House sets ACB free

Parliament has passed the Corrupt Practices Act Amendment Bill to remove the need for the Anti-Corruption Bureau (ACB) to seek the Director of Public Prosecutions’ (DPP) consent to prosecute cases.

Legal Affairs Committee of Parliament vice-chairperson Ashems Songwe, who is also Likoma member of Parliament (MP) affiliated to Malawi Congress Party, last week brought the matter to Parliament as private members motion and yesterday asked his fellow MPs to pass the amendment Bill which sought to repeal Section 42 of the Corrupt Practices Act.

Section 42 of Powers of the DPP, grants the DPP overriding authority to either takeover, withdraw or discontinue any ongoing prosecution under the director of ACB.

Both government and opposition sides supported the Bill and passed it.

In an interview after passage of the Bill which gives ACB more authority, Songwe said the amendment will help fight corruption which has heavily affected Malawi’s development and deprived citizens of quality living standards.

He said: “As lawmakers we have done great service to the nation and Malawians made their point very clear on where they stand regarding the fight against corruption. Malawians have won today.”

Songwe said once President Lazarus Chakwera assents to the Bill, the ACB will not need to seek consent from the DPP, a requirement that has seen some cases fail to progress.

Government spokesperson on the Bill, Minister of Transport and Public Works Jacob Hara, said the amendment is in line with government efforts to fight corruption, adding it will ensure speedy prosecution of those involved in corruption.

He said: “We believe it will assist in the fight against corruption. What this Bill was doing was to give ACB a little more authority and a little more power.

“As you know, the President has been talking about these issues even during campaign time to give ACB more authority and independence to make sure it is able to prosecute cases.”

Hara said Chakwera has always condemned corruption and called for a comprehensive approach to win the fight against corruption.

He said government will soon bring the Court Acts Amendment Bill that seeks to establish a financial crimes court to help deal with financial crimes and corruption cases.

On his part, Democratic Progressive Party spokesperson on the Bill Owen Chomanika, MP for Chikwawa North, said corruption is draining resources that could have helped develop the country.

He said the party is in support of the move to amend the Corrupt Practices Act to remove challenges in the fight against corruption.

United Democratic Front spokesperson on the Bill, Ned Poya, MP for Mangochi Lutende, also supported the amendment of the Act to promote the fight against corruption.

The decision to push for amendment follows a recent incident where DPP Steven Kayuni did not grant consent to ACB to prosecute Ashok Nair, a corruption cases suspect who is also connected to corruption suspect Zuneth Sattar.

The Legal Affairs Committee of Parliament observed that Kayuni acted within the law but blamed Section 42 of the Corrupt Practices Act for limiting ACB powers, recommending its removal.

ACB has been investigating various allegations concerning  Sattar and his alleged agent Nair. One of such investigations led to Nair’s arrest on December 30 2021. Pursuant to Section 42 (1) of the CPA, the ACB required the written consent of the DPP before commencing prosecution against Nair.