AG urges coordination in graft fight

Attorney General (AG) Thabo Chakaka-Nyirenda has asked State law enforcement agencies to earnestly coordinate if the rule of law is to flourish and enabler the country win the fight against corruption.

The AG said no institution can win the battle against corruption alone, appealing to all the State institutions to pull in one direction if the country is to register progress.

The chief legal adviser to the government made the statement in an exclusive interview yesterday on how he wants to fasttrack high profile cases.

Nyirenda said the recent bad blood between the Director of Public Prosecutions (DPP) and the Anti-Corruption Bureau (ACB) painted an illusionary picture that the State institutions were pulling in different directions.

He said: “Differences may have emerged between the office of the DPP and that of ACB or indeed, my office and other offices, but I would like to reassure Malawians that most of the differences that came in the public domain emanated from something purely professional.

“We have a new DPP [Masauko Chamkakala], but if we choose to work in isolation, be it my office or that of the ACB, or Malawi Police Service, we will move nowhere.

“We need concerted efforts to allow rule of law flourish, to win the battle against corruption and safeguard what belongs to the taxpayer.”

Nyirenda said he was aware each State institution has a distinct role to play, but said coordination remains permissible to achieve the national goals and to serve Malawians better.

Some Malawians have voiced out concerns that the purported bad blood between law enforcing State agencies was distracting the fight against corruption.

At one point, Minister of Justice Titus Mvalo, on instructions from President Lazarus Chakwera, brought together the AG, former DPP Steven Kayuni and ACB director general Martha Chizuma to help them resolve the purported differences.

The issues that brought the purported differences included claims that the DPP was withholding consent on cases the bureau wanted to move.

The former DPP also at one point accused the bureau of acting in isolation which one time led to the arrest of suspects that were supposed to be State witnesses in a particular case.

On the other hand, Malawi Law Society (MLS) said the fight against corruption is half-hearted and it has put it on an agenda for discussion at its annual general meeting to take place in Mangochi from March 24 to 26 this year.

MLS president Patrick Mpaka said in an interview yesterday the conference intends to open a discussion on the transition of acts of one government to another, including legal processes and long-term development goals, among other issues.

The AG said further to uniting prosecution institutions, there are other independent institutions such as Malawi Human Rights Commission, which he said is one of the most important governance institutions in Malawi with extensive powers transcending public and private institutions.

“Section 12 of the Malawi Human Rights Commission Act (Chapter 3:08 of the Laws of Malawi) gives the Commission the power to protect and promote human rights in Malawi in the broadest sense possible and to investigate violations of human rights on its own motion or upon complaints received from any person, class of persons or body.

“The Constitution at section 129 emphatically gives the Human Rights Commission powers of investigations of violations of the rights accorded by this Constitution or any other law,” said Nyirenda.

In this era, the AG said, observance of human rights is key to sustenance of the rule of law and attracting trade and investment.

He said: “In my role as Attorney General for the Republic of Malawi, I have been reviewing agreements with some investors. I have come to realise that protection of human rights is now key in human right protection as is the case with reference to anti-corruption and anti-money laundering safeguards, a requirement for the bankability of projects that investors undertake.”

Nyirenda said United Nations Sustainable Development Goals also place great emphasis on promotion and protection of human rights; hence his emphasis that State institutions have to pull in one direction to achieve the country’s economic development targets.