State moves to act on APM
The Anti-Corruption Bureau (ACB) and the Directorate of Public Prosecutions (DPP) say they are working on a strategy to ensure progress in the case against former president Peter Mutharika on alleged abuse of his duty-free benefits.
In an e-mail response on Thursday, ACB principal public relations officer Egrita Ndala said the move follows separate investigations the graft-busting agency and Malawi Police Service launched focusing on different scopes.
She said the bureau has since concluded its investigations on the matter involving alleged abuse of Mutharika’s taxpayer identification number (TPIN).
Said Ndala: “The ACB is currently liaising with the Director of Public Prosecutions on how best to move forward with the case due to the fact that both the police and ACB were investigating issues of the former president, but focusing on different areas.
“The police were focusing on cement and ACB focused on other items that were imported using the former president’s TPIN.”
She said in the circumstances, it was important to ensure good coordination between the ACB and DPP.
DPP Steve Kayuni, in a separate interview yesterday, confirmed about the collaboration and said the strategy also involves the Financial Intelligence Authority (FIA) and the Malawi Revenue Authority (MRA).
He said the aim of the joint efforts is to ensure clarity in certain angles before the matter is taken to court soon.
Kayuni said: “DPP, Malawi Police Service and MRA through the joint coordination strategy are working to clear the varied angles undertaken, especially where there is a cross-purpose or differences. Sooner or later we will be in court.”
Efforts to speak to Mutharika’s lawyer in the case, Samuel Tembenu, proved futile as he could not be reached.
But he is on record as having told The Nation edition of April 28 2022 that ever since the former president exercised his right to remain silent on the matter after the ACB indicated that it was going to interview him, there has been no communication from the bureau.
In July 2021, the ACB indicated that it would interview Mutharika, 82, on the alleged abuse of his duty-free privileges following investigations into the importation of cement. But the former president exercised his constitutional right to remain silent.
ACB indicated that regardless of Mutharika’s decision to remain silent, they would use other legal means that would compel the former president to speak.
While Mutharika has since then not been interviewed by the ACB, his successor Lazarus Chakwera, on the other hand, allowed the bureau to interview him on an investigation into oil importation contracts at National Oil Company of Malawi.
In two separate statements on July 16 and 20 2021, the ACB said their planned caution interview with the former president was a normal legal process which started in 2020.
Mutharika, who is president of the former governing Democratic Progressive Party (DPP), described the planned interview as political witch-hunt.
The cement saga and alleged abuse of Mutharika’s TPIN led to the arrest of his private bodyguard Norman Chisale and former chief of staff Peter Mukhito.
Besides the two former presidential aides, others arrested in relation to the matter include former MRA deputy commissioner general Roza Mbilizi as well as Lilongwe-based businessperson Mohammed Chunara and his father Ahmed.
In April, the value of money suspected to be involved in the cement import case was increased from K3.5 billion to K6.2 billion, according to amended court documents.
