Nanyumbu Second Grade Magistrate Court in Machinga on Wednesday this week convicted and ordered two men, Sipiyodi Akutenga,19, and Muhamad Kaponda, 35, to each pay K450,000 fine in default of 24 months imprisonment with hard labour (IHL) for failing to produce documents relating to purchase or possession of fuel translating to 2,640 litres.
The court, through State Prosecutor, Sub Inspector Precious Makono of Ntaja Police Post, heard that, a team of detectives from Machinga Police Station and Ntaja Police (while on night patrols) came across a stationed motor vehicle, Toyota Dyna pick up registration number; MHG 5185 at Mtalala Trading Centre, Nayuchi border area which had jerricans full of diesel fuel.
Makono told the court that officers conducted an immediate search of the vehicle and discovered 63 jerricans of diesel, each containing 20 litres, along with three drums holding 10 litres each, bringing the total to 2,640 litres of diesel.
“Upon being asked to release legal documents from Malawi Energy Regulatory Authority (MERA), the driver and his assistant failed to produce valid documents. This prompted the team of police officers to confiscate the products, impounding the motor vehicle in question as the duo got arrested on the spot,” the prosecutor added.
Appearing in court before Second Grade Magistrate Jogn kamphani, both Akutenga and Kaponda pleaded guilty to the offences levelled against them.
The state requested a stiffer penalty, arguing that the unauthorized transportation and storage of fuel poses a serious risk, given its highly flammable nature.
In mitigation, the two pleaded for the court’s leniency, stating that they were first-time offenders with family obligations, including children, relatives, and parents who depend on them for their daily needs.
Convinced with state submission and weighing gravity of the offence, Magistrate Kamphani therefore ordered the two to pay a K450,000 fine each, else serve two years IHL.
The Malawi Government confiscated the fuel, while the vehicle was returned to its owner.
Akutenga comes from Mkumbira Village,Traditional Authority Mchinguza in Machinga District, Kaponda is from Mbanila Village, Traditional Authority Kawinga also in Machinga.
