The High Court in Lilongwe has discharged former Malawi minister of finance Joseph Mwanamvekha from accusations of providing false information to the International Monetary Fund (IMF) regarding the Extended Credit Facility (ECF) after the state failed to provide evidence.
Mwanamvekha together with the former Reserve Bank Governor, Dalitso Kabambe and Henry Mathanga, were arrested in 2021 on suspicion that they gave IMF false data that made it believe that Malawi was meeting conditions of the $108 million Extended Credit Facility (ECF) which led to the IMF cancelling the facility.
Later, Mwanamvekha through his lawyer asked the court to discharge him from the case, arguing he had no involvement in the alleged offenses claiming he was not employed at RBM during the period in question, but instead he held position of Minister of Agriculture.
In his judgment delivered on Tuesday 9 January, 2023, Judge Redson Kapindu, said there was insufficient proof to convict Mwanamvekha and therefore it would be unrealistic to pursue charges against him.
Kapindu said the State had demonstrated an inability and unwillingness to proceed with the case against the former finance minister, as stipulated in section 247(1) of the Criminal Procedure and Evidence Code, hence discharging Mwanamvekha.
“In the present case, given the affidavit in response filed by the State, this Court concludes that the prosecutor (the State) is both unable and unwilling to proceed with the case against the 1st Accused person, in terms of section 247(1) of the CP & EC.
“The Court therefore hereby discharges the 1st Accused person, Hon. Mr. Joseph Mathyola Mwanamvekha, from the present prosecution, and I so order,” reads part of the judgment.
The court further said in terms of section 247(2) of the CP & EC, this discharge shall not operate as a bar to any subsequent proceeding against the former finance minister, if commenced within twelve months of the date of the discharge on account of the same facts.
It is further said that at the expiry of such period, if such subsequent proceeding against Mwanamvekha is not commenced, the discharge shall become absolute and shall operate as an acquittal for all purposes without further reference to this Court.
