LILONGWE — A fresh legal storm has erupted in Malawi after Zimbabwean businessman Nesbert Mukora filed an urgent application in the High Court of Lilongwe, protesting the release of his US$170,000 Toyota Land Cruiser 300 to a Malawian businessman, even though the luxury SUV remains central to an ongoing criminal trial.
Mukora, who insists he is the legitimate owner of the vehicle, is challenging the court’s decision to return the car to Yollam Kawanga, who claims to have purchased it in good faith. The businessman argues that the vehicle — a key exhibit in a high-profile cross-border theft case — was illegally released while the matter is still before the courts.
Two foreign nationals, Tendai Mtunguwazi, a Zimbabwean, and Kabelo Khotlele, a South African, are currently on remand at Maula Prison, accused of stealing and fraudulently selling the same vehicle.
In his urgent application, Mukora, represented by lawyer Khwima Mchizi, seeks a court order for the re-seizure of the vehicle and its transfer to Interpol Malawi custody until the conclusion of the criminal proceedings.
“The vehicle is vital evidence in an ongoing prosecution,” Mchizi argued. “Its release to a civilian owner undermines the evidentiary chain, compromises investigations, and interferes with active court processes.”
According to court documents seen by Nyasa Times, the Land Cruiser was stolen in Zimbabwe earlier this year and smuggled into Malawi via Mozambique. Investigations reveal that the vehicle was sold to Kawanga using forged South African registration documents, allegedly prepared by the now-detained 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 also linked Jolene Margaret Janse Van Vuuren, a South African woman, to the fraudulent transaction. Van Vuuren is reportedly wanted in both South Africa and Namibia for similar high-end vehicle scams.
Despite this, the vehicle was released to Kawanga following a successful High Court application in which he claimed to have purchased it legitimately from Van Vuuren and presented an earlier clearance from Interpol Malawi, which at the time indicated the car was not stolen.
However, Mukora’s latest filing disputes that clearance, pointing out that Interpol’s database was later updated following SAPS verification, confirming the vehicle’s stolen status.
Legal experts have criticised the handling of the matter, warning that the decision to release an active exhibit undermines the integrity of Malawi’s judicial processes.
“This is more than a procedural error — it’s a serious breach of justice,” said a Lilongwe-based lawyer familiar with the case. “You cannot release an exhibit while suspects remain in custody and the case is still pending trial.”
The case, which is now before Justice Simeon Mdeza, will determine whether the luxury vehicle should be re-seized and handed back to Interpol or remain with Kawanga until the criminal proceedings conclude.
Meanwhile, Mtunguwazi and Khotlele remain in detention at Maula Prison, facing charges related to a transnational vehicle theft and smuggling syndicate spanning South Africa, Zimbabwe, and Malawi.
As the legal dispute unfolds, Mukora maintains that his only goal is for justice to prevail and for his stolen vehicle to be rightfully restored to him.
