The defence in US$18.3 million contract case between Malaŵi Government and One Guard FZE for the supply of uniforms and equipment to Malawi Prison Service (MPS) has expressed reservations on failure by the State to obtain consent to prosecute the matter.
The displeasure comes in as case failed to commence on Monday because the Anti-Corruption Bureau (ACB) is yet to obtain consent from the Director of Public Prosecutions (DPP).
The matter, which involves two former cabinet ministers – Joseph Mwanamvekha and Nicholas Dausi alongside three others, is in relation to a procurement contract between Government and One Guard FZE for the supply of Uniforms and Equipment to the Prison Service.
In an interview, one of the defense lawyers Kalekeni Kaphale said the way the State is conducting itself in the matter leaves a lot to be desired.
Said Kaphale: “The behaviour of the ACB here is very questionable, they didn’t obtain consent from the DPP to prosecute this matter and yet they managed to arrest our clients.
They have no authority to continue with prosecution yet our clients were arrested and they are on bail, that’s very sad, one would have thought that an arrest should only come after obtaining consent to prosecute.”
Kaphale also expressed discontent over the charge sheet that ACB brought in the court saying it had a lot of errors.
“They are alleging that Mwanamvekha was a minister of homeland security in 2022 and think it’s a mess out there and we have politely asked them to go back and revisit the quality of their work because it looks like they are doing things in hurry,” Kaphale said.