In July, 2020, The ACB arrested Dr. Jean Chifundo Mathanga, John Kandulu, Fanuel
Nkhono and Emilias Kandapo on issues surrounding procurement at ESCOM and took
them to court. Before trial commenced, the accused persons argued that they had
been wrongly charged by the ACB as public officers. They argued that ESCOM is a not
public body based on the ruling by Justice Mbvundula in The Republic v Kandionamaso
Padambo, in Criminal Appeal No. 91 of 2009.
The state argued that among others, ESCOM Ltd is a public body as it is fully owned
by the Malawi Government with a shareholding of 100%.
On 25th May, 2021, the High Court in Blantyre ruled that Electricity Supply Company
of Malawi is a public body. Justice Silvester Kalembera ruled that “All in all, ESCOM
Ltd is a State-Owned company hence a public body. Being a public body, its
employees are public officers in as far as the CPA and the Penal Code are
concerned. So too members of its Board are public officers.”
The accused will appear in Court from 9th to 12th June, 2021 for trial.
All correspondences to be addressed to the Director quoting our reference numbers
EGRITA M. NDALA
PRINCIPAL PUBLIC RELATIONS OFFICER
FOR: DIRECTOR GENERA
