Fake Malawi Gin producers fined K3.6m

Ntcheu Magistrate’s Court has fined Shavison Chibayo and Karishma Machewere K3.6 million for being found guilty of producing ‘fake Malawi Gin’ whose original patent is owned by Castel Malawi.

The two were arrested in October 2022 at Tsangano Turn-off Trading Centre in Ntcheu District. They were charged with three counts, namely sale of goods in bottles marked with owner’s name contrary to Section 18 of the Merchandise Act, counterfeiting a trademark contrary to Section 388 (1) (b) of the penal code, and false application of a trademark contrary to Section (51) (1) (a) of the Trademarks Act.

They pleaded guilty to all three charges after being found with 23 bottles of 750ml Malawi Gin, food colours and four drums of ethanol.

In his ruling on Tuesday, senior resident magistrate Joshua Nkhono slapped Chibayo with a K2 million fine or in default serve 36 months in jail on the third count and K70 000 fine or in default serve four months in jail on the first count and a 12-month custodial sentence but suspended to 24 months on the second count.

The court also sentenced Chibayo’s wife, Machewere, K1.5 million or in default serve 24 months in jail on the third count and another K70 000 fine or in default serve four months in jail on the first count and six months custodial sentence but suspended to 24 months on the second count.

Nkhono ordered that the fines should be paid within seven days after which the default sentence will take effect from the date of the pronouncement on October 17 2023.

The prosecution team comprising Noel Misanjo and Davis Njobvu argued that what the two did was a health hazard to consumers.

Castel Malawi human resource and corporate affairs director Gloria Zimba expressed satisfaction with the court’s ruling.