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FILE - Andre Thomashausen, international law expert [File photo: DW]
Manuel Chang, former Finance Minister of Mozambique, was found guilty last Thursday (08-08) in the United States of having committed financial crimes in the local jurisdiction. Chang was accused of accepting bribes and conspiring to embezzle funds, in a plan to enrich himself and deceive foreign investors.
It is not yet known what his actual sentence will be, but it is believed to be 20 years. His record of detention in South Africa for four-and-a-half years, may influence the court’s decision.
The case is linked to the hidden debts, Mozambique’s biggest financial scandal, which involved the cream of the country’s political elite and their families. The state is said to have been defrauded of more than US$2 billion. During the trial, the former government official refused to give any statements, keeping “all the secrets” to himself and preventing the whole web of ties from being fully unravelled.
Although this chapter is closed, the possibility remains open for the case to continue to be investigated both in the US and in other jurisdictions, German international law expert Andre Thomashausen explained to Deutsche Welle (DW)
DW Africa: There is speculation that Manuel Chang will be sentenced to 20 years in prison. If that happens, the possibility of the former minister facing charges in Mozambique will die down somewhat, since he would be an old man when released, is that not so? He is now 68 years old.
André Thomashausen (AT): No, there is a process through which the US can determine whether he will answer to charges and the case in Mozambique – that is possible. I don’t think it will be quick, but I believe that after a few years he might be transferred to Mozambique to answer.
DW Africa: Is that at the request of the Mozambican Public Prosecutor’s Office (PGR)?
AT: Correct.
DW Africa: Could this not happen if the Public Prosecutor’s Office is not interested?
AT: Yes, if the request for this process fails, that is quite possible. It is somewhat up to the will of the gods, and also has to do with the elections in Mozambique, because a new president, taking office in November or December, may consider this matter differently.
DW Africa: With Manuel Chang in the US for a considerable length of time, will it not be more difficult to know who the other accomplices or conspirators in this crime are, possibly linked to the Mozambican political elite?
AT: That is an interesting aspect. Mr. Chang decided to remain super-loyal to his party – Frelimo – to the death. He refused to give testimony. So, he keeps the secrets and won’t let go of them.
DW Africa: It is known that Manuel Chang’s legal defence is very expensive, famous and competent, but it is not known who pays. And Manuel Chang said in South Africa a few years ago, that he did not have the financial means to pay for his defence. Who do you think is financing this service for the former minister?
AT: Once again, it is a state secret. I doubt very much that we will find out. Of course, someone is paying the expenses, and it will not be Privinvest, which was also badly harmed in this process and has no friendship with Mozambique. It would have to be Frelimo or a very fluid and strong commercial activity making these payments. And, in a company, there is also financial management to consider – it is not so easy to pay millions to a person who is not associated with the business. There may be more investigations here.
DW Africa: The US court mentioned a business partnership between former president Armando Guebuza, Chang, Carlos Rosário, Gregório Leão and Privinvest. Guebuza’s name was also mentioned at other times in this case, although no evidence was presented that he was bribed. Do you think that, from now on, there is enough information to open an investigation against him in Mozambique or for him to be charged in the US?
AT: Yes, there was mention of a conspiracy of criminals, but some of these people are not defendants in the US case. In the US, for now, they have nothing to fear. In a due process, the Prosecutor’s Office should open an investigation to ascertain these obvious truths, but under the current government in Mozambique, this will not happen. However, anything is possible next year, when there is a change in Mozambique.
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