Corruption fight has withered—CSOs
Six civil society organisations (CSOs) have expressed concern over perceived selective justice, unconstitutional practices and illegal conduct in the ongoing battle against corruption in the country.
The CSOs argued during a press briefing in Mzuzu yesterday that the weakened corruption fight has severe consequences on the country such as erosion of the rule of law and public trust in the government.
The six CSOs are Youth and Society (YAS), National Advocacy Platform, Centre for Social Accountability and Transparency (Csat), Human Rights Defenders Coalition (HRDC), Centre for Human Rights and Rehabilitation (CHRR) and Nyika Institute.
Led by YAS executive director Charles Kajoloweka, the CSOs blamed the Anti-Corruption Bureau (ACB) and office of the Director of Public Prosecutions (DPP) for the faltering fight on corruption.
Kajoloweka outlined six queries, including the decision by the ACB to let State Residences chief of staff Prince Kapondamgaga off the hook due to “insufficient evidence” in a case he was accused of receiving bribes from United Kingdom-based businessperson Zuneth Sattar.
He wondered how restitution of a Mercedes S-Class 350d and K70.1 million, an advantage Kapondamgaga allegedly admitted to have received from Sattar, was still insufficient evidence warranting prosecution.
Said Kajoloweka: “Given this backdrop, we express deep concern over ACB’s discretion, which we believe lacks both legal and moral foundations. There is no legal basis for ACB to enter into a restitution agreement or amnesty of this nature.
“The Corrupt Practices Act, which governs the operations of the bureau, does not provide for any scheme or provision under which ACB can exercise prosecutorial discretion not to lay charges against an individual under investigation.”
He also wondered why several individuals accused of accepting benefits from Sattar such as Vice-President Saulos Chilima, former ACB director-general Reyneck Matemba and former minister of Lands Kezzie Msukwa have also not been offered restitution.
Chipping in, Csat executive director Willy Kambwandira expressed concern over ACB’s alleged slow pace in prosecuting alleged suspects in the K750 million botched fertiliser deal.
He was referring to a deal Ministry of Agriculture, through the Smallholder Farmers Fertiliser Revolving Fund of Malawi, entered into a contract with Bakaart Foods of the United Kingdom where the government lost K750 million in the deal. It also emerged that the UK firm was mainly involved in butchery business and not in fertilisers. The money has since been recovered.
Kambwandira further queried outcome of investigations into allegations of a suspicious vehicle belonging to Lilongwe Mpenu legislator Eisenhower Mkaka (Malawi Congress Party) allegedly linked to Sattar.
On his part, Nyika Institute executive director Moses Mkandawire questioned the manner in which the DPP discontinued financial crime-related cases against former president Bakili Muluzi and Anderson Mwakyelu of the Accountant General’s office.
While acknowledging that Section 99(2)(c) of the Constitution grants the DPP the power to discontinue criminal proceedings, he said such powers must be exercised with utmost transparency and accountability.
“Unfortunately, the DPP’s discretion has been clouded by suspicion and secrecy, raising concerns of potential abuse for political expediency by the ruling elite,” he said.
ACB spokesperson Egrita Ndala yesterday said it is not correct that the bureau is exercising selective justice.
She said: “The bureau exercised its prosecutorial discretion not to prosecute Mr. Kapondamgaga based on the insufficiency of evidence that it had on him.
“The bureau stands by its decision.”
DPP Masauko Chamkakala yesterday could not pick our calls for a comment on the matter.
But in an earlier interview, he said Mwakiyeru, who came into the limelight after his secret recording of ACB director-general Martha Chizuma went viral, will be State witness in corruption and money laundering.
