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The must that the DPP should go on okaying Anti-Corruption Bureau (ACB) prosecutions is a threat to the bureau’s independence in the fight against corruption, as it depends on personal feelings of the holder of the public prosecutor’s office, the bureau director Gustave Kaliwo has said.
Unlike in past when the DPP would just deny consent, he will now, after an amendment of the law, be required to explain his denial of consent to Parliament 30 days after making his decision.
This was against the view of the technical review commission on the law, which recommended that the requirement to have the ACB first obtain consent from the DPP be removed.
“This solved the problem partly. But we need to keep looking at this provision to make sure it is brought to an acceptable standard. We are lucky now that we have a DPP who is readily giving consent. But what will happen if in comes a DPP who is not cooperative?” questioned Kaliwo.
He was responding to a query by Lilongwe Mpenu Nkhoma PM Louis Chimango during a debate by Lilongwe Press Club on whether the retention of the DPP’s consent was giving proper signals about government’s commitment to fighting corruption.
Current DPP Ishmael Wadi is on record as saying he felt the consent should remain.
He said the law makes the offices of DPP as the overseer of prosecutions in the country.
Kaliwo, a panellist during the debate, revealed in his presentation that the ACB was working out mechanisms to encourage and protect whistle blowers.
“We are trying to come up with out of office hot-lines and where informers can use coded names. This will be done to protect sources of information,” said Kaliwo.
The ACB director said the bureau was now on track.
“We currently have political will at the highest level which was lacking in the past. We are increasing staffing levels. Funding has also been increased, but we need more,” said Kaliwo.
Economics Association of Malawi (Ecama) spokesman Perks Ligoya, another panellist, told the ACB that Malawians are looking forward to a day when the ACB will land big fish like in Zambia where its former president Chiluba is facing graft charges.
Ligoya also said that those committing corruption now should also not be spared.
“I am not insinuating anything, but in Zambia they are grappling with a case where its former president is in court answering graft charges,” said Ligoya during a debate on how Malawi can deal with corruption. “We want big fish to be landed as well.”
A smile playing across his lips, Kaliwo said: “No one will be spared.”
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