By Chisomo Phiri
The Supreme Court of Appeal through Justice Lovemore Chikopa has on Tuesday declined to stop the hearing of a K4 billion Cashgate case involving former Budget Director Paul Mphwiyo, and 18 others, pending an appeal.
In court, the accused appealed against the refusal by High Court Judge Ruth Chinangwa to re-start hearing the case after having taken it over from Justice Esme Chombo (retired) and after the court concluded hearing the case.
The accused also raised the question of whether or not the High Court has jurisdiction to hear and determine their case.
In his ruling, Justice Chikopa said that the court agrees that the applicants are raising serious issues worthy of consideration on appeal but the court has serious doubts about whether this is an appropriate case in which the proceedings in the High Court before Justice Chinangwa can be stopped pending the hearing and determination of the appeal.
According to Chikopa, Mphwiyo, and the 18 others had plenty of time to have raised the appeal and it could have been disposed of had they acted with speed, hence declined to stay
the proceedings in the High Court.
On 23rd September, 2022, Justice Chikopa also dismissed another application by the Mphwiyo and the 18 others to have their case re-started.
In August 2022, Justice Chinangwe, indicated at the end of hearing the case, that she intends to deliver a judgment is not later than June 2023.
Mphwiyo was arrested in 2014 after being suspected to have played a part in the looting and grand corruption at Capital Hill which, despite being uncovered during Banda’s reign, was believed to have begun before her taking office.
The revelation in September 2013 resulted in the British Government sponsoring an independent audit that focused on transactions made through the Integrated Financial Management and Information System.
