and charged because of the facts emanating from Mr. Mphwiyo’s case. It is the State’s belief that the accused person was involved in her husband’s crimes, hence her arrest and charge.”
A copy of Mphwiyo’s affidavit in support of the application dated November 16 2023, states that in August this year she wrote the ACB director general Martha Chizuma requesting for the temporary release her passport to travel to Addis Ababa, Ethiopia to attend a Power to Youth mid-term review programme but was declined.
Reads the affidavit: “As national program coordinator for Power to Youth program in Malawi, I have been invited to attend the Gender Justice Annual Power to Youth Program Review and Planning Meeting in Johannesburg, South Africa which is to take place from Monday 27th November, 2023 to Wednesday, 29th November 2023.”
A copy of the letter by Chizuma dated August 22 2023 Ref.No: CR/LL/953/2024 which Weekend Nation has also seen reads in part: “The bureau hereby denies your request to travel to Addis Ababa Ethiopia. Your passport will not be released.”
The suspect is alleged to have used a fictitious trust in September 2013 called Good Deeds Trust to buy a house title number Alimaude 12/263 from Geoffrey James Kayanula at K50 million knowingly or having reason to believe that the said price or money were proceeds of a crime.
She is also alleged to have forged a stamp used by government for revenue purposes to stamp the documents of the said Good Deeds Trust.
Her husband, who is answering corruption charges related to Cashgate, is alleged to have fled the country in June this year just as the High Court had earlier indicated that it would deliver its ruling on the matter.
In October this year, the High Court of Malawi revoked Mphwiyo’s bail following his failure to report for bail since June 2023.
Subsequently, the court also ordered for his re-arrest.
