Malawi! Court adjourns Case on criminalizing Begging, Islamic teacher Arrested For Allegedly Forcing Male Children To S@ck His D!ck, Woman Arrested of Taking Albinism Girl on Collateral, Bwalo la milandu lakana kupereka belo lero kwa Kenneth Makina yemwe amadziwika ndi dzina loti VJ Ken, Scandal in the Courts: Evidence Car in Cross-Border Theft Case Returned to Buyer

Zimbabwean businessman Nesbert Mukora has filed a fresh urgent application in the High Court in Lilongwe, challenging the decision to return his K300 million Toyota Land Cruiser 300 to Malawian businessman Yollam Kawanga, even though the vehicle remains a key exhibit in a pending criminal case.

Mukora, who is the legitimate owner of the luxury SUV, argues that the vehicle was illegally released while a criminal case involving two foreign suspects — Tendai Mtunguwazi, a Zimbabwean, and Kabelo Khotlele, a South African — is still before the courts. The two are currently on remand at Maula Prison facing charges linked to the theft and fraudulent sale of Mukora’s vehicle.

According to court filings seen by Nyasa Times, Mukora’s application seeks an order that the vehicle be seized and placed under the custody of Interpol Malawi until the conclusion of the criminal proceedings. He contends that the decision to hand the vehicle to Kawanga, who claims to have bought it in good faith, compromises the integrity of the case and jeopardizes justice.

Mukora’s legal team, led by lawyer Khwima Mchizi, argues that the car is “vital evidence in an ongoing criminal prosecution” and that its release to a civilian owner “undermines the evidentiary chain and interferes with active proceedings.”

The disputed Land Cruiser was reportedly stolen from Zimbabwe earlier this year and smuggled into Malawi through Mozambique. Investigations show that it was sold to Kawanga using forged South African registration documents, allegedly prepared by the now-remanded Mtunguwazi and Khotlele.

Documents from the South African Police Service (SAPS), signed by Captain Jeffry Barry Lucas, confirm that the registration papers were fraudulent and that the vehicle had been listed as stolen. SAPS has also confirmed that Jolene Margaret Janse Van Vuuren, another South African woman linked to the fraud, is wanted in both South Africa and Namibia for similar crimes involving high-end vehicles.

Despite these revelations, the vehicle was released to Kawanga after he successfully applied to the High Court, arguing that he bought it legitimately from Van Vuuren and that Interpol Malawi had initially cleared it as not stolen.

However, Mukora’s new application challenges that clearance, noting that Interpol’s records were later updated following SAPS verification, showing that the Land Cruiser was indeed stolen.

Legal analysts say the development raises serious concerns about how exhibits in active criminal cases are being handled in Malawi.

“This is not just a procedural lapse; it’s a major breach of justice,” said one Lilongwe-based lawyer familiar with the case. “You cannot release an exhibit while the accused persons are still in custody and the matter is pending trial.”

The matter, which is before Justice Simeon Mdeza, will determine whether the vehicle should be re-seized and placed under Interpol custody or remain with Kawanga until the criminal case concludes.

Meanwhile, Mtunguwazi and Khotlele remain detained at Maula Prison, awaiting trial for their alleged roles in what investigators describe as a transnational vehicle theft and smuggling syndicate stretching across South Africa, Zimbabwe, and Malawi.

As the legal battle intensifies, Mukora insists that all he wants is justice and the return of his rightful property.