The magistrate’s court in Mzuzu Monday found eight Tanzanians guilty of two offences after they were intercepted on December 20, 2016 on their way to Kayelekera Uranium Mine in Karonga.
The foreigners are being accused of criminal trespassing and carrying out a reconnaissance operation without a licence which are contrary to the Mines and Minerals Act.
In his determination, Chief Resident Magistrate for the North Texious Masoamphambe ruled out illegal entrapment as alluded to by the defence during the trial in the last three months.
He said by possessing apparatus that could be used to conduct geological and hydrological explorations, the eight are guilty of carrying out reconnaissance without a permit.
Upon their arrest, the eight were found with cameras, a water tester, laptops and an aerial map of the mine.
Masoamphambe further said by entering the premises of exclusive property without the knowledge of Paladin Malawi, the Tanzanians committed an offence of criminal trespassing.
“No matter the arguments presented before me by the accused persons and their attorney, it is my considered view that the offences were to be committed any way as evidenced by the exhibits they were found in possession of. I, therefore, convict them accordingly,” Masoamphambe said in his determination.
He observed that the State strengthened its case by bringing to the court’s attention the 2014 visit to Malawi by the first accused person—Xsavery Mahundi—and his German accomplice during which they tested water from Lake Malawi and South Rukuru River for minerals.
It was then concluded that the 2014 trip was preparatory to the 2016 adventure but, contrary to the court’s expectation, Mahundi and seven others did not involve the government through the Ministry of Natural Resources, Energy and Mining, which is against Malawi’s laws.
Meanwhile, the court will deliver its sentence on April 12, after lead prosecutor Happy Mkandawire and defence attorney Nicely Msowoya make their submissions on Thursday, April 6.
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