The Financial and Economic Crimes Division of the High Court on Wednesday heard that investigations on businessman Zuneth Sattar stalled when Rayneck Matemba was the Anti-Corruption Bureau (ACB) Director.
Matemba, was arrested in August last year on allegations that he corruptly received USD10,000 as an advantage for the vetting process of the food rations contract from Zuneth Sattar, Managing Director of Xaviar Limited.
He is answering two counts under the offense of failure to declare interest by a public officer contrary to Section 25D (2) (a) of the Corrupt Practices Act (CPA) as read together with Section 34 of the Corrupt Practices Act.
Testifying in court, ACB principal investigations officer Jack Banda further said after Matemba lest the bureau, his successor Martha Chizuma cleared the multi-billion Kwacha Malawi Police Service food rations contract, thereby paving way for one of Sattar’s companies, Xaviar Limited to implement it.
When Matemba, who is representing himself, asked why the bureau vetted and cleared the contract of the company it was investigating, Banda responded that at the time of the approval, the case stalled despite being still alive.
According to the witness, ACB started investigating the company after a National Audit Office (NAO) between 2018 and 2019 submitted files to the bureau which raised a red flag about procurements for several companies, Xavier inclusive.
Banda further told the court that Matemba, as ACB director then, assigned him and director of investigations Dan Mponda to investigate the company. He said as part of the investigations, they travelled to the UK after which a report was submitted to Matemba, before the investigations stalled.
He said in 2021, after ACB received another allegation that Sattar was bribing politically connected person, they searched the house and office of his agent, Ashok Nair where they found a letter dated January 30, 2020 where he told lawyers from UK the Sattar was not under arrest by ACB and any law enforcement agency in the country.
However, Banda told the court that in 2017 when ACB was headed by Lucas Kondowe, Sattar was summoned and questioned in relation to Cashgate.
He was later cleared.
On why the investigations against Xavier stalled, Banda said he had no idea and that he was not stopped by Matemba, when he was ACB director.
ACB Spokesperson Egrita Ndala told The Daily Times that Chizuma cleared the company in 2021 when she was a month old in office.
She said the bureau was not conducting investigations at the time.
Judge Violet Palikena-Chipao adjouned the case to November 21, this year.
