Lilongwe Chief Resident Magistrate Madalitso Chimwaza has ordered the State to amend charge sheet in a $108 million case involving former finance minister Joseph Mwanamveka and former Reserve Bank of Malawi (RBM) Governor Dalitso Kabambe.

The State is suspecting that in 2019, Mwanamveka and Kabambe abused the authority of their offices by falsifying gross liability and net reserve base returns.

The move was made in order to make International Monetary Fund (IMF) believe that government was meeting conditions connected to $108 million Extended Credit Facility (ECF).

As a result of the act IMF cancelled the said ECF to prejudice of the rights of Malawi government.

In her ruling, Magistrate Chimwaza directed that the charge sheet should contain particulars like month in which the alleged offense took place unlike just saying in the year 2019.

She said: “There is no better time to amend the charge sheet than now, and the amended charge sheet should provide reasonable and sufficient information regarding time, place and possible individuals concerned.”

The State has been given 14 days to submit the amended charge sheet and that all three accused persons will take a fresh plea.

Kalekeni Kaphale – one of lawyers representing Mwanamveka said the defense has welcome the ruling.

“We requested the court to order the prosecution to amend the charges so that proper particulars relating to the precise moments or dates when the offenses were committed are indicated as well as the persons that were influenced.

It’s a very important application because Mwanamveka hasn’t always been Minister of Finance, he only became of Finance in 2019 and half-way point of the year yet the indications appear to be that the figures to IMF may have been supplied a lot earlier before his term of office commenced,”

The court turned down an application by the State to adjourn the by saying that right to fair trial is a constitutional right.