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DPP drops charges against 2 in cement case

Director of Public Prosecutions (DPP) Masauko Chamkakala has discontinued charges against two businesspersons, Mahmed Shafee Ahmed Chunara and Ahmed Mohammed Chunara in the cement importation case.

The duo was among five individuals suspected of abusing former president Peter Mutharika’s presidential privilege to import items duty-free for personal use.

In an interview yesterday, Chamkakala confirmed discontinuing the case against the two, saying: “They have admitted liability to the tax infractions and are paying the tax and penalties as prescribed under the relevant tax laws.”

Chamkakala: They are paying penalties

On the exact amount to be repaid, the DPP said he needed to verify.

Under Section 99(2e and 3) of the Constitution, the DPP has the authority to discontinue any criminal proceedings at any stage before judgement and must provide reasons to the Parliamentary Legal Affairs Committee (LAC) within 10 days for accountability purposes.

The remaining suspects in the case include Mutharika’s former bodyguard Norman Paulosi Chisale, former director general of State Residences Peter Mukhito and former Malawi Revenue Authority (MRA) deputy commissioner general Roza Mbilizi.

Documents filed in the High Court in 2022 revealed that between November 2018 and December 2019, Mahmed Shafee Ahmed Chunara allegedly imported 1 250 770 bags of cement duty-free, claiming it was for Mutharika’s personal use. The law permits the President and the Vice-President, among other public officers, to import certain items for personal use duty-free.

The court documents further indicate that Chunara’s transactions allegedly evaded a payment of K3.2 billion in customs duty to the MRA. Additionally, Chisale, Mbilizi, Mukhito and businessperson Mohammed Chunara were accused of importing cement using Mutharika’s taxpayer identification number (TPIN).

High-profile cases discontinued during the past 12 months include the K1.7 billion corruption case involving former president Bakili Muluzi. The DPP already presented a report to LAC on the Muluzi case and gave an account for the discontinuance.

The others are the K16.5 billion tax-evasion case involving Mapeto David Whitehead and Sons (DWS) Limited executives and two MRA customs officers, the State versus former vice-president Cassim Chilumpha and the State versus three directors of Paramount Holdings Limited.

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