Why Trial of Five Women Accused of Forex Externalisation Has Stalled for Nearly Three Years

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By Suleman Chitera

Nearly three years after five women were arrested at Kamuzu International Airport (KIA) over allegations of externalising foreign exchange and laundering money, their trial is yet to commence, raising fresh questions about delays in the country’s justice system.

The women were arrested in 2023 by the Financial Intelligence Authority (FIA) upon their return from Dubai, United Arab Emirates, where they had travelled on what they described as a business trip.Inside the Amaryllis Hotel Scandal: The Multi-Billion Kwacha Deal That Shook Malawi

Their arrest followed the discovery of 338 Automated Teller Machine (ATM) cards in their possession, a finding that investigators suspected was linked to the illegal externalisation of foreign exchange and money laundering.

At the time of their arrest, the women denied any wrongdoing, maintaining that the ATM cards belonged to fellow members of the Chipereganyo Village Savings and Loan Association (VSLA). They claimed the members had entrusted them with the cards so they could purchase goods in Dubai on their behalf.

The case quickly attracted national attention because of the unusually large number of bank cards involved and growing concerns over foreign exchange leakages, which have been a major challenge for Malawi’s economy.How Malawi’s gold is secretly flowing out to Isreal— and why authorities remain silent

However, despite the public interest surrounding the matter, the case has yet to proceed to trial.

Responding to questions over the prolonged delay, National Police spokesperson Lael Chimtembo said the matter was initially handled by the Magistrate’s Court before being committed to the High Court in Lilongwe, where it is currently awaiting trial.

According to Chimtembo, the delay is largely due to the complexity of the case and the extensive amount of evidence that needs to be presented before the court.

He said prosecutors have lined up more than 40 witnesses, making the case one of the more complex financial crime prosecutions in recent years.

In addition, several procedural applications filed by the defence have also contributed to the slow progress of the proceedings.President Mutharika Urged to Revoke Nir Ges’ Diplomatic Passport Amid Outgoing MCP Scandal

The lengthy delay has sparked debate among members of the public and legal observers, with some questioning whether justice is being served efficiently in high-profile financial crime cases.

Under Malawi’s legal system, cases involving complex financial investigations often require detailed examination of banking records, financial transactions, digital evidence and witness testimony, processes that can significantly extend the time required before a trial begins.

The High Court is expected to determine the allegations against the five women once the matter is scheduled for hearing.

Until then, the accused remain presumed innocent unless and until proven guilty by the court.

The case continues to be closely watched as it could have significant implications for Malawi’s efforts to combat illicit financial flows, money laundering and the illegal externalisation of foreign exchange.