AZHAR MAHMOOD CHAUDHRY FACES LOSS OF MALAWIAN CITIZENSHIP AND PASSPORT

Controversial businessman Azhar Mahmood Chaudhry may have his Malawian passport revoked, according to sources close to investigations into how he obtained it in the first place.

Multiple sources have confided in this reporter that investigators have uncovered a scheme in which some foreigners allegedly acquired Malawian passports through a dubious arrangement at the Immigration Department between 2012 and 2014, when Uladi Mussa was Minister of Home Affairs.

Multiple sources have further confirmed to this publication that Chaudhry obtained his Malawian passport during this period under the alleged scheme. If established, the finding could have serious consequences, including the possible revocation of his passport and citizenship and, potentially, deportation to his country of origin.

Mussa served as Minister of Home Affairs under the late President Bingu wa Mutharika from June 2004 until October 2006, before returning to the same ministry following Bingu’s death on 5 April 2012. He remained in the portfolio throughout President Joyce Banda’s tenure until the May 2014 election and change of government.

According to investigators, it was during Mussa’s second tenure, under President Banda between 2012 and 2014, that the alleged passport cartel grew wings, with Chaudhry and several other Pakistani nationals allegedly obtaining Malawian citizenship and passports through irregular means.

THE ULADI MUSSA CONNECTION

The significance of the investigation lies partly in what happened to Mussa himself.

Mussa was arrested by the Anti-Corruption Bureau (ACB) on 6 March 2017, together with senior immigration official David Henry Kwanjana, and accused, among other things, of abusing or failing to properly exercise his public authority in connection with the granting of Malawian citizenship and passports to foreigners who did not qualify.

Mussa was subsequently convicted on 13 October 2020 on two counts: neglect of official duty and using or abusing his public office for the advantage or benefit of another. He was sentenced to five years’ imprisonment for abuse/use of public office and one year for neglect of official duty, with the sentences running concurrently. He was also disqualified from holding public office for seven years as a consequence of the conviction.

On 3 July 2019, while Mussa’s criminal case was still before the courts, the United States Department of State publicly designated him for involvement in significant corruption. The US designation stated that Mussa had “engaged in and benefited from public corruption” in connection with his official duties as Minister of Home Affairs.

According to information available to this publication, investigators are now examining whether Chaudhry was among those who allegedly did not qualify for Malawian citizenship. That is understood to be one of the leads currently being pursued.

THE WIDER QUESTIONS SURROUNDING CHAUDHRY

The investigation is also taking place against the background of a series of other allegations and legal disputes in which Chaudhry has featured.

His name has surfaced in connection with the Kumakoka Trading/MAREP controversy, where court documents reportedly indicate that he had a commercial interest in, and was involved in pre-financing, the Kumakoka contract. Kumakoka received approximately K523.5 million in advance payments under MAREP, while the Government is pursuing recovery proceedings involving more than K1.4 billion paid to three companies.

There are also allegations concerning MAREP materials that were reportedly transported to a private warehouse in Blantyre, with documents supplied to Fiscal Police allegedly linking payments for the transportation of the materials to Chaudhry’s company.

Chaudhry has also featured in a separate diplomatic-immunity-related court dispute, while he is facing allegations relating to perjury and the giving of false information to a public officer. Separately, members of his family have reportedly been cited in a case involving alleged fraudulent land transfers and the provision of false information to a public officer.

There is also the issue of money transfers involving the late businessman Riaz Jakhura. In a sworn affidavit, Chaudhry reportedly acknowledged giving money to Jakhura in London. The circumstances surrounding that payment, and whether it complied with applicable foreign-exchange and other laws, are matters that are under examination by relevant authorities.

Taken together, these issues have prompted investigators and activists to ask a broader question: is Chaudhry simply a controversial businessman caught up in a series of unrelated disputes, or is there a wider pattern that warrants closer scrutiny of his citizenship, business dealings and conduct?

The emerging passport investigation could therefore become particularly significant.

There are growing calls for authorities to establish whether other foreigners who obtained Malawian passports through the alleged Immigration scheme were properly entitled to citizenship.

If investigators establish that citizenship was fraudulently obtained, the authorities could face questions over whether those passports should be revoked, whether the underlying citizenship should be cancelled and, where legally justified, whether affected individuals should be removed from Malawi.

For Chaudhry, the issue is therefore potentially much bigger than the passport itself.

It goes to the fundamental question of how Chaudhry became a Malawian citizen in the first place—and whether that process was lawful.

If the evidence establishes that he legitimately acquired citizenship, that should settle the question.

But if investigators establish that citizenship and the passport were obtained through fraud or abuse of the Immigration system, then the law must take its course.

And that is precisely why the investigation into the alleged passport scheme matters.

A passport is a document. Citizenship is a legal status. Neither should be obtained through a scheme designed to circumvent the law.