ONE MORE SATTAR CASE IS ABOUT TO BE KILLED AS THE STATE PLANS TO DROP EX-POLICE CHIEF’S FOOD RATIONS CASE.

Irate civil society groups blame President Lazarus Chakwera for abandoning the fight against corruption, saying all is being sanctioned from above and are now challenging the President to declare an end to the fight against corruption   

Former Police Chief George Kainja (right) pictured escorting President Lazarus Chakwera is about to walk to freedom from the Zuneth Sattar-connected food rations corruption case

JULIUS MBEŴE

IRATE civil society groups have demanded that President Lazarus Chakwera declare an end to the fight against corruption as the Platform for Investigative Journalism (PIJ) can exclusively reveal the state is about to drop the prosecution of former Inspector General of Police George Kainja in connection to the Zuneth Sattar investigation.

While the civil society groups want the President to write the epistle on the grave site of the anti-graft fight, PIJ can exclusively reveal that the state has certainly written its submissions to drop yet another Zuneth Sattar-related case amid political pressure to kill off the menacing state capture investigation, case by case.

According to multiple sources, PIJ has spoken to, the State–the Anti-Corruption Bureau (ACB) and the Director of Public Prosecutions (DPP) have reached an agreement to drop the high-profile prosecution of Kainja who was answering charges related to the USD785 million (approximately 14 billion kwacha) procurement of food rations Sattar-owned Xaviar Limited. 

Kainja’s case centers around allegations of corruption and misconduct related to the awarding of the contract to supply 300,000 food rations between March and October 2021.

The case, which also involves other senior police officers: Mwabi Kaluba, former Deputy Commissioner and Service Legal Officer, and Patrick Lupoka, a Senior Superintendent and Procurement Officer at that time, was back in court on Monday this week at the Financial Court under Justice Anneline Kanthambi.

But the State immediately sought an adjournment in the case, telling the court there were ongoing discussions with the DPP on the case. The court adjourned the hearing of the matter to 10th February 2025.

According to Section 77 of the Criminal Procedure and Evidence Code, the DPP has powers to enter discontinuance in any criminal proceedings, and at any stage thereof either by stating in court or informing the court in writing before judgment is pronounced.

While the State did not expound in court what those discussions were all about, multiple sources confirmed to PIJ that ACB and DPP have agreed to discontinue the case and on Monday, the ACB was supposed to present a certificate of discontinuance of the case which by that time they were yet to obtain.

Director of Public Prosecutions (DPP) Masauko Chamkakala (centre) 

The sources did not indicate the grounds the State will present in court for the discontinuance.

ACB spokesperson, Egrita Ndala, said she was not aware of the development when contacted. She told PIJ: “I didn’t hear. I don’t know. What I know is what I am officially told and I usually communicate through a statement but not what people are saying out there.”

DPP Masauko Chamkakala has not responded to PIJ questions sent on Monday.

Clear pattern 

The moves follow a well-established pattern in all the Sattar-related cases with the high profile cases involving late Vice President Saulos Chilima, and current  Chief of Staff to the President, Prince Kapondamgaga, all being killed while in court, despite the Bureau's legal and investigations teams being confident of a court victory.

Sattar’s once-frozen assets have since been returned to the businessman, and his companies, once publicly disbarred from doing any government business, have since been awarded new contracts. The President’s Chief of Staff was allowed to return to the seat of power with a wrist slap, returning a vehicle suspected to have been corruptly acquired from Sattar while resuming his job as the President’s main handler.

Civil society groups have expressed dismay over the development but said the move was in line with a pattern of discontinuances of all corruption cases particularly those connected to Sattar. 

Governance watchdog groups squarely blamed President Lazarus Chakwera for undermining the fight against corruption.

“We are not surprised based on the pattern of discontinuance of cases by the Director of Public Prosecutions,” said Charles Kajoloweka, Executive Director for the Youth and Society (YAS). “President Chakwera must declare that fighting corruption is no longer part of his agenda.” 

Centre for Human Rights Rehabilitation (CHRR) Executive Director Michael Kaiyatsa said the move was part of a general trend and specifically faulted President Chakwera for lack of leadership in the fight against corruption.

“This is a very worrisome development, we cannot continue to discontinue cases and claim to be fighting corruption, this is covering corruption,” said Kaiyatsa. 

Centre for Human Rights Rehabilitation (CHRR) Executive Director Michael Kaiyatsa

“It's a trend,” said Kaiyatsa, “It shows the government is not committed to the fight against corruption. The president is not serious in fighting corruption.” 

He added that the country needs to review the powers of the DPP to discontinue cases, saying the current trend has raised eyebrows.

From trucks to dollars kickbacks

Kainja is alleged to have demanded a Scania lorry or tipper of 25 to 30 tonnes from Sattar to influence the awarding of the contract while Kaluba is accused by the ACB of corruptly obtaining $20,000 from Sattar in exchange for drafting a letter used to justify the selection of Xaviar Limited in response to queries from the Public Procurement and Disposal Authority (PPDA) and Lupoka is accused of receiving $10,000 from Sattar.

Reads particulars of one of the offenses: “GEORGE KAINJA, being a person employed in the Malawi Police Service as Inspector General, in between March and October 2021, in the City of Lilongwe, in the Republic of Malawi, corruptly solicited for himself an advantage namely a Scania lorry or tipper of 25 to30 tonnes from Zuneth Sattar, Managing Director of Xaviar Limited on account of using his influence in the procurement of a contract between Malawi Police Service and Xaviar Limited, reference number MPS/SB/16/04/2021, for Xaviar Limited to supply to Malawi Police Service 350,000 food ration packs worth USD7,875,000.00, by unlawfully initiating a requisition of the procurement on instruction of the said Zuneth Sattar.”

In April this year, the United States Government announced public designations of Kainja and Kaluba alongside others as generally ineligible for entry into the United States due to their involvement in significant corruption.  

Reads the Department of State statement: “The United States stands with Malawians working towards a more just and prosperous nation by promoting accountability for corrupt officials, including advocating for transparency and integrity in government procurement processes. These designations reaffirm the United States’ commitment to counter corruption, which stifles economic growth and development, hinders investment, and erodes trust in government.”

The National Crimes Agency (NCA) in the UK which also investigated and arrested Sattar, the 43-year-old Malawian-born businessman in October 2021, is yet to formally bring charges against him in court. 

This article was produced by the Platform for Investigative Journalism (PIJ), an independent center for investigative journalism. PIJ is committed to professional and ethical journalism.