Mchacha’s land acquisition case returns to court in Sept

Malawi: Taxpayers in Malawi may have to wait a little longer to learn the truth in the case of former Transport and Public Works Minister Charles Mchacha, who is accused of illegally acquiring land in Blantyre's Kanjedza Forest Reserve, writes Watipaso Mzungu

Despite the Anti-Corruption Bureau (ACB) arresting Mchacha in November 2020 on suspicion of using shortcuts to acquire land in the said forest, the Bureau has made no progress in prosecuting the case.

On November 29th and 30th, 2020, ACB arrested Mchacha, who is also a member of Parliament for Thyolo West Constituency, and Bright Kumwembe.

Despite an objection from the defence lawyer, Chancy Gondwe, the then Senior Resident Magistrate Shyreen Chirwa committed the case to the High Court of Malawi. Since then, Malawians who pay their taxes have not heard anything about the progress ACB is making on the case.

However, on Tuesday, ACB Principal Public Relations Officer, Egrita Ndala said that "the case in the Republic versus Charles Mchacha is in Court."

“It was in Court last month and was adjourned to 2 to 4 September. Please take note that when a case is in court, it is outside the control of the Bureau. There are three parties involved. These are the Court, the prosecution and the defense. Any of these three has a bearing on the progress of the case,” said Ndala.

Before being formally charged, Mchacha's lawyer, Gondwe, objected to the idea of referring the case to the High Court before some legal processes in the lower court were completed.

According to ACB publicist Ndala, the ACB received a complaint on February 12, 2020, alleging that the Department of Lands leased Plot Number LW 1366 (Kanjedza Forest) belonging to the Department of Forestry to Charles Mchacha without following proper procedures.

ACB investigated the complaint and determined that Mchacha induced public officers to perform their functions corruptly in relation to the lease grant.

He was later charged with inducing a public officer to perform corrupt functions in violation of Section 25A (2) of the Corrupt Practices Act.

Kumwembe, on the other hand, was charged with giving false information to the ACB and neglect of official duty, both in violation of Section 14 (1) (a) of the Corrupt Practices Act and Section 121 of the Penal Code.

The two were taken to the Lilongwe Magistrate's Court and granted bail after meeting the following bail conditions:

• Produced a cash bond of MK500, 000.00 each

• Produced one surety, each bonded at MK500, 000.00 not cash.

• Surrendered travel documents to Court.

• Ordered to report at ACB offices once every fortnight on Fridays.

• Ordered not to interfere with state witnesses.