In his ruling, Presiding Judge Charles Mkandawire found Phiri and Chiunda guilty of ignoring a court order issued by Malawi’s Supreme Court of Appeal which required of them to apologise to the public of procuring and disposing off farm machinery that included tractors bought with approximately K37 billion ($50 million) of borrowed funds.

The two officials through their private practice lawyer Chancy Gondwe, asked the court to hear their side of the case before handing a custodial or non custodial sentence against them. It later transpired that the two officials applied for the dismissal of the case.

The State in its application highlighted that it complied with the Supreme Court Order in issuance of a public apology hence saw it unnecessary for the Court to proceed with the contempt of court proceedings.

Ruling on the case made on October 22 2019, Mkandawire dismissed the application and ordered the State to pay costs of the application in court.

The learned Judge observed that though there was some degree of compliance but there were still grounds for hearing contempt of court case.

Said Mkandawire: “What counsel is touching on is the central pillar of this case and it is the issue that awaits the court’s enquiry. It is, therefore, unfortunate to hear from counsel that there is no need for enquiry now.

“I do not want to be tempted to enter into the horizon of discussing the substantive issue here. It is, however, very important to remind counsel for the respondents that the judgment and orders of the Supreme Court of Appeal contained specific time frames.”

Earlier on the Ombudsman Martha Chizuma welcomed the ruling, saying: “My office is now waiting for the court to set a date for a hearing on the matter.”

“The Office of the Ombudsman asked the High Court to hear the Ombudsman’s application for contempt of court order against two principal secretaries for allegedly disobeying a court ruling relating to disposal of tractors bought using public funds. The hearing will now be on the substantive contempt proceedings.”

Some facts of the case indicate that on February 11 this year, the Supreme Court ordered the two public officers to issue a public apology for buying equipment that was archaic and sitting idle and deteriorating, thus unnecessarily indebting Malawians and for the illegal selling of the tractors.

As early as 2016, revelations of faulty procurement and dubious disposal of the tractors and 144 maize shellers came to light. The equipment was part of the Green Belt Initiative to put about one million hectares under irrigation. However, only 77 tractors were put to use while 100 were sold unprocedurally.

Thereafter, an investigation was instituted that culminated in a report titled: “The Present Toiling, The Future Overburdened” in which the Ombudsman highlighted cases of gross maladministration. The office of the Ombudsman demanded an apology from controlling officers at the two ministries.