Business mogul Leston Mulli conceded in court on Thursday that National Bus Services Limited, which he owns, never issued a management agreement for bus depots and workshops.
He said the government only entrusted his company with managing the facilities.
Mulli leaves the court after
the hearing on Thursday
Attorney General (AG) Thabo Chakaka Nyirenda dragged National Bus Services Limited to court for allegedly illegally acquiring bus depots and workshops which formerly belonged to State–owned Shire Bus Lines before its liquidation.
Responding to a question during cross-examination by Nyirenda on Thursday in the Financial and Economic Crimes Court in Lilongwe on whether there was any management agreement for the assets, Mulli said he was still waiting for the management agreement.
He told the court that National Bus Services Limited got communication to manage the assets, but never signed any management agreement with government.
“We were waiting for them to prepare. We were reminding them, but we could not force them to do it,” said Mulli.
He said his firm depended on a memorandum of understanding (MoU) with the government for partnership in the establishment of a new bus company and letters from the Public Private Partnership Commission (PPP) to manage the assets.
During the court sitting, Mulli asked the AG if he could go through the MoU to check for a part that gave National Bus Services Limited a mandate to manage the depots.
The AG challenged Mulli that there is no statement about National Bus Services managing depots in the MoU.
“You will not find that in the MoU. I can tell you that even if we give you a week or one month you will not find it,” said Nyirenda.
Mulli perused through the document but said he was unable to find the section that indicated National Bus Services Limited was to manage the assets. But he said he had not gone through the whole document.
He then told the court that there was a verbal agreement with the Ministry of Finance for National Bus Services Limited to manage bus depots and workshops.
He indicated that former Minister of Finance Goodall Gondwe was part of the meeting that agreed that National Bus Services Limited should take over management of the assets.
The AG wondered if there were minutes for that meeting, to which Mulli said the Ministry of Finance was better placed to respond to that. He also quizzed Mulli if there was Cabinet approval on the bus depot deal.
But Mulli said he could not respond on issues involving Cabinet as he was not privileged to take part in such meetings.
The case has since been adjourned to August 1 and 2 for cross-examination and re-examination of defence witnesses.
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