The Lilongwe Chief Resident Magistrate’s Court says it will on October 27 2022 decide the fate of the National Oil Company of Malawi (Nocma) fuel import contracts case.

The court is set to make the ruling following an application by the defence to have it discharged due to perceived delays by the State to prosecute the matter within a reasonable time.

Kambala during his previous court appearance

One of the defence lawyers, George Mtchuka Mwale confirmed in an interview yesterday that the court virtually met on October 11 2022 and heard the application to discharge the case as filed by former presidential aide Chris Chaima Banda.

Banda is the third accused person in the case where former minister of Energy Newton Kambala is the first accused and Alliance for Democracy president Enoch Chihana is the second accused.

The trio is accused of trying to influence a public officer in the procurement of fuel contrary to provisions of the Corrupt Practices Act.

Banda wants the court to discharge the case pursuant to Section 247(1) of the Criminal Procedure and Evidence Code .

In an earlier interview, Banda’s lawyer Wapona Kita argued that the State violated his client’s constitutional right to be tried within a reasonable time.

He said: “This is due to State witness Hellen Buluma’s unwillingness to appear in court for cross-examination on the evidence she gave.”

Anti-Corruption Bureau (ACB) spokesperson Egrita Ndala had earlier indicated that the graft-busting body was going to object to the application.

In August last year, ACB arrested the trio for allegedly influencing the procurement of fuel through Nocma and were granted bail on August 11 2021.

During hearing of the matter in June, the court heard a recording of a conversation between Nocma deputy chief executive officer Helen Buluma and Chaima-Banda. The former presidential aide is quoted as having said that President Lazarus Chakwera had settled for a company called Finergy to be one of the suppliers of fuel to Nocma.

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