Court orders forfeiture of Mphwiyo’s house
The High Court of Malawi has ordered the forfeiture of fugitive former Ministry of Finance budget director Paul Mphwiyo’s residential house in Area 43, Lilongwe after he jumped bail.
Making the ruling dated March 28 2024 in Lilongwe, Judge Ruth Chinangwa said Mphwiyo should have known better the consequences of absconding bail on the bonded property.
In determining the matter, the court analysed Section 121 (1) of the Criminal Procedure and Evidence Code(CPEC) which states that where any person is required by any police officer or court to execute a bond, with or without sureties, such police officer or court may, except in the case of a bond for good behaviour, permit him to deposit a sum of money or property to such amount or value as the police officer or court may require in place of, or in addition to, executing such a bond; and such amount or value shall be fixed with due regard to the circumstances of the case and shall not be excessive.
The judge observed that the law allows a court to forfeit property deposited to execute a bond, adding that the forfeiture occurs where the court is satisfied that the conditions upon which the property was deposited have not been fulfilled.
Said Chinangwa: “In doing so, the court ought to record the grounds proving that the conditions upon which the property was deposited were not fulfilled and may call the depositor to show cause why the property should not be forfeited.
“The facts show that the respondent was the depositor of the property in question. He did not present himself at the hearing to show cause why the property should not be forfeited. This court is informed by the State that the residential home on an official search is solely registered in the name of the respondent.”
The ruling further indicates that being a residential family home, the court thought it wise that a submission be made to confirm ownership so that the forfeiture would not affect the rights of the spouse.
“Following the official search of the register owner finds that the house in Area 43 belongs to the respondent and is amenable to be forfeited the same having been bonded on the respondents release on bail,” reads the judgement.
The court last year revoked Mphwiyo’s bail following his failure to report for bail since June 2023.
Subsequently, the court has also ordered for his re-arrest.
Mphwiyo, who is answering corruption charges related to Cashgate, is alleged to have fled the country in June last year, just as the High Court had earlier indicated that it would deliver its ruling on the matter.
His wife reported on June 26 that he was missing and there were suggestions that he may have crossed Malawi borders.
On September 23 2023, Mphwiyo’s lawyer Michael Goba Chipeta told this paper in an interview that he would ask the court to discharge him from the case on the basis that he cannot represent a client who does not exist.
In 2015, High Court Judge Charles Mkandawire ordered that Mphwiyo should travel to South Africa for medical attention on July 19 and return by August 2 the same year. But upon his return, Mphwiyo did not surrender his passport to the ACB.
