DPP rues ACB solo arrests

The Director of Public Prosecutions (DPP) Steven Kayuni and the Anti-Corruption Bureau (ACB) have differed on the recent arrest of former Malawi Revenue Authority (MRA) deputy commissioner general Roza Mbilizi and two others.

The ACB on July 7 2022, arrested Mbilizi alongside former MRA customs and excise manager Fredrick Mpeusa and deputy commissioner responsible for enforcement and operations Abigail Kawamba for allegedly abusing former president Peter Mutharika’s taxpayer identification number (TPIN) free privileges.

But in a letter we have seen, dated July 19 2022, addressed to ACB director general Martha Chizuma, copied to Minister of Justice, Attorney General, MRA commissioner general, Inspector General of Police and Financial Intelligence Authority (FIA) director general, the DPP noted that recent arrests were embarrassing as some of the accused are State witnesses in a similar case where Mutharika’s private bodyguard Norman Chisale and others are answering.

Kayuni feared that ACB’s decision to arrest the MRA officers has the potential to derail other ongoing cases, including the unexplained wealth charge and Preservation Order (Civil Forfeiture) proceedings against Chisale as well as the abuse of Mutharika’s TPIN in the Cementgate trial.

Reads the letter in part: “The rest of ACB file accused persons are the other agencies’ [FIA, DPP, MRA, MPS [Malawi Police Service] – Fiscal witnesses. A further complication and embarrassment to the State agencies is that of Norman Paulosi Chisale (NPC) and MRA managers. Your good office investigations have NPC as a state witness while in the Cementgate/TPIN he is an accused person number 3.

“Worse still, the three MRA managers are witnesses in the Cementgate/TPIN case while your good office has named them as accused persons.

“Madam Director, it is impossible to process prosecution in court on both files with this strange and alien approach.”

The letter further observes that no single State agency can win a fight against criminality as it is always a joint effort regardless of their independent working arenas and stressed that there is no need for them to compete or attempt to outsmart each other.

“The embarrassment that emanated from Cashgate investigations and prosecution on clashes between ACB and other law enforcement agencies are replete with lessons and there is need for State agencies to work as a team,” adds the letter.

In an interview yesterday, Kayuni wondered how Weekend Nation found the letter, saying it was a confidential guide and communication to Chizuma.

He, however, reiterated that State agencies are one team which needs joint efforts for them to succeed in their work.

“Under the law enforcement coordination strategy, no law enforcement agency can be going rogue on others as it happened here,” said Kayuni.

When contacted on the matter yesterday, Chizuma said she could not comment because she had not seen the letter.

In a statement announcing the arrests of Mbilizi, Mpeusa and Kawamba, signed by ACB principal public relations officer Egrita Ndala, the graft-busting body said it made the arrests following an allegation it received on July 7 2020 that some individuals were abusing the former president’s TPIN.

Reads the statement in part: “The investigation which commenced in August 2020 established that the three were facilitating duty-free clearance of various imported goods under CPC 418 belonging to the former president.

“They are likely to be charged with abuse of office contrary to Section 25B (1) as read with Section 34 of the Corrupt Practices Act and neglect of duty contrary to Section 121 of the Penal Code.”

The three were released on court bail on July 8 2022.

Commenting on the matter, legal expert Edge Kanyongolo stressed the need for better coordination between prosecutorial agencies.

He said both DPP and ACB need to have a system where they coordinate on cases from the inception to avoid the current incident.

Said Kanyongolo: “What it means is that the coordination should not be ad hoc, maybe they should have an actual structure of some kind, through which they could regularly coordinate on cases.

“I am sure this is not the only case in which such complications arise. If it was me and somebody says you should be my witness and somebody says but I am going to prosecute you, then I would say what ‘is the point of being a witness?’”

Mbilizi is also answering charges in a similar case alongside Chisale, former director of State residences Peter Mukhito and businessperson Ahmed Mohammed Chunara and his son Mohammed Chunara, for allegedly importing about 2 050 bags of cement using Mutharika’s privilege.

In April this year, the State revised the value of money suspected to have been involved in the cement import case from K3.5 billion to K6.2 billion, excluding penalties, following the arrest of Ahmed Mohammed Chunara.

He is alleged to have imported 1 250 770 bags of cement duty-free on the basis that it was for Mutharika’s personal use.

The law allows the President and the Vice-President, among other public officers, to import some items for personal use duty-free.