Freeway for Israeli spy firm P130M suit as court trashes NPF case?
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The recent High Court National Petroleum Fund (NPF) judgement by the Court of Appeal may have smoothly cleared the way for the Israeli spy company, Dignia System currently seeking an order compelling the DIS and the Attorney General (defendants) to accept delivery of the remainder of the orders under the contract and pay them USD 11 320 000.00 (over P130 million).
The government has been pinning their hopes on the court challenge, hoping for the NPF transactions to be declared illegal to give force and legitimacy to their refusal to accede to the Dignia Systems demands. Unfortunately, the apex court has ruled that the states NPF transactions challenge were nothing but a guessing game backed by no evidence. The case has been thrown out paving way for the defendants and accused in many cases pending before the courts, including the one in which Dignia systems wants its millions from government.
In the Dignia case, the state argues that the NPF amount of P230 Million having been disbursed in an irregular manner or as an illegal transaction painted every subsequent transaction flowing from it with the same brush of illegality and subsequently as proceeds of crime. The states contention in the Dignia case is that the NPF money was requested by the former director-general of Intelligence Services, Isaac Kgosi, to construct petroleum facilities and was to be received from the Fund manager, Kgori Capital.
But surprisingly, P230 million was disbursed from the Fund account held with Stanbic Bank Botswana to an account held by Khulaco PTY LTD, a private persons account at a capital bank at the instruction of Kgosi-hence the state alleging that irregularities and illegalities marred the processes.
The DISS has suspended the Dignia System contract arguing that it was invalid as the methodology used in the transaction does not conform with provisions of the Public Procurement and Asset Disposal Board, which a procuring and disposing entity should follow. Insiders say should Dignia win their case, the current bill against the state could sky rocket given the period upon which Dignias has had to wait. The 5 year interest, equipment storage costs and many others factors, they say, could leave the taxman financial hamstrung.
Not only that, this is a reputable firm and could sue for their name being dragged in the mud as a result of political battles which they could argue did not have to affect their dealings or contract with the government, further revealed our source. The Directorate of Public Prosecutions, Stephen Tiroyakgosi has said they will be analysing the apex courts ruling upon which they will advice themselves as the state on the way forward. Could this mean backtracking on many decision made as a result of the NPF case including suspension of the Dignia Systems deal, only time will tell.
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Malawi appeals for help over Cyclone Freddy at PAP
As of yesterday evening, the death toll from the Cyclone in Malawi had risen from the initially reported 190 to 225 in a short period of time, over 20 000 people have been displaced, and the worst of fears are yet to come as the fatalities continue to mount. This was reported by a Malawi Member of Parliament attending the Pan African Parliament session in Midrand, South Africa, Hon Steven Mikiya.
Mikiya was giving a statement on behalf of Malawi as the ongoing Pan African Parliament in South Africa.
Mikiya said the Cyclone has wreaked the most havoc in our country’s Southern Region. “The Southern Region, has been hardest hit with widespread heavy rains and strong winds. This caused a rapid rise in water levels and subsequent flooding. Meanwhile, power supply has been disrupted, roads blocked off and rendered impassable and mudslides have also been widely reported,” he said.
He made a special appeal to the PAP: “Where I come from, there is a parable which I would like to share with you which says, “mzako weniweni umamudziwa panthawi ya mavuto.” Simply put, a friend in need is a friend indeed or put loosely, a person who helps at a difficult time is a friend you can rely on.”
Mikiya continued: “Yes! Misfortune has knocked on our door and left in its wake a trail of death and destruction that may take years to fully recover from. However, amidst these difficulties, I have every reason to believe that sometimes when you are in a dark place and think you have been buried, you have actually been planted. My belief, Mr. President, arises out of my faith in this gathering and out of the conviction that it is not coincidental that Cyclone Freddy hit Malawi and Mozambique while the delegations of both countries are here.”
According to Mikiya, the level of destruction, the loss of life, property and the decimation of the entire fabric of established communities has been unprecedented. He noted that all this, is coming at a time when Malawi was starting to show signs of recovery from the deadly COVID-19 pandemic that also came hard on the heels of Cyclone Ana and Cyclone Gombe that left a similar trail of devastation and destruction in Malawi and neighbouring countries.
As of Sunday, this week, from the 12th of March, Malawi and Mozambique have been facing the devastating effects of Cyclone Freddy that made a landfall over Mozambique on Saturday the 11th and reached Malawi by Sunday the 12th of March.
The Malawi legislator said he has absolute faith in the Pan African Parliament, which he described as “a league of nations brought together by a shared ancestry, history, identity as well as our beloved continent which we inhabit”.
Meanwhile, Malawi President, Lazarus Chakwera, has declared a State of Disaster in the affected areas effectively appealing for local and international support for the affected families.
Mikiya appealed to the Pan African Parliament drawing “positive” inspiration from Europe which rallied around Turkey after the destructive earthquakes to bring the much-needed relief and humanitarian aid to the people of Turkey.
He said Africa should demonstrate to the world that the African Union and its Organs are not mere talk shows, but effective institutions which stand up when it matters most.
“Alone, it may take us a lifetime to fully recover, but together, in the Pan-Africanist spirit of Ubuntu, our lives and livelihoods will return to a semblance of normality in record time. This is the time to live by our operative mantra, “One Africa, One Voice.” Mikiya concluded.