By Falles Kamanga
BLANTYRE-(MaraviPost)-Any person is a criminal until the court of law finds him or her guilty and such individuals are always barred from doing business with state agencies.
This is a different case with business tycoon Zuneth Sattar who till now, no governments in the United Kingdom (UK) and Malawi have dragged him to court on suspected corruption.
What we keep on hearing are social media speculations, and court hearsay on other related cases where his name is being tagged but nothing from Malawi’s Anti-Corruption Bureau (ACB) and British National Crime Agency (NCA) have not moved the courts to prosecute him since 2021 (three years down the line) on suspected corruption.
Sattar as a businessman has a right to trade with anyone hence President Lazarus Chakwera’s Tonse Alliance government entered into a contractual agreement through the Malawi Defence Force (MDF) to supply military equipment as he has been offering the same service with previous regimes.
In 2021, Chakwera’s Tonse administration signed a contract agreement with Sattar to provide military equipment to MDF amounting to US$19 million (about MK32 billion) and that treasury paid US$4.9 million.
It is this payout that has ignited an unnecessary public rampage after Platform for Investigative Journalism (PIJ), Daily Times carried out their articles.
Both papers questioned the legality of Chakwera’s Tonse government paying someone whom they did business with while he was being investigated for corruption while his companies were barred from trading with the state.
Both papers portrayed an image as if the Chakwera Tonse government entered into a new contract agreement with Sattar while it was part of a payout in line with the Public Procurement Declaration Asset (PPDA) Act, Section 46 (6) for public convenience.
This Sec 46 (6), stipulates that the Procuring entity (government) can terminate a contract for public convenience, in this regard, Sattar was under investigation therefore government was supposed to terminate the contract but the government just barred any dealings with Sattar.
The Section reads further that, however, if at a time of termination, it is found out that some goods were either already manufactured or under production, then the procuring entity (government) is under an obligation to pay the supplier (Sattar).
So, in this case, it happened that when in 2022, Attorney General (AG) Thabo Chakaka Nyirenda was barring or terminating contracts, the supplier (Sattar) had already produced the equipment and was ready for supply, the government should pay to avoid lawsuits against contract breaching.
This is the reason the Chakwera’s Tonse government is now paying Sattar and MDF is taking delivery of supplied equipment, Armoured Personnel Carriers (APCs) vehicles, and even made an inspection tour to Dubai. Legally, there is nothing wrong with MDF.
Therefore, Chakwera’s Tonse Alliance government paid on the contract entered into a few years ago. Even if the companies were interdicted, or contracts canceled, the process to stop the wheels must be commercially orderly and legal.
This means goods in production or in the process of being delivered, the government must pay for them. Collect them.
Its minister of Defence Harry Mkandawire blindly said governments did not make the payment to Sattar. Minister Mkandawire did not know what he was saying. He created an unfortunate impression that they had something to hide.
On the other hand, ACB and AG did not help matters by feigning ignorance of the payment which was legally bound, and that there was nothing wrong with that payment.
Now, this toothless ACB is in the media again with clouds of noise that the agency is probing the payment. What is Martha Chizuma and ACB probing when the PPDA Act clearly says on procuring entity when terminating contracts?
Till now, Chizuma and ACB with all the evidence they purported to have had, have not charged Sattar or his companies since 2021. This puts government in a limbo. This delay is simply untenable. It’s prejudicial and can successfully be challenged in court.
To say that the Chakwera Tonse government through MDF has stolen US$19 million is legally utter nonsense. The question should have been how much of the amount can be proven as a deliberate overcharging for corrupt purposes.
The leakage of payment to the media had a sinister motive to manipulate public opinion and perception for political mileage gains. That motive is more dangerous.
In the final analysis, to portray this specific contract as a new deal is factually a fraudulent attempt and more revealing of the underlying motive.
There is no issue here at all for some to stand the toll that he has exposed fraud on legally bound matters.
Next time do better and give the public real investigative stories that this!
Disclaimer: The views expressed in the article are those of the author not necessarily of The Maravi Post or the Editor
