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State wants Sithole property forfeited

The prosecution has asked the court to impose a sentence of six to eight years imprisonment with hard labour for money laundering and forfeiture of property on former government accounts assistant Victor Sithole, convicted of being found in possession of stolen money and illegal possession of forex.

Money laundering has a maximum sentence of 10 years imprisonment and a fine of K2 million, being found in possession of money suspected to have been stolen attracts a fine while illegal possession of foreign exchange attracts a fine of K10 000 and maximum imprisonment of two years.

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

The Lilongwe Magistrate’s Court found guilty on the three counts involving money found in his possession amounting to K112 million, $31 850 and 122 000 rands in September last year, which the prosecution wants forfeited to government.

State prosecutor on Cashgate cases, private practice lawyer Kamudoni Nyasulu, appealed to Lilongwe senior resident magistrate Patrick Chirwa that Sithole should be punished appropriately because he had neglected his civic duty by running unregistered businesses, ending up with unexplained millions which he used to finance a lavish lifestyle not befitting his financial status.

Nyasulu said Sithole had testified that he used part of the money, which he claimed did not belong to him, to pay three months advance rental totalling K750 000 for a house in Area 47; paid K200 000 each to seven people to buy produce for him and owned a Toyota Vitz, where some of the money was found.

“Even as the State has prayed to the court to forfeit the seized money to government, it is also considering applying to court to recover from the accused the tainted money amounting to K2.1 million and the vehicle [Toyota Vitz],” Nyasulu said in response to the defence’s submissions.

In his 48-page submission, Nyasulu also asked the court to pass sentence by assessing Sithole’s culpability and harm his actions caused.

On the harm Sithole caused, Nyasulu said the offence was committed during the period which Malawians have come to know as Cashgate, when individuals and government officials are alleged to have defrauded government of billions of taxes.

But Sithole’s lawyer, Ted Roka, asked the court to look at general principles of sentencing on the offence of money laundering in the absence of guidelines.

He also asked the court not to impose maximum sentences, which he said are reserved for worst offenders.

The defence also appealed that whatever sentence would be imposed if at all should run concurrently as per Section 17 of the Criminal Procedure and Evidence Code or even consider suspending the sentence since he had already spent one year in custody.

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One Comment

  1. Tonsefe timaba inde koma sithole amaba mozikonda ngati kulibe mawa therefore he should be punished severely kuzikonda kwantundu wanji kumeneko

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