Supreme Court upholds forfeiture of Paul Mphwiyo’s bonded house
The Malawi Supreme Court of Appeal has dismissed an appeal filed by Thandizo Verna Mphwiyo against the forfeiture of a house in Area 43, Lilongwe, bonded for Paul Mphwiyo’s bail in 2014.
A panel of nine judges, led by Chief Justice Rizine Mzikamanda, delivered the ruling on December 5, 2024.
The appeal contested a High Court decision by Justice Ruth Chinangwa, which allowed the State to confiscate the property after Mphwiyo absconded, violating his bail conditions.
The court emphasized that the ruling complied with Section 121 of the Criminal Procedure and Evidence Code, which permits the forfeiture of bonded property under such circumstances.
The judges found no merit in the appeal, stating that the depositor, who had the legal right to be heard, was served notice and given an opportunity to present their case.
The Supreme Court upheld the High Court’s decision, confirming that the forfeiture was lawful and within judicial bounds.
The property, valued at MK690 million, is now deemed to belong to the Malawi Government.
This case forms part of broader corruption charges Paul Mphwiyo faces, related to the infamous Cashgate scandal. The matter is pending judgment.
In a press statement, the Anti-Corruption Bureau (ACB) emphasized the significance of the ruling in combating corruption and ensuring accountability.
ACB Principal Public Relations Officer Egrita Ndala noted, “This decision highlights the judiciary’s role in upholding the rule of law and deterring corruption-related offenses.”
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