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MDF pens DPP on Immigration woes

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Some officers at the Department of Immigration and Citizenships Services have been implicated in fraudulent issuance of immigration permits to suspicious foreigners.

This is confirmed by contents of letters from the Malawi Defence Force (MDF) and the Department of Immigration, to the office of the Director of Public Prosecutions (DPP) asking it to prosecute the officers.

Some officers at the Immigration Department have cases to answer

The letter from MDF, which has been copied to the Attorney General and MDF headquarters, dated November 17 2022, signed by Brigadier General H.B Dzoole, says it is concerned with delays by police to prosecute an immigration officer Vekerani Mazuwa, for allegedly assisting a suspected Ethiopian human trafficker Tarekegn Yohannes Salato, who was on MDF’s wanted list, with permits to stay illegally in the country.

Dzoole states in the letter that the matter borders on national defence and security and MDF wants the DPP to prosecute Mazuwa and involve them in the case.

He further explains that Mazuwa was apprehended in a staged operation after he allegedly offered an MDF officer K500 000 to have Salato released. He was handed over to police.

According to the letter, Mazuwa, who resides in Salima, was later granted court bail on the charge of official corruption, hence the displeasure of MDF.

Reads the letter in part: “Given that the suspect is connected to or involved in unlawful regularising the stay in the country of someone implicated in transnational organised crimes which is a threat to national defence and security, we hold the view that the case is not being given the thorough responsiveness that it deserves,

“We are specifically worried with the fact that MDF is not involved in the progress of the case, bearing in mind that information was received from us and came through an ongoing investigation of a suspected human trafficking financier and there seem to be more to the connection of the Ethiopian and the suspect.”

The MDF intercepted Salato on November 9 2022 and it is helping with investigations.

However, the MDF suspects that the involvement of Mazuwa is not limited to trying to corrupt the MDF officer.

According to the MDF letter, when Salato was arrested, he only had a tourist visa which was extended twice for three months, and he implicated Mazuwa as the one who assisted him.

Coincidentally, Immigration director general Charles Kalumo has also written the DPP to prosecute some officers for alleged forgery or other offences under the Corrupt Practices Act.

Kalumo’s letter follows the arrest of some Congolese who were allegedly found with ‘fake’ travel permits and they ‘implicated’ some Immigration officers.  

In a letter dated November 30 2022 Ref. No.IM/01/361,titled ‘Referral of Criminal Activity Between State and Ilembo Bushiri and Others’, Kalumo wants the matter to be handled by DPP chambers to avoid compromising or conflict of interest.

Reads the letter in part: “The above suspect’s presentations indicate that some Immigration officers may have been involved in committing the offence he is suspected to have committed i.e. forgery or other offences under the Corrupt Practices Act.”

In a telephone interview this week, Bushiri’s lawyer Stanley Chirwa said his client was arrested by military police on issues bordering on ‘national security’ but after being granted court bail on November 28, he was rearrested for the alleged forgery.

Earlier, Bushiri and his alleged accomplice Biko Thindwa applied for a judicial review, challenging their arrest and detention, arguing that they could not be subjected to military law when they are not serving members of MDF.

Senior State advocate from DPP chambers Mathews Chione confirmed in an interview this week that the office has been given a file to prosecute on behalf of the Department of Immigration.

Said Chione: “There is a belief that it is a syndicate that involves Immigration officials. It is believed to be a human trafficking ring and the foreigners are able to access the emergency permits through Immigration officials.”

He added that it is not clear how many officers from the department are implicated in the scam.

According to Chione, the DPP took to court Bushiri on December 2 2022 where he was charged with forging documents contrary to Section 35 of the Immigration Act.

He said the office is waiting for the Immigration Department to give evidence. which may lead to the arrest of other suspects.

Said Chione: “For now, we know of one emergency certificate issued to a Congolese Tsituala Kalonda Kelly, who wanted to go to Canada but was arrested at the airport.”

A copy of the ‘fake’ certificate issued to Kelly on October 10 2022 reads: “The holder of this travel document is a Canadian national. He is travelling to Canada to process his passport. Any assistance rendered to him will be highly appreciated.”

In December 2016, some 250 blank passport books went missing at the Immigration and Citizenship Services Department and the matter is yet to be concluded.

Meanwhile, the Special Law Commission on the Review of the Immigration Act has proposed tough punishments for violations of Immigration regulations, including a K50 million fine against those bringing foreigners into the country without following requirements.

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