The National Oil Company (NOCMA) fuel contracts case has been adjourned to a later day after state witness Helen Buluma, who is former acting chief executive officer of NOCMA, fell ill at the court in Lilongwe today.
Since Tuesday this week, the defence has been cross-examining Buluma whose complaint to the Anti-Corruption Bureau (ACB) led to the arrest of former presidential aide Chris Chaima Banda, former Energy minister Newton Kambala and Alliance for Democracy president Enock Chihana in 2021 on allegations that they attempted to influence NOCMA to award a fuel supply contract to Finergy.
This morning, ACB director general Martha Chizuma told he court that Buluma is not ready to continue with cross-examination and so is the state. She asked the court to adjourn the matter to a time when the state and its witness are ready.
Chizuma further argued that the defence also in the past called for adjournment of the case even when the state was ready.
In response, one of the defence lawyers Khumbo Soko claimed that Chizuma was trying to run away from cross-examination. He emphasized that the state witness should face the heat.
In a ruling in the afternoon, Lilongwe Chief Resident Magistrate Madalitso Chimwaza rejected the Anti-Corruption Bureau’s request saying the ACB failed to provide valid reasons for adjournment. The magistrate added that the cross-examination did not require special preparation and the witness can do it while seated.
However, the state said Buluma had fallen ill as she was shaking hence had left the court premises in order to see a doctor.
On claims by the defence that Buluma was faking illness as she had been seen moving around the court premises, ACB chief legal and prosecutions officer Imran Saidi said as a human being Buluma can fall ill at anytime.
On her part, ACB director general Martha Chizuma emphasized that Buluma, who resides in South Africa and has come to Malawi for the court case, needed to go to hospital
“This is a woman who is saying if I don’t see the doctor in the next few minutes something will happen. What was I supposed to do? I told her to go and see a doctor,” said Chizuma.
Chimwaza, has since adjourned the case to another day, saying Buluma cannot be forced to testify when she is ill.
Khoswe said that the defence has the right to request a discharge if Buluma fails to show up at the next court hearing.
