As the accused persons in the Cementgate case were about to take plea over two years after their arrest, one of the accused, former President Peter Mutharika’s personal bodyguard Norman Chisale wants the High Court to stay the criminal proceedings.
Chisale, alongside Mohamed Shafee Chunara, Ahmed Chunara, former State Residences director-general Peter Mukhito, former president Peter Mutharika’s former personal bodyguard Norman Chisale and Malawi Revenue Authority (MRA) Deputy Commissioner- General Roza Mbilizi are being accused of playing a part in the importation of K5 billion worth of cement from Zambia and Zimbabwe between 2018 and 2020 using Mutharika’s Tpin.
In February, they failed to take plea because their lawyers were yet to renew their practicing licences.
Through his lawyer Fositino Maele, Chisale argues that there is also another application on the forfeiture of property case in another court.
However, Director of Public Prosecution (DPP) Masauko Chamkakala objected to the application saying there is no problem to have both cases running concurrently.
High Court Judge Chimbizgani Kacheche said he will rule on the matter on Friday.
The Anti-Corruption Bureau (ACB) is also prosecuting Chisale and others, in another case on the illegal use of the taxpayer identification number (Tpin).
In November last year, former DPP Director Steve Kayuni advised the ACB Director Martha Chizuma to withdraw Chisale as a key witness in the taxpayer identification number (Tpin) case which it is prosecuting.
“I, thus, strongly advise that ACB-Tpin matter should proceed without the three MRA managers for the reason that their crucial testimony should be secured for the Cementgate matter; reconsider the NPC [Norman Paulos Chisale] angle as the current form risks three crucial case files as intimated in above.
“The rest, namely, Peter Mukhito, Tadikira Mutharika, Thom Malata [deceased], Gertrude Mutharika, Peter Mutharika, and Roza Mbilizi can proceed as planned by ACB,” reads part of the letter dated dated November 9 2022,
