State adds Goodall Gondwe, others to Mulli case
Former minister of Finance Goodall Gondwe may have died in August 2023, but that has not stopped the State from adding him to an amended charge sheet in the conspiracy to defraud the Malawi Government case.
The departed economist and politician is the new addition alongside other undisclosed individuals in a case over an arrangement to have a K5 billion loan extended by the disposed Malawi Savings Bank (MSB) repaid over a 50-year period.
The case also involves former secretary to the President and Cabinet Lloyd Muhara, businessperson Leston Mulli and former Secretary to the Treasury Cliff Chiunda.

When the matter came for hearing in the High Court of Malawi Financial Crimes Division in Lilongwe yesterday, former director of public prosecutions (DPP) Kamudoni Nyasulu, who is leading the State team, submitted the amended charge sheet and added that the law allows for the inclusion of other accused persons without mentioning their names.
He told the court: “Most of the transactions, he [Gondwe] was at the centre of it. He signed most of the documents and he was involved in the negotiations, so when you say conspiracy it cannot be one person on their own, they must be the person with whom they are conspiring.
“Unfortunately, the person the accused were conspiring with is dead, but we have to show it was more than one person talking and arranging this and that is why we have to include him and the law allows it.”
However, the defence submitted that the particulars of the conspiracy charge were too broad and contravened framing rules.
In response, Nyasulu said the specifics were contained in the prosecutor’s brief.
But one of the defence’s lawyers and former Attorney General Kalekeni Kaphale pointed out that the brief Nyasulu referred to was not part of the official charge.
Here, the State conceded and agreed that the particulars needed revision.
On its part, the defence also filed an application for a constitutional referral before the Chief Justice, arguing that prosecuting a company for negotiating payment terms is in bad faith and amounted to an abuse of the court process.
Kaphale wondered whether only the government could negotiate debt terms without facing consequences while private individuals are criminalised for the same actions.
He said: “The accused are being discriminated against because of their status. Is it only the government that can negotiate for a reduction of debt and not an individual?”
Further, the defence also requested a permanent stay of the criminal proceedings until a ruling by the Constitutional Court.
But Nyasulu, in response, said the basis of the criminal charges was different from negotiations and debts because debts are negotiated by the Attorney General, not the DPP.
The court has since reserved its ruling on the objections raised about the formulation of the amended charge sheet. Presiding judge Violet Chipao said she would rule on the two applications on March 5 2025.
Mulli and Muhara were arrested in 2022 and granted bail while Chiunda was added as a third accused later the same year.
In the initial charge sheet, Mulli, who trades as Mulli Brothers Limited (MBL) Holdings, faced charges of conspiracy to defraud while Muhara was charged with conspiracy to defraud and abuse of office. The offences are believed to have been committed in 2019.