ACB: anything to smile about?

 In 1995, lawmakers in Malawi passed the Corrupt Practices Bill into law, creating the Anti Corruption Bureau (ACB).

In their minds, the legislators in the 193-seat Parliament visualised the bureau, which was activated in 1998, not only barking at the corrupt, but also biting at the deep-rooted corruption culture a convict at a time.

Twenty five years on, the jury is out on whether the watchdog has really lived up to its mandate to fight the misuse of public office for private gain or the abuse of entrusted power for personal profit.

Regardless of the mixed views, corruption slows development, widens economic disparities, erodes accountability and leaves citizens frustrated and in hardship.

As the bureau commemorates its 25th anniversary this year, recent reports on the state of corruption paint a bleak picture.

Malawi scored a meagre 34 points out of 100 on the 2022 Corruption Perceptions Index by Transparency International graded.

The country ranks 110th of the 180-nations assessed in the perception survey released in January 30.

The findings suggest that despite continuous efforts, corruption continues to plague the country.

Flashbacks reveal a fluctuating battle against corruption, with scores varying from 32 in 2018, slipping to 31 in 2019 and descending further to 30 points in 2020.

However, Malawi rose 19 places to the 110th spot with 35 points in 2021.

Reports further indicate that between 2009 and 2014, the country lost $723 million due to corruption.

In 2013 alone, the country suffered the notorious Cashgate, a plunder of more than $250 million from public coffers by a network of politicians, public servants and their scrupulous accomplices in the business sector.

This forced western donors and development partners to close aid taps.

Like many sub-Saharan African countries, the main barriers to progress in Malawi are linked to the integrity of political elites, shady procurement deals and the failure to prosecute misuse of emergency funds.

Political analyst Gift Sambo, from the University of Malawi, is concerned that the country is haunted by a persistent culture of corruption 25 years since the ACB came into being.

Sambo says the bureau’s grip on the fight against corruption has been weakened by political interference, indifference to rule of law, low funding and inadequate coordination with related governance bodies.

He observes: “All these issues converge to highlight the ACB’s lack of autonomy as a critical impediment in its fight against corruption.

“Relying on the political executive for matters such as financing and personnel appointments undermines its ability to impartially tackle corruption, especially when connected to the ruling elite.”

However, Sambo is happy that the country has strengthened institutions and laws to combat corruption.

Among others, Parliament has passed relevant laws such as the Public Procurement Act, Public Audit Act, Money Laundering and Serious Crime Proceeds Act and Public Officers Declaration of Assets, Liabilities, and Business Interests Act. Government has also activated the Access to Information Bill, which remains underultilised by Malawians concerned about corruption.

However, Sambo says the duty to promote transparency and accountability goes beyond the ACB.

He says the stuttering war on corruption predates the dawn of democracy in 1993.

Before Malawians elected the lamp of democracy in June 1993, the closed nature of the one-party government promoted secrecy over transparency and accountability, repelling checks and balances.

“However,” Sambo says, “corruption scandals that occur in political eras after the ACB’s inception cast doubt on the current leadership’s ability to confront corruption beyond rhetoric.”

Concurring, seasoned anti-corruption prosecutor Kamudoni Nyasulu criticises the ACB lack of a clear strategy to secure convictions against corruption suspects on trial.

In recent years, the bureau has become well-known for pouncing hard on suspects deemed anti-regime and random arrests that lead to little more than a single court appearance and subsequent silence.

But Chizuma is on record to have defended the ACB’s actions, saying that the public demand for instant results is impractical.

“The public wants results today and now. They want an arrest and a conviction on the same day. It does not work like that,” she said.

The Nation’s analysis reveals a pattern of prolonged case proceedings, with many cases stalling for years after arrests.

Only a fraction of Cashgate-related cases from 2014 went to court, a trend Chizuma attributes to various legal hurdles and applications beyond her bureau’s control.

In the 2021/22 financial year, ACB investigated 361 cases in the nine-month, a 62 percent rise from the 223 in the previous fiscal year.

The bureau has also recorded a 27 percent rise in cases whose investigations were completed.

ACB investigated 347 cases in the 2022/2023 financial year, up from 151 cases in 2021/ 2022 and 119 in the previous year.

However, Chizuma says more cases could not be prosecuted as the implementation period was short and that court processes are at times beyond ACB’s control.

Governance and Human Rights advocate Undule Mwakasungula acknowledges the challenges faced by the ACB but underscores its role in promoting transparency and accountability, particularly in public procurement and resource management.

“Its impact on good governance is or might still be a subject of debate, given the persistent challenges the ACB faces. But the ACB might have played a crucial role in promoting good governance by holding public officials accountable,” he says.

National Alliance Against Corruption chairperson Moses Mkandawire says the ACB’s 25- year journey mirrors a bittersdweet in the country’s war on crime.

He urges the ACB to adapt to the evolving face of corruption, which now includes political corruption, client-patronage corruption and grand corruption.

He states: “While some Malawians are appreciative of the positive developments, it is also important to note that ACB has failed to leverage on the goodwill of the citizens and its ripe moment to perform effectively.

“There are some people who feel that ACB has been ‘ captured ’ mostly by the political elite or other politically connected individuals. Its poor performance is also attributed to poor legal and other administrative or institutional design and implementation,” he says.

Among the strides, ACB has helped prepare the anti-corruption strategy documents which guide the operations of combating corruption from different angles.

The blueprints recognise the roles of the citizenry, civil society organisations, media, faith institutions, traditional leaders, government institutions and other players in the fight against corruption.

The law gives ACB the mandate to seize ill-gotten assets or wealth by public officers.

To create a generation that detests corruption, ACB is working closely with the Ministry of Education to teach ethics and integrity in public schools.

This includes the publication of a guidebook to inculcate a culture of integrity in Malawians while they are still young.

Other initiatives include the establishment of integrity committees in various government institutions as well as lifestyle audit procedures and practices for civil servants.

However, Mwakasungula says ACB is not just an institution, but a reflection of Malawi’s collective will to root out corruption.

“It’s successes and failures mirror the nation’s aspirations for a transparent, accountabl and just society,” he says.

The Silver Jubilee, according to Chizuma, presents an opportunity for the nation and all role players to reflect on the past and collectively recommit to the fight against corruption and Malawi 2063 long-term development vision.