Africa-Press – Malawi. Jackson Msiska, a Malawian who likes to comment on social and political matters, has said the granting of bail to five Mapeto David Whitehead and Sons (DWS) officials last week is bedevilling and “an insult to Malawians,” and has, therefore, called on government to make sure their bail “is rescinded with immediate effect.”
Last week the five—director Faizal Gaffar Latif, managing director Muhammed Gaffar, financial controller Abdul Rashid Bakali, procurement manager Yaseen Muhammed and general manager Martin Mpata—were arrested for an alleged K10.8 billion tax evasion.
‘Fight bail’
In an interview with Nyasa Times on Monday, Msiska said leaving the five scot-free on the pretext of bail was a challenge to Malawians that they can do whatever as long as they have the money.
“An assembly of lawyers from government and the Malawi Revenue Authority (MRA) should fight so that the bail is rescinded because their moving about town is as if they never committed any crime at all. It is even sadder that while these are out of custody, some Malawians are rotting in our congested cells for no crimes at all,” said Msiska.
He said forfeiting the bail would deter “others who think they have all the money to mess up with the law” from doing the same. “It is a lot of taxpayers’ money we are talking about here. Actually, enough money to build a modern district referral hospital,” he said.
According to Nyasa Times’ findings, a hospital can indeed be constructed with K10.8 billion as the new Nkhata Bay District hospital was built with resources amounting to about K14 billion [using the present exchange rate to the US dollar].
‘Tax evasion’
Latif and colleagues were formally charged with 15 counts by chief resident magistrate for the southern region, Jean Kayira, all bordering on tax evasion.
Among the charges were interfering with goods under customs control, smuggling goods, uttering false documents and conspiracy to commit a customs offence.
“Faizal Gaffar Latif and Mohamed Gaffar, being director and managing director of Mapeto [DWSM] Limited respectively, on a day and place unknown between 2016 and 2021, conspired together with Yaseen Muhammad being the procurement manager, Martin Mpata being the general manager; Devchad Purohit being the assistant accountant; Abdul Rashid Bakali, being the financial controller, all of Mapeto [DWSM] Limited as well as with Tsepiso Kaunda and George Mwaluka , both being MRA customs officers, to evade payment of customs duties by importing ready-made and ready-for-consumption fabrics and twine, disguised as duty-free raw materials under industrial rebate, thereby defrauding the Malawi Government of revenue amounting to K1 980 685 404.87,” Kayira had said while reading from the charge sheet. She had then adjourned the case to June 3 2021.
‘Bail’
Blantyre senior resident magistrate, Akya Mwanyongo, granted bail to the five ordering the accused persons to each pay bail bonds of K10 million cash and K50 million non-cash sureties.
Mwanyongo further ordered them to surrender their travel documents and report to Malawi Revenue Authority (MRA) commissioner general fortnightly on Mondays.
But one of the lawyers representing the five, Frank Mbeta, asked the court to reduce the K10 million cash bail bond to K2 million, arguing the amount was on the higher side.
After hearing arguments from the two sides, Mwanyongo granted the defence’s request and reduced the cash bond to K2 million. Among the charges were interfering with goods under customs control, smuggling goods, uttering false documents and conspiracy to commit a customs offence.
‘DPP interested’
Lawyer representing MRA, Beatrice Mwangwela, told the court that the sixth accused person, Purohit, who is Mapeto DWSM Limited assistant accountant, is at large while Kaunda and Mwaluka were released on police bail after being questioned.
She also told the court that Director of Public Prosecution (DPP), Steve Kayuni, and two Financial Intelligence Authority lawyers will join the State in the case. Mwangwela said, after the court session, that the DPP has shown interest in the case due to its magnitude.
