By Chisomo Phiri
The Financial Crimes Court is today expected to make a ruling on whether two witnesses associated with the UK’s National Crime Agency(NCA) can testify in the case involving the former Anti-Corruption Bureau (ACB) Director General Reyneck Matemba who is accused of accepting $10,000 in relation to the evaluation of a food rations contract awarded to businessman Zuneth Sattar, who was to supply 350,000 food ration packs worth $7,875,000 to the Malawi Police Service(MPS).
On Monday, the ACB brought two officials from the National Crime Agency as witness, a move that was objected by the accused.
In an interview with local media, the accused, Matemba, sought the court’s guidance on the proper handling of evidence and the inclusion of witnesses adhering to the procedure outlined in the Mutual Assistance in Criminal Matters Act.
“According to section 6 of the Act which I have mentioned, they cannot use that evidence they have to formally request it using the office of the attorney general and not to the Nation Crimes Agency, that’s the central authority for mutual legal assistance” said Matemba.
He raised concerns that the ACB was not following the act’s provisions in this case, leading him to question the disregard for certain legal requirements in the pursuit of due process.
On the other hand, Golda Rapozo, Principal Legal and Prosecution Officer at the ACB, emphasized that, in accordance with the criminal procedure and evidence code, anyone can serve as a witness.
“It is our argument that the Act does not prevent us, it is there to be used in times when we cannot use informal channels, so we were able to get these two people here using informal channels that was possible, if we needed to use formal channels we could have done that” said Rapozo.
Rapozo further explained that the Mutual Assistance in Criminal Matters Act does not prohibit law enforcement agencies from utilizing informal methods to gather evidence, secure witnesses, or present witnesses.
The ruling is expected to be delivered by High Court Judge Justice Violet Chipawo in Lilongwe.
Matemba is also allegedly accused of failing to declare his interest in a board meeting that reviewed and granted a no objection for the Malawi Police Service’s food ration contract despite knowing that the Director of Xavier Limited was Zuneth Sattar.
 can testify in the case involving the former Anti-Corruption Bureau (ACB) Director General Reyneck Matemba who is accused of accepting $10,000 in relation to the evaluation of a food rations contract awarded to businessman Zuneth Sattar, who was to supply 350,000 food ration packs worth $7,875,000 to the Malawi Police Service(MPS).){kind=link}