Minister of Justice and Constitutional Affairs Charles Mhango says he has directed Anti-Corruption Bureau (ACB) acting director general Gabriel Chembezi to continue working until a substantive appointment is made.
The decision follows the expiry of Chembezi’s 12-month tenure on November 3 2026 before the recruitment of a substantive ACB chief is finalised.
In an interview yesterday, Mhango said the recruitment process has reached an advanced stage, but could not be completed before the expiry of Chembezi’s contract.
The minister said that in this regard he directed Chembezi to continue working until a substantive director general was appointed.
Said Mhango: “I can confirm that the recruitment process for director general of the ACB is at an advanced stage, only that we could not conclude the process before 3rd November 2026, when the extension of the contract for the current acting director general comes to an end.
“I have directed that the current acting director general should continue working until we conclude the appointment process for the substantive Director General.”
President Peter Mutharika’s administration appointed Chembezi last November after removing another acting director general, Hilary Chilomba, who was appointed during the Malawi Congress Party regime. Chilomba, who previously served as deputy director general, took over from Martha Chizuma in June 2024.
On Thursday, Chembezi referred The Nation to the Office of the President and Cabinet (OPC), but Chief Secretary to the Government Justin Saidi said Ministry of Justice and Constitutional Affairs was “an appropriate authority to provide a response on the matter”.
In August this year, the ministry re-advertised the position for the third time in two years.
The post was also advertised in December 2025, but none of the eight shortlisted candidates reportedly passed the interviews, prompting another recruitment exercise.
Chembezi was among those shortlisted and interviewed, for another round of interviews, but was unsuccessful.
The acting appointments for the ACB top job are made under Section 6B(8) of the Corrupt Practices Act (CPA), which empowers the President to appoint an acting director general where both the offices of director and deputy director are vacant.
“In the event of incapacity of the director and deputy director or if the offices of the director and deputy director are vacant, the President shall appoint a suitably qualified person to act as Director for a period not exceeding six months or until the vacancy is filled,” reads the provision.
Private practice lawyer Benedicto Kondowe said Chembezi’s appointment was within the law, but cautioned that “it is not a blanket authorisation for indefinite acting appointments”.
The extension comes amid previous controversy over acting appointments at the bureau.
In December 2024, former president Lazarus Chakwera faced criticism after extending Chilomba’s acting tenure by another six months, with some legal experts questioning the legality of the arrangement.
The debate centred on section 6B(7) of the CPA, which limits the period a deputy director can act as director to six months when the substantive office is vacant.
In an earlier interview, private practice lawyer Justin Dzonzi questioned Chilomba’s reappointment after the expiry of his initial six-month term, saying the law was intended to ensure the ACB had a substantive director general.
Under Section 5(1) of the CPA, the name of the successful candidate is submitted to the President, who makes the appointment, subject to confirmation by Parliament’s Public Appointments Committee.
