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Government seeks to confiscate Cashgate convicts’ properties

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The government of Malawi wants to confiscate property owned by two Cashgate convicts Victor Sithole and Wyson Soko to recover public funds.

According to a court application dated February 6 2015 seen by The Nation, government seeks to recover K40 million (US$84 926) from Wyson Soko who has since been given a seven-year sentence and Victor Sithole, who is currently serving a nine-year sentence.

 Sithole (C) during an earlier court appearance
Sithole (C) during an earlier court appearance

“Take notice that the Director of Public Prosecutions [DPP] will apply to the courts an order that the tainted property in this case be confiscated to the government and or in the alternative and pecuniary penalty order for monies expended on rental and purchase produce,” reads the letter addressed to private practice lawyer Raphael Kasambara who represented Sithole.

Sithole’s property in question, currently being held by government, include K112 400 000, $31 8500,122 200 South African rand, found in his possession. There is also a Toyota Vitz vehicle, K750 000 paid in house rentals and K1 400 000 paid to seven men to buy produce.

In an interview yesterday, Kasambara said he had not received the application and could therefore not comment.

In a second application, the State is seeking to confiscate Wayambanso General Supplies, Wayambanso Panel Beaters and Spray Painting, Mercedes  Benz and Toyota Fortuner vehicles to recover the K40 million  from Soko.

Chief prosecutor Kamudoni Nyasulu, who confirmed the application, said government will try all it can to recover the stolen money.

He said: “The companies can be run or sold. What government wants is to recover the stolen money.”

In September, Sithole was found guilty on three counts of illegal possession of forex and possession of property suspected to have been stolen, which have attracted punishments of one year imprisonment each and money laundering which has attracted seven years imprisonment with hard labour.

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