DEC charges ZNFU officials with theft by public servant and money laundering

September 20, 2016 

ZNFU President Dr. Evelyn Nguleka

The Drug Enforcement Commission has officially arrested two Zambia National Farmers Union (ZNFU) officials for money laundering activities, reports Pan African Radio Journalist Hermit Hachilonde.

In a statement unveiled to the media today the 20th September, 2016, DEC Public Relations Officer Theresa Katongo said Ndambo Evelyn Munkombwe Ndambo, 43, an Executive Director at the ZNFU residing at Farm No. 87a/D/26 Chongwe has been arrested and jointly charged with Dr Evelyn Nguleka, 46, a former President at ZNFU residing at Plot No. 2752, Ndeke Meanwood in Lusaka for theft by public servant, obtaining money by false pretences and money laundering contrary to the Laws of Zambia.

She stated that the Particulars of the offence are that on dates unknown but between 1st November, 2012 and 31st December, 2015 Ndambo Evelyn Munkombwe Ndambo jointly and whilst acting together with Dr Evelyn Nguleka and other persons unknown did fraudulently authorise the transfer of K906, 750.00 ($94,848.00) from the ZNFU account to R.N Parks and Gardens.

Ms. Katongo explained that Ndambo purported to show that the said payments were for landscaping and plumbing works at ZNFU when in fact he engaged R.N Parks and Gardens to carry out construction and landscaping works at his farm in Chongwe.

She further stated that on unknown dates but between 1st November, 2012 and 31st December, 2015 the duo did fraudulently authorise withdrawals of a sum of USD15, 000.00 from the ZNFU Dollar account purporting that the said funds were for various members of staff attending conferences in South Africa when in fact not.

Ms. Katongo also revealed that in the third count, on unknown dates but between 1st November, 2012 and 31st December, 2015 Ndambo Evelyn Munkombwe Ndambo jointly and whilst acting together with other persons unknown did fraudulently obtain household furniture from Décor More Investments Limited valued at K169, 000.00 ($17,677.00) which was paid for by drawing cheques on the ZNFU account.

"The said cheques were meant for procuring ZNFU office furniture but the furniture ended up at Ndambo Ndambo's house”

"The suspects are currently on Police Bond and will appear in court soon” she said

Read More: https://www.lusakatimes.com/2016/09/20/dec-charges-znfu-with-theft-by-servant-and-money-laundering/

Furniture that destroys forests: crackdown on 'rampant' trade in rosewood

Cites summit moves to protect the world's most trafficked wild product by placing all 300 species of the tree under trade restrictions

Rosewood forests are being plundered to feed a booming luxury furniture market in China. Photograph: Wei Peiquan/Xinhua Press/Corbis

Damian Carrington in Johannesburg

Thursday 29 September 2016 12.51 BST Last modified on Thursday 29 September 2016 22.01 BST

Governments have launched a crackdown on the rampant billion-dollar trade in rosewood timber that is plundering forests across the planet to feed a booming luxury furniture market in China.

The Convention on the Trade in Endangered Species (Cites) summit on Thursday placed all 300 species of rosewood under trade restrictions, meaning criminals can no longer pass off illegally logged species as legitimate.

Rosewood is the world's most trafficked wild product, according to the UN Office of Drugs and Crime, accounting for a third of all seizures by value, more than elephant ivory, pangolins, rhino horn, lions and tigers put together.

With a beautiful deep red glow, it is the traditional wood used for elite, classic-style "hongmu” furniture in China: one huge carved bed was on sale recently for $1m. But due to explosive demand from China's fast-growing middle class, the rosewood trade has soared since 2005, multiplying 65 times in value and now worth $2.2bn a year.

As a result, the forests of south-east Asia have been rapidly emptying, peaking in 2014. Traffickers are now targeting more than 80 other countries across the tropics where rosewoods grow, particularly in west Africa but also central America. China's rosewood imports from Africa soared sevenfold between 2010 and 2014, according to a report from Forest Trends, with $216m of west African rosewood imported in the first half of 2016 alone.

 

Loading rosewood on to trucks at the port of Toamasina, Madagascar. Photograph: Alamy Stock Photo

Illegal gangs move swiftly from country to country, felling all the trees they can find and creating devastating boom-and-bust cycles, said the report. "When trees become scarce in one place, or authorities strengthen controls, the shady networks quickly move to another country and the deadly cycle of corruption, violence and forest destruction starts anew,” said a statement from Environmental Investigation Agency (EIA), a Cites participant.

China imported 2m cubic metres of logs and wood in 2014, according to the EIA. This is equivalent to millions of rosewood trees as only the dark, dense heartwood is used: 70-80% of the tree is often wasted.

The devastated forests left behind also no longer provide the charcoal and traditional medicines used by indigenous communities. "It is at the heart of our rural communities,” said Niger's Cites delegate. "The demand from Asia threatens directly threatens their livelihoods.”

Lisa Handy, at the EIA, said: "We are really thrilled [with the new Cites protection]. It's really in the nick of time to save them from extinction. The trade has exploded exponentially in the last decade. Now it really comes down to enforcement.”

The importance of protecting the entire Dalbergia genus of rosewood is that criminals can no longer pass off illegal rosewood as one of the previously unprotected species. "Officials have great difficulty in distinguishing between species,” said Guatemala's delegate to Cites. "It is very difficult for people who are not experts, and even sometimes for the experts themselves.”

"This [summit] will be remembered for rosewood and pangolin protection,” said Brazil's delegate, who said there would have been nothing left within three years without action.

 

Hong Kong customs officials with confiscated Honduras rosewood logs, part of a 92 tonne shipment found in four 40ft shipping containers originating in Mexico. Photograph: Alex Hofford/EPA

The Cites summit also applied new protection to an African rosewood from another genus, known as Kosso, which grows in the dry forests of west Africa. It was barely exported in 2009 but exploitation has since soared and it is now is now the main rosewood timber imported by China. "The forests have been emptied,” said Benin's delegate to Cites.

Some rosewood species can still be logged under the new rules, but will require permits that should only be granted if it is deemed sustainable. The rules could be revisited in the final Cites session next week, but this is unlikely. Rosewood is also used to make some musical instruments, such as guitars, but the new rules will not prevent musicians travelling with their instruments.

The new protections enter into force in 90 days, but need action by individual nations to have an impact. In 2013, Cites gave similar protection to every rosewood species in Madagascar, where rampant logging was taking place.

However, the EIA says the Madagascan government has failed to carry out its enforcement commitments and, in May 2016, UN secretary general Ban Ki-moon called on Madagascar to end corruption and "fight the illegal trafficking of natural treasures”.

Pangolins thrown a lifeline at global wildlife summit with total trade ban

Damian Carrington in Johannesburg;  Wednesday 28 September 2016 16.10 

World's most illegally trafficked mammal wins total ban on international trade in all species under the strictest Cites protection possible

More than 1 million wild pangolins have been killed in the last decade. Photograph: Paul Hilton/WCS

Pangolins, the world's most illegally trafficked mammal, were thrown a lifeline at a global wildlife summit on Wednesday with a total trade ban in all species.

More than a million wild pangolins have been killed in the last decade, to feed the huge and rising appetite in China and Vietnam for its meat and its scales, a supposed medicine. The unique scaly anteaters are fast heading for extinction in Asia and poachers are now plundering Africa.

But the 182 nations of the Convention on the International Trade in Endangered Species (Cites) unanimously agreed a total ban on international trade on all species at the summit in Johannesburg, prompting cheers and applause from delegates.

Cites works to crack down on wildlife trafficking, currently a $20bn-a-year criminal enterprise, and to ensure the legal trade in food, skins, pets and traditional remedies does not threaten the survival of species. The summit also boosted protection for the barbary ape on Wednesday, Europe's only wild primate, and a spectacular-horned mountain goat.

The four Asian species of pangolin - Indian, Philippine, Sunda and Chinese - have been decimated by illegal poaching. The animals breed slowly and are easy to catch - they simply roll up when threatened. "It is an effective strategy against a hungry lion, but a disadvantage when approached by a human collector,” said Nigeria's delegate, who added that the price of pangolin scales has risen tenfold in last five years.

The rampant scale of the black market has been revealed by frequent huge seizures: Indonesian authorities confiscated and burned thousands of frozen pangolins in 2015, while a Chinese ship which ran aground in the Philippines in 2013 was carrying 10 tonnes of pangolin. But traffickers have increasingly targeted the four African species: giant, South African, long-tailed and white-bellied. In June, more than 11 tonnes of pangolin scales were seized in Hong Kong in just two shipments from Africa.

Vietnam's delegate said the upgrading of pangolins to Cites appendix 1 on Wednesday - the strictest protection possible - was critical for the survival of the Sunda and Chinese pangolins in particular, which are critically endangered. The move will pressure affected nations into tougher law enforcement and higher penalties for criminals.

 

Indonesia was the only nation to oppose the new protection for Sunda and Chinese pangolins, while China abstained, noting that pangolins are also caught for bushmeat in many countries and that habitat loss is also a factor. Laos supported the Asian pangolin proposals, but the Guardian revealed on Tuesday how senior Laos officials have cut deals with wildlife traffickers.

 "This is a huge win and rare piece of good news for some of the world's most trafficked and endangered animals,” said Ginette Hemley, head of the WWF delegation to Cites. "This eliminates any question about legality of trade, making it harder for criminals to traffic them and increasing the consequences for those who do.” She said efforts to reduce the demand in China and Vietnam were vital too.

"This decision will help give pangolins a fighting chance,” said Dr Susan Lieberman, at the Wildlife Conservation Society. "The world is standing up for the little guy with this pivotal decision. These species need extra protection and now they will get it.”

Like pangolins, the protection for the endangered barbary ape - the only wild primate in Europe - was increased to the highest level. The population of the ape, found in Gibraltar, Morocco and Algeria, has at least halved in the last 30 years, to as few as 6,500.

Many barbary apes, mostly infants, are illegally captured each year, largely for the European exotic pet trade and to be used as props for tourist photos. Gerben-Jan Gerbrandy, MEP and head of the European parliament delegation to Cites, said: "This is a key next step in protecting a species for which the EU is unfortunately a key destination market.”

Some of the Cites decisions on Wednesday removed existing protection from species where conservation efforts have been successful. South Africa won unanimous support for the removal of the strictest protection from the Cape mountain Zebra. Its population is now growing at 9% a year, with 4,800 living in the country.

The protection for the endangered barbary ape - the only wild primate in Europe - was increased to the highest level. Photograph: Bruno D'Amicis/NPL/Alamy Stock Photo

"It is one of the success stories of large mammals in South Africa” said South Africa's environment minister, Edna Molewa. "It is no longer at risk of extinction.” The looser protection will allow more trophy hunting, which South Africa says provides incentives for conservation efforts on private land.

The wood bison, one of the two subspecies of American bison, was completely removed from the Cites protective list on Wednesday, as its population has grown to 9,000 and is not threatened by poaching. There are about 500,000 American bison in total, far fewer than the 20 million or more that once roamed the continent.

Also on Wednesday, Georgia and the EU gained some protection for the western tur, a mountain goat with spectacular horns found only in the Caucasus mountains. The population of the goat, hunted as trophies, has fallen from 12,000 to 4,000 in Georgia in the last 30 years. Russia, which hosts 20,000 of the goats, had opposed the proposal, arguing the goat was already well protected and that trophy hunting encouraged gave conservation and helped prevent poaching.

South African Chief Justices Forum, Namibia 22-25 Sept 2016

Windhoek, Namibia. The theme of this year's Annual Conference and General Meeting of the South African Chief Justices Forum (SACJF), "Contemporary Issues in the Prevention of Organised Crime”, held from 22 - 25 September 2016, was a follow up to the Regional Judiciary Retreat held in Swakopmund, Namibia in July 2015.

The conference was organised by the SACJF Secretariat in partnership with the Office of the Judiciary of Namibia, the African Programme of the International Commission of Jurists (ICJ) and the Democratic Governance and Rights Unit (DRGU) in the Faculty of Law, University of Cape Town, with technical support from the United Nations Office on Drugs and Crime (UNODC) as well as the Financial Intelligence Centre, a directorate of the Bank of Namibia.

Delivering the keynote address during the official opening of the conference, the Speaker of the National Assembly of Namibia, Professor Peter Katjavivi, said, if organised crime is left unchecked it could have the potential to sabotage national institutions and national security organs to such an extent that states could become ungovernable.

He said dealing with organised crime is complicated in that most of the aspects are intertwined within each other and they are often transnational. Countries have to ensure that they are signatories to international/trans-boundary conventions which can facilitate trans-boundary duality of legislation dealing with organised crime. He went on to say that legislature should ratify international treaties and conventions so that the countries can actively fulfil the requirements of such treaties.

In his welcoming remarks, Chief Justice Peter Shivute of Namibia, added that the current legal system lacked the capacity to deal with the new and complex nature of transnational organised crime. He said that most criminal justice systems are generally unprepared and not well-resourced in the face of challenges posed by organised crime, particularly financial crimes and cybercrime.

Chief Justice Shivute made the comments when he welcomed 12 chief justices and 30 judges from various SADC countries and eastern Africa, as well as a number of non-judicial officers that were invited to share their expertise and experience on issues affecting member jurisdictions, and to discuss matters of common interest.

Various resource persons and experts from the UNODC under the Asset Recovery Inter-Network Agency for Southern Africa (ARINSA), shared their experiences in fighting, amongst others, cybercrime, money laundering, transnational organized crime and terrorism over the two days of the conference. The forum had an opportunity to learn from the experts to better anticipate and prepare for the future. This helped to guide the forum towards advancing regional and continental priorities that are aligned to global trends, which address member countries' needs.

His Honour Judge Michael Hopmeier, of Kingston-Upon-Thames Crown Court in London and Alex Mills facilitated a parallel session for judges from Namibia and Malawi on the proceeds of crime and a plenary session to all judges on money laundering. Both involved a complex case scenario reflecting contemporary concerns, including the movement of money offshore and disguised beneficial ownership through the use of companies and individuals as 'fronts'. The use of role play applications before the judges led to lively and informative discussions about judicial approaches to these developing areas of law.

Experts gave a judicial approach to cybercrime, covering issues that often arise before the courts, including jurisdiction, evidence gathering and presentation, expertise, sentencing and the forfeiture of virtual currencies. Cybercrime is becoming an increasing problem in every jurisdiction and so it was a timely seminar session, and it provided food for thought, particularly on the need for international co-operation in and proper resourcing for cybercrime investigations and prosecutions.

The topics shared included:  

• Financing of Terrorism and Radicalism

• Trafficking in Persons

• Money laundering

• Cybercrime and the Judiciary Responses

• Guidelines on Judicial Appointments in Africa

Mr Mpho Letsoalo, the President of ARINSA emphasized the need for regional and international cooperation through a variety of networks and informal channels such as ARINSA, in order to be able to deal effectively with transnationally organised crimes.   

Key action points that came out of the meeting included:

• Judiciary training in all Southern African countries on financial crimes and cybercrime

• Finalisation of the Judicial Appointments and recommendations

Links to other websites:

https://www.newera.com.na/2016/09/26/legal-system-unprepared-organised-crime-chief-justice/

https://www.newera.com.na/2016/09/26/organised-crime-lead-anarchy-katjavivi/

Suspect Conrad Nambala confesses 'Cashgate' corruption activities: 'I used Yona Kaphantego'

September 14, 2016 Mphatso Nkhoma - Nyasa Times

In  a case in which 14 people, among them government accountants and a private sector individual, are accused of allegedly conspiring to steal K201 million from government in 2011,suspect Conrad Nambala has confessed, to the court how he took part in looting of public money and how he used other suspects.

Cashgate suspects at High Court

According to the charge sheet, the 14 allegedly shared among themselves K201 million between November 2010 and June 2011 and they are jointly charged with conspiracy to commit a felony and money laundering.

But Nambala, who is 9th accused person out of 14n suspects, has written the office of the Anti-Corruption Bureau (ACB) explaining in details how he coaxed fellow accused persons to siphon government money in the ministry of disability where he was working with other co-workmates.

The letter which was presented in the court on Tuesday by the first accused persons Cornelius Kaphantengo, who was director of Nova Technology and General Dealers, who has been charged with conspiracy to commit a felony, theft and money laundering while his wife, Yvonne, is co-accused on the same counts.

Kaphantengo 's lawyer Burton Phiri asked  the court to consider the letter which he said he would like to use during defence stage of his clients.

Among others ,Nambala in the letter he explains in detail how he approached second accused person Yvone Kaphantengo,  who is his sister and her husband Cornelius Kaphantengo,  saying he lied to them that he had won a contract with the government and he wanted to use their certificate as Nova Technologies and General dealers.

He also explains in details how he was distributing the cheques upon cashing the millions among the other accused persons.

But this didn't go well with other legal representatives of some of the suspects who demanded time to study the document which they said they just got it before they entering the court the same day.

They asked for directions to the court if they can be given time to have a look at it before the matter continues as it implicates their clients and they needed to consult them.

But State lead prosecutor in the case, who is also deputy director general of Anti-Corruption Bureau,Reyneck Matemba told the court that the document which Phiri said want to use in defence stage shouldn't derail the case which he said already has taken years.

Matemba said he had no problem for the counsels to consult their clients but wanted the matter to proceed with witness cross examination.

In his rulling, presiding judge Justice Charles Mkandawire said: "I find that much as this document might be useful, it is misplaced at this time as were yet to reach defence stage which has to come after a rulling whether the accused have a case to answer or not.”

Justice Mkandawire also advised all lawyers who hve s issues with the document to hold their patience and wait for defence stage when they shall be given chances to cross examine the author of the letter if he shall stand by his words in the letter or not.
He then ordered that the court should try not to be distracted by the document but that they must concentrate on evidence brought by the ACB officials supported by its documents.

Other co-accused persons are Chikondi Chimutu, whose charge of theft involves K18.3 million of the K201 million, Emmanuel Yesaya whose charge of theft involves K27.4 million, Deusdedit Tenthani who allegedly got a share of K16.2 million, Tendai Nayeja (K27.1 million), Audney Kamitengeni (K9.9 million), Justina Nyirenda charged with abuse of public office as she was an accounts assistant in the Accountant General's office and Squire Chakwana charged with theft of K10.7 million.

Others are Jimmy Mbuliro whose theft charge is K3 million, Wides Machika Mbuliro (K0.5 million), Tapiwa Ng'oma (K9.1 million) and Khumbo Banda (K2.7 million).

During an earlier hearing, the court learnt that subsequent revelations of the plunder of public resources in 2013 dubbed Cashgate was an upgrade of the theft of public money by the suspects from 2011.

In 2013, the shooting of former Ministry of Finance budget director Paul Mphwiyo led to revelations of the plunder of public resources at Capital Hill.

Former president Joyce Banda ordered an audit which British forensic auditor, Baker Tilly, undertook between April and September 2013 which established that about K24 billion was siphoned from public coffers through dubious payments, inflated invoices and goods or services never rendered.

In May 2015, a financial analysis report by audit and business advisory firm PricewaterhouseCoopers (PwC) also established that about K577 billion in public funds could not be reconciliated between 2009 and December 31 2014. The figure has been reduced to K236 billion.

- See more at: http://www.nyasatimes.com/suspect-conrad-nambala-confesses-cashgate-corruption-activities-used-yona-kaphantego/#sthash.0OB2J9qX.dpuf

Foreign banks tighten screws on Zim

September 14, 2016 in News

INTERNATIONAL banks are terminating working relations with their local counterparts, in a move that will affect the importation of cash and payments to foreign suppliers.

BY VICTORIA MTOMBA

In his mid-term fiscal review of the half year Finance minister Patrick Chinamasa said last year there was an ongoing trend whereby international correspondent banks were terminating banking relations with financial institutions in the Eastern and Southern Africa Anti Money Laundering Group (ESAAMLG) member states including Zimbabwe.

"......this is a worrying trend as it undermines global payments systems thereby hindering free flow of international trade and financial transactions. It is a matter that ESAAMLG member states are going to take it up with a view to restoring international correspondent bank relationships,” he said.

Local banks have partnerships with international banks, which were used for foreign payments by customers wanting to buy products outside the country.

Sources said the move will result in banks, making direct cash payments to foreign banks, which means banks will lose income and there was a risk for customers when they move around with huge amounts of cash to foreign countries for payments.

"Banks will also have challenges in importing cash when the correspondent banks terminate relationship, with the local banks,” the source said.

The identities of banks affected could not be established yesterday. But the source said affected banks will not disclose their fate fearing losing business to competitors.

Early this year, Commerzbank terminated its contract with local banks. The German bank was correspondent institution for local banks such as NMB, which had to look for another correspondent bank.

The exit of Commerzbank came after Barclays Plc was fined $2,5 million by the US Treasury Department for processing transactions of individuals, companies and related parties on the US sanctions list. This came after Barclays had assisted the government-owned Industrial Development Corporation to process transactions in the period 2008 to 2013.

"Barclays processed 159 transactions totalling $3 375 617 to or through financial institutions located in the United States -- including Barclays' New York branch -- for or on behalf of corporate customers of Barclays Bank of Zimbabwe Limited that were owned 50% or more, directly or indirectly, by a person identified on OFAC's List of Specially Designated Nationals and Blocked Persons,” the US Department of Treasury said.

The country has a high import bill as most products were not procured locally due to the underperforming manufacturing sector.

Zimbabwe has been facing cash challenges since February this year due to low exports forcing the depletion of money in the nostro accounts.

The central bank attributed the cash crisis to low exports, the increased usage of the dollar due to the depreciation of the South African rand. The Reserve Bank of Zimbabwe has responded to the cash crisis through advocating the use of plastic money, drawing up an import priority list and is set to introduce bond notes next month under a $200 million export incentive facility guaranteed by the African Export-Import Bank.

Fresh arrests loom in Malawi cashgate: Mphwiyo case has taken on board many accused - ACB

September 5, 2016 ; Green Muheya - Nyasa Times

Deputy Director of Anti Corruption Bureau (ACB) Reyneck Matemba, who is also the prosecutor of Cashgate cases, disclosed that a new wave of arrests is looming.

He said ACB will make two fresh arrests of individuals connected to Cashgate and that the bureau will also nab civil servants. Matemba said Cashgate suspects implicated some civil servants who have been investigated and will be arrested.

He said it was "by design” by ACB to handle cases in relation to civil servants at the end of the cashgate trials. "We wanted to deal with contractors first,” said Matemba. "There will be a number of public servants that will have to come in that are not yet arrested,” he added.

Matemba said the case involving former Ministry of Finance budget director Paul Mphwiyo "involves a number of cases that were investigated separately.”

Mphwiyo's case involves K2.4 billion (about $3.6million) theft and money laundering charges Matemba said Mphwiyo is facing charges alongside 18 others, including civil servants such as former Accountant General David Kandoje, Auzius Kazombo Mwale, Clemence Mmadzi and Roosevelt Ndovi. There are also contractors among the accused persons.

Others are George Banda, Michael Mphatso, Samuel Mzanda and Maxwell Namata who are facing charges of fraud, negligence by public office, money laundering, theft by public servant, theft by servant and conspiracy to defraud government amounting to K2 446 817 450.49. "The case has taken in board many accused persons,” said Matemba, adding "with that case, we will be able to deal with a number if cases.”

Forensic auditors from British audit firm, RMS (formerly Baker Tilly), established that under the administration of Joyce Banda, about K24 billion was looted at Capital Hill between April and September 2013 through inflated invoices and payments for goods and services not provided to government. In 2015, a financial analysis by PricewaterhouseCoopers (PwC) also established that about K234 billion in public funds could not be reconciliated between 2009 and December 2014 owing to abuse of the central payment system, Integrated Financial Management Information System .

Western donor nations and agencies, which provide 40% of Malawi's budget, froze vital aid in reaction to the scandal. - See more at: http://www.nyasatimes.com/fresh-arrests-loom-malawi-cashgate-mphwiyo-case-taken-board-many-accused-acb/#sthash.k4cpfZJR.dpuf

ARINSA Breaking New Ground in Madagascar

Antananarivo, Madagascar. In the first ever visit to Madagascar, SAMIFIN (Madagascar Financial Investigation Unit) hosted members from the ARINSA Secretariat for meetings and discussions designed to forge new partnerships between ARINSA and Madagascar.

Madagascar is one of the 17 member countries of East and Southern African Anti-Money Laundering Group (ESAAMLG). Madagascar is also one of the 4 countries in Southern Africa that has not yet joined ARINSA including Angola, DRC and Mozambique. The country has however received previous training from ARINSA and has also attended the Annual General Meeting held in Pretoria in June 2016. Madagascar has been an Observer Member since 2014 and the purpose of the visit was to strengthen the political will and convince the government ministries concerned that joining the network indeed presented the country with invaluable benefits.

Over the course of 3 days in Antananarivo, the capital of Madagascar, the ARINSA delegates participated in a number of high-profile meetings and discussions, including with: the Secretary General in the President's office, the Secretary General in the Ministry of Finance, the Secretary General in the Ministry of Justice, the Committee on Safeguarding Integrity, SAMIFIN and a Representative in the Embassy of France in Madagascar. 

The ARINSA delegation had the opportunity to meet and discuss with representatives why it was beneficial for Madagascar to form part of the only asset recovery network in Southern Africa. Topics of discussion throughout the visit included the need to build strong relationships and partnerships to counter the proceeds of crime and asset recovery, regional challenges and successes, the ARINSA agenda and the future of the network, and the current proceeds of crime and assets recovery landscape in the region.

Madagascar has the political will to join ARINSA as retorted by the Adviser to the Minister of Finance and Internal Audit as well as Representative to the East and Southern African Anti-Money Laundering Group (ESAAMLG), Mr Faly. "We need laws to do asset recovery, and we need to demonstrate that this has been used somewhere else and it can work here. We need ARINSA to help us. We are drafting a new bill on asset recovery and proceeds of crime and we need to pass it,” he said.  He continued to say that as a senior official in the Ministry of Finance he was going to prioritise this and work with the other ministries to make sure Madagascar becomes a member of ARINSA as soon as possible.  

Malawi Court Jails Senior Counsel In High Profile Case

By  MarcFarlane MBEWE in the commercial city, Blantyre Aug 30, 2016

Manondo and Kumwembe will serve 26 years imprisonment with hard labour

The former justice minister of Malawi, Ralphael Kasambara, has been sentenced to 13 years imprisonment for conspiracy to murder.

Kasambara, an ex-Attorney General, was convicted on July 21 for conspiracy to murder the country's ex-budget director, Paul Mphwiyo.

In addition, the High Court in Lilongwe has sentenced, Pika Manondo and McDonald Kumwembe, Kasambara's co-accused, to 15 years imprisonment for the first count of attempted murder and 11 years for the second count of conspiracy to murder.

Judge Micheal Mtambo said the sentences will run successively thus Manondo and Kumwembe will serve 26 years imprisonment with hard labour.

The case resumed on August 30 in the capital following an adjournment on August 22.

Dauka Manondo and Robert Kadzuwa, the other two suspects, were dropped from the case last April 29 after they were found with no case to answer.

The conviction of Kasambara, Manondo and Kumwembe was broadcast live on television and radio, making it the first in Malawi's history.

On the night of September 13, 2013, Mphwiyo was shot by armed men who were lying in wait to ambush him, just outside the gate of his house in Lilongwe Area 43.

When he arrived at the house, the armed men fired several shots at the 37-year-old as he drove in. 

A couple of days after his shooting, stories began to emerge that millions of dollars had been embezzled by officials of the Government of Malawi colluding to defraud the state.

Joyce Banda, former president of Malawi alleged that Mphwiyo was shot because he was on the verge of busting a corruption syndicate.

In April 2012, Banda appointed Kasambara Minister of Justice and Attorney General.

On 10 October, the president sacked her cabinet, dropping Kasambara in the process.  

On 8 November, Kasambara was arrested for allegedly masterminding the shooting of Mphwiyo.

He would be rearrested on money laundering charges in January 2014. Kasambara continues to deny any wrong doing.

The former University of Malawi (UNIMA) law lecturer, served as Attorney General under the administration of late Bingu wa Mutharika.

After which he became the legal representative of Banda who was Mutharika's deputy at that time.

High Court quashes nullification of money laundering count

FAUSTINE KAPAMA | 12 August 2016

 

THE High Court yesterday quashed the decision by Kisutu Resident Magistrate's Court to nullify the money laundering count against former Tanzania Revenue Authority (TRA) Commissioner General Harry Kitilya and two others.

 

Judge Edson Mkasimongwa ruled in favour of Director of Public Prosecutions (DPP), allowing most of the appeal grounds that were lodged to fault the ruling by Principal Resident Magistrate Elius Mchauru on April 27, this year.

"Presiding magistrate erred in law in striking the money laundering count. I see merits in this appeal, which I allow it. Consequently, I quash the decision of the lower court and order that the records be remitted back for continuation of other proceedings,” the judge declared.

The High Court's decision comes just a day after the Kisutu Resident Magistrate's Court in Dar es Salaam dismissed the request by two prominent businessmen, Samwel Shanshasen Lema and Mohamed Mustafa Yusufali to challenge the money laundering count in the 14bn/- tax evasion trial they are facing.

Judge Mkasimongwa ruled that the presiding magistrate erred in law when he "struck out” the charge without assigning reasons as to why he did not invoke the inherent powers he had to order amendments of the charge if at all it was found to be defective.

In his ruling, the presiding magistrate had said that the money laundering charge was defective and confusing, with the accused failing to understand clearly the offence they are specifically being charged with, to prepare their defence.

In his judgment, Judge Mkasimongwa noted that the money laundering count against the accused contained sufficient particulars and elements, enabling them to understand the nature of offence charged.

"If the charge is defective in form as alleged in this case, then the court had inherent powers to order amendments, alteration of substitution without going into the merits,” he ruled. The judge further pointed out that the lower court was right in holding that it had inherent powers to control proceedings before it. Including giving some orders when the need arises to in order to administer justice and prevent the abuse of court process.

"To dispose the court such constitutional powers is to make the court impotent,” he said. In the case, other accused persons are Shose Sinare, former Miss Tanzania and Head of Investment Banking at Stanbic Bank and Sioi Solomon, former Chief Legal Counsel to the bank.

During the hearing of the appeal, the prosecution led by Assistant DPP Oswald Tibabyekomya maintained that the magistrate had erred in interpreting the provisions of section 12 of the Money Laundering Act.

On the other hand, the advocates for the accused persons comprising Dr Ringo Tenga, Majura Magafu and Alex Mgongolwa, had submitted to the contrary, arguing that the money laundering count in controversy had not contained the required elements of the criminal offence.

Money laundering, under the Anti-Money Laundering Act, they said, includes engagement of person(s), direct or indirectly in conversion, transfer, concealment, disguising, use or acquisition of money or property known to be of illicit origin and in which such engagement intends to avoid legal consequence.

They had told the court that for an offence of money laundering to be committed, there must be intention on the part of the accused person to avoid the legal consequences of such action.

The intention therefore forms the basic element in the particulars of the offence. The prosecution charges the accused persons of money laundering allegedly committed the offence between March 13 and September, last year.

They allegedly engaged themselves in a transaction involving six million US dollars by transferring, withdrawing and depositing money relating to that transaction in different bank accounts maintained by Enterprise Growth Market Advisors Limited at Stanbic Bank Tanzania Limited and KCB Bank Limited.

The prosecution claims before the court further that the accused persons ought to have known that the said money was the proceeds of a predicate offence, which is forgery.

Apart from money laundering count, the accused persons are also charged with conspiracy to commit the offence, forgery, uttering false documents and obtaining six million US dollars (about 12bn/-) by false pretences.

Source: http://dailynews.co.tz/index.php/home-news/52613-high-court-quashes-nullification-of-money-laundering-count