US ban in effect despite pardon

 The United States (US) has maintained its travel ban against former minister of Home Affairs Uladi Mussa despite his release from jail on presidential pardon.

Mussa was among 199 prisoners released early this month as part of Easter celebrations. He was serving five years at Maula Prison in Lilongwe.

He was found guilty of fraudulently issuing citizenship and work permits to foreigners. He started serving his sentence in 2020.

In a response to a questionnaire, US Embassy public affairs officer Namita Biggins said: “The travel ban against the former minister is still in place.”

Mussa was banned in 2019 alongside his wife Cecilia while serving as former president Peter Mutharika’s aide due to “significant corruption.”

He committed the crimes while he was a Cabinet minister in the Joyce Banda administration from 2012 to 2014.

Asked what the US makes of his presidential pardon Biggins responded: “We have taken note of the actions by the government of Malawi.”

The US Embassy was, however, noncommittal when asked what it takes for one to be struck off its blacklist.

Minister of Information and Digitisation Moses Kunkuyu said the pardoning was done in line with the legal requirements, therefore, not worth debate.

“The conviction was based on a judicial process in line with the criminal Justice system of the country as guided by the Republican Constitution and the Corrupt Practices Act in particular.

“The pardoning itself again was based on a presidential prerogative as enshrined in the Republican Constitution which we cannot begin to debate,” he said.

However, civil society organisations have said the US stand is a disapproval of Mussa’s presidential pardon.

Said Centre for Social Accountability and Transparency executive director Willy Kambwandira: “The pardon raises eyebrows and we think it is a way of politicians taking advantage of the policy to get away from accountability.

“We are not surprised though with the US stand on its travel ban on Uladi Mussa. It is a strong diplomatic statement of disapproval of President Chakwera’s pardon.”

Youth and Society executive director Charles Kajoloweka said the US is within its right to sustain the sanctions against Mussa.

“We can only speculate that the US Government wants to demonstrate its undivided commitment to the fight against corruption in Malawi by among other things increasing the cost of corruption on individuals, including those with close proximity to the ruling elite,” he said.

When we tried to seek Mussa’s comment, he cut off the line after we introduced the topic. He could not pick up our calls later.

Meanwhile, the former minister has discontinued his appeal against his conviction which he launched after his pardon.

His lawyer Chancy Gondwe confirmed this on Saturday in a written communication.

He said: “We discussed the matter surrounding the appeal and the pardon. He has reconsidered his instructions and we shall not be proceeding with the appeal.”

Failure to quash the conviction means the former Salima South legislator cannot contest for an elected office until the expiry of seven years from the day one is released from jail.

Reads Section 51(2)(c) of the Constitution: “No person shall be qualified to be nominated or elected as a member of Parliament if that person has, within the last seven years, been convicted by a competent court of a crime involving dishonesty or moral turpitude.”