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Nampota under pressure to quit

Anti-Corruption Bureau (ACB) director Alex Nampota is under pressure from government to resign from his post.

In recent weeks, the social media and several online publications have been rife with reports of Nampota’s firing and his being replaced.

 

But written correspondence between the Office of the President and Cabinet (OPC) and Nampota shows that the two parties disagreed on the purported termination of contract.

 

For example, in a letter dated May 17 2012, signed by an unidentified official on behalf of Chief Secretary to Government Bright Msaka, the OPC accepted that Nampota “voluntary relinquish” his post.

 

The letter further refers to an earlier discussion between OPC and Nampota on the same issue and directs Nampota to clear his office and surrender it to the next high-ranking officer at the ACB.

 

But in response, Nampota wrote the OPC on May 18 2012 and clarified that he never resigned and that the discussion being referred to in the OPC letter resolved that government would consult the Solicitor General on the matter before getting back to him. As of Wednesday, government had not done so.

 

Meanwhile, ACB sources said Nampota has not been reporting for duties.

 

Efforts to get his comment on this development and the OPC letters proved futile this week as he was not picking his phone.

 

Principal Secretary (Administration) in the OPC Charles Msosa on Tuesday said he was not aware about Nampota’s situation.

 

Section 5 (1) of the Corrupt Practices Act (CPA) says: “The President shall on such terms and conditions as he [or she] thinks fit, appoint the director [of the ACB] and the appointment of any person as director shall be subject to confirmation by the Public Appointments Committee [PAC].” But it is silent on dismissal.

 

Nampota’s scenario rekindles memories of former ACB director Gustave Kaliwo who six years ago was asked to resign by former president Bingu wa Mutharika. Kaliwo succumbed to pressure and resigned on August 1 2006. He was given K11 million compensation.

 

Immediately after receiving Kaliwo’s resignation, Mutharika asked PAC to confirm the then head of prosecutions in the Malawi Police Service, Tumalisye Ndovi (deceased), as the new ACB director. However, PAC rejected Ndovi.

 

A lawyer speaking on condition of anonymity on Wednesday said once an ACB director is appointed, the office bearer is given a contract which can be terminated.

 

Said the lawyer: “His post is like the position of Attorney General or a Cabinet minister. But maybe it is time the office [of ACB director] was protected because the nature of his job is such that if he tries to pursue a corrupt act that displeases politicians or government, he gets fired.”

 

 

 

 

 

FAST FACTS

 

. Alex Nampota first joined the ACB at its inception in 1997 as deputy director. He left the bureau in March 2004 at the end of his contract which was not renewed for undisclosed reasons.

 

 

 

. In 2007, Nampota rejoined the ACB as director, replacing Tumalisye Ndovi whose appointment was rejected by PAC.

 

 

. Nampota’s track record at ACB includes prosecuting former president Bakili Muluzi for the ongoing K1.7 billion corruption case

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