by Steven Nhlane, Africa Press Bureau, South Africa, October 1997
THEME = PERSONALITIES
Fear of receiving a raw deal has never caused so much consternation
as now - to the extent that the relatives, the Chendawaka family
of Kasungu, have engaged a legal firm to look after the investments
and property the retired president amassed during his 31-year
rule.
"The family has the responsibility both under custom and legislative law to look after Kamuzu's assets, as they cannot leave these obligations entirely to employees", said Khuze Kapeta, a partner in the law firm Benhard and Harris.
The Chendawaka family, Banda's paternal relatives, suspects that the Kadzamira family and the Dedza clique which has always been very close to the former president, have been helping themselves to millions of dollars from his assets.
The Dedza clique includes Cecilia Kadzamira, who was Banda's official hostess, companion and confidante during the entire 31 years he ruled, and opposition Malawi Congress Party (MCP) Vice- President John Tembo, who is an uncle to Kadzamira. Banda is not married.
The other interested party in Banda's assets is the MCP, the political party that Banda helped found and run, after he returned from exile in 1959. It is believed to be funded by Banda's vast investments and other assets.
Even after losing his shareholding in the Press Trust, the profit fund of Press Corporation Limited, Banda is still the richest man in Malawi. His investment portfolio covers diverse areas, such as estate farming throughout the country, real estate as well as printing and publishing. He owns the biggest printing press in Malawi. Like most African presidents of the older generation, he also has substantial investments and bank accounts overseas.
The move by the Chendawaka family to engage a lawyer, has been prompted by the recent mortgaging of the Chayamba Building, Banda's office complex in Blantyre, to secure a loan of 1.5 million dollars from the Commercial Bank of Malawi.
Kapeta said the family is worried about the deal, and questions the manner in which it may have been struck. However, he declined to comment on the mortgage but said action would be taken against the bank, if it was discovered that the deal was not above board.
"The family has also questioned the management of some of Banda's real estate property, such as Chibisa House in Blantyre, and other assets situated in Malawi as well as overseas. The family has taken cognisance of these public concerns, as it is part of our instructions to examine all these purported actions," Kapeta said.
Another interested party in Banda's investments and assets, is the government. It has said that it has a responsibility to protect Banda and his property due to his position as a former head of state.
However, the government's interest in the property is double-edged, and mainly aimed at weakening the opposition MCP, which is alleged to be receiving funding from Banda's assets without his consent. The government wants to block this funding.
Kapeta said the Chendawaka family has had access to some memoranda, which had been couched in language, seemingly to influence the now 100-year-old Banda to make decisions on matters too complex for him to understand, given his advanced age.
He also said the government has a responsibility under the law to protect Banda's assets, because he is the retired president of the country, and under Act Number 24 (the Presidents, Salaries and Benefits Act), various responsibilities are spelt out governing the retirement of a former head of state.
The government could, therefore, not be expected to ignore the need to support the Chendawaka family in its efforts to protect Banda.
Due to his old age, senility and poor health, the Malawi High Court earlier this year discharged Banda from what the government's chief prosecutor, Kamudoni Nyansulu, described as "a master fraud charge". Banda, Kadzamira, Tembo and another MCP official, Louis Chimango, who were all trustees of the Press Trust in 1985 when the fraud is alleged to have been committed, were accused of defrauding the trust of 10 million dollars.
This was on the pretext of using the money for running Kamuzu Academy, the grammar school which Banda built in his home district, Kasungu, in central Malawi, and modelled on British grammar schools.
Medical experts also certified Banda unfit to stand trial in person, in 1995, in another case in which he was charged with murdering four politicians in 1983 with Kadzamira, Tembo and a number of policemen.
The two incidents have put Banda's poor health in the limelight, and rekindled people's curiosity as to what will happen to his property. In the process, this has pitted his relatives and other interested parties against each other in a war of words.
Banda's relatives recently accused the management of Mudi Residence (where Banda stays), of trying to block their efforts to visit the old man, a charge, the Mudi administration denied.
For the time being, the verbal war rages on. However, as long as Banda is alive, all the interested parties will have to hold their breath because nobody knows what lies in Banda's will.
Unfortunately, this will not be known until he dies. And that is really when a do-or-die battle will start.
END