ACB’s Msukwa, Nair dilemma
The Anti-Corruption Bureau (ACB) has again asked the Director of Public Prosecutions (DPP) to grant its consent to prosecute former minister of Lands Kezzie Msukwa and Nair Ashok an agent of Zuneth Sattar.
But the DPP, Steven Kayuni, who withheld consent on grounds that he needed ACB to furnish him with certain details on their investigations, yesterday declined to comment on the fresh request.
However, sources at the Directorate of Public Prosecutions (DPP) disclosed the bureau was yet to supply the DPP with the information he wanted before granting of the consent.
The bureau, in a press statement issued Friday to update the nation on corruption allegations against Sattar, said that following the judgement of Justice Redson Kapindu of the High Court on May 30 2022 dismissing the judicial review proceedings by Msukwa and Nair, they proceeded to resubmit the application for consent to prosecute the two on June 3 2022.
“On June 13 2022 the bureau cautioned Hon. Msukwa and was planning to take him to court to be charged when the bureau was served with an ex-parte order of stay of criminal proceedings pending appeal granted by the Supreme Court.
“The inter-partes hearing took place on June 26 2022 and the bureau challenged the stay order. The matter is now awaiting judgement by Justice [Frank] Kapanda,” explained the bureau in a statement signed by its spokesperson Egrita Ndala.
The bureau said Nair, popularly known as Ashok, also applied for a stay of the enforcement of the judgement of Justice Kapindu pending appeal.
“In his ruling of June 17 2022 Justice Kapindu stayed the enforcement of his judgement. In his ruling, he stated that his order of stay is limited in that it shall subsist at the least, until the determination by the Supreme Court of Appeal of Hon. Msukwa’s inter-partes application for stay of enforcement of judgement pending appeal,” the ACB said.
The bureau explained that after the arrest of former Inspector General of Police George Kainja and Malawi Police Service legal officer Mwabi Kaluba, it also applied for consent from the DPP to prosecute the two.
“Noting the need for more resources to conduct its operations, the bureau reached out to government for more funds. The Ministry of Finance has informed the bureau that it will commit extra K400 million to the bureau to be provided over the remaining eight months of the financial year 2022/23.
“This money will assist in the investigations relating to Zuneth Sattar was released on court bail.
The refusal to grant the consent to prosecute Nair is contained in a letter dated January 14 2022, signed by Kayuni, in response to the ACB director general Martha Chizuma’s letter, asking him for consent to prosecute Nair and four others.
“It is impossible to make a decision on an interim investigation report as the Ashok matter has an interim investigation report. It is, actually, surprising to note that there are findings and recommendations on an interim investigation report.
“These documents are very crucial for the purposes of a proper and independent analysis of the evidence and the law. We would be failing in our duty bestowed on us by law if we turn the granting of consent as an academic exercise or merely endorsement of what the ACB has duly submitted. Expediency should never take the place of due process of the law,” reads the DPP’s letter.
The consent issue has been controversial and, in February, the Legal Affairs Committee of Parliament summoned Chizuma for issues surrounding Sattar.
The legislators also met the DPP earlier, after he withheld consent, and he told them that he did not deny Chizuma consent, rather asked for all documents related to the case.
The committee’s chairperson Peter Dimba is on record as saying the law allows the DPP to give consent or withhold it after going through a request and accompanying documents
