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Many Malawians say that the more ACB talks about the ills of corruption, the more people — particularly high profile politicians and civil servants — continue to indulge in corrupt practices.
Even the new ACB director Gustav Kaliwo confirms that many ordinary Malawians are not satisfied with the work of the bureau.
“There are some people that would say we have succeeded to an extent in the areas of corruption prevention and civic education. Some would even mention cases where because of the intervention of the bureau major contracts that would have cost government a lot of money have been cancelled.
“However, to many ordinary Malawians, who really should be our judges, the Anti-Corruption Bureau has not lived [up] to their expectation,” Kaliwo said on Saturday in Lilongwe when the country commemorated the National Anti-Corruption Day.
These ordinary Malawians, Kaliwo said, say despite the existence of the Anti-Corruption Bureau, they have seen people indulge in corrupt activities with impunity. They have seen delays in concluding corruption cases.
“They feel the bureau is only serious in prosecuting petty corruption cases and leaves out serious ones. To them, the bureau appears to have favoured the rich and to have penalised the poor,” he added.
Although this assessment may appear harsh, it has some grains of truth and that should give the bureau some food for thought as it goes into the second chapter of the fight against the vice, with President Bingu wa Mutharika on the driving seat.
By extension, the assessment should also ignite debate among ordinary Malawians and legal experts as the consultative meetings on the forth-coming constitutional review conference continue to take place in different parts of the country.
The Malawi Law Commission recommended to government a few years ago that for ACB to be more effective, there was need for it to prosecution corruption cases without first seeking consent from the Director of Public Prosecutions (DPP).
But the Muluzi administration, which set up ACB and spoke strongly against corruption, did not take the recommendation in its entirety. Instead, it amended the Corrupt Practices Act so that it compels the DPP to explain reasons for refusing to give consent to the bureau, among other minor changes to the Act.
Former British High Commissioner to Malawi Norman Ling was among the members of the diplomatic corps who tried in vain to convince the former government to allow ACB to prosecute corruption cases without first seeking consent from the DPP.
“Governments are elected to run the affairs of the state. It is within their prerogative, as elected governments, to determine what must be enacted. The rest of us can only make recommendations,” Law Commissioner Elton Singini said in an earlier interview when the government ignored some of its recommendations.
President Mutharika has repeatedly promised to put his weight behind ACB, saying he would not protect any corrupt person in his government.
“I will not relent until the roots of corruption have been pulled out from our nation. I will not relent until those who plundered our economy with impunity have been brought to book,” Mutharika told the nation when he presided over activities marking this year’s National Anti-Corruption Day at Kamuzu Institute for Youth.
The President said Malawians are tired of being deprived of their legitimate share of prosperity because of a few corrupt individuals and the continued scandals of corruption are discouraging local and foreign investment.
Chairman of Human Rights Consultative Committee (HRCC) Rodgers Newa said that unless the Corrupt Practices Act is amended to allow ACB prosecute all cases without first seeking consent from the DPP, the bureau will still remain a toothless bulldog.
While admitting the shortfalls of his office, the new ACB director has promised to bite without fear or favour.
“We shall not look at anybody’s status or inclination but shall follow the law to the letter,” Kaliwo said.
But this can only happen if the playing field is levelled for the bureau. The Law Commission’s recommendation on the DPP’s consent has to be looked at again, if the bureau is to become more effective.
Kaliwo said although the recent amendment of the Corrupt Practices Act has given ACB the substantive legal framework needed for its operations, and that the institution enjoys a happy working relationship with the DPP, it is still worth revisiting the recommendation from the Law Commission.
In addition, the Act should be amended so that it allows ACB officers to arrest corruption suspects with a warrant from a court. In the same vein the amendment should also allow the officers to search a suspect without first seeking a search warrant.
According to Kaliwo, the bureau has formulated a strategic plan, which will guide its operations in the next five years. ACB intends to involve all stakeholders in the implementation of the strategy.
The bureau also intends to establish an anti-corruption hotline that would enable members of the public to give information on corrupt practices. Currently, the Act protects whistle blowers.
Only when all the loopholes in Corrupt Practices Act are tightened will the bureau be in a position to effectively pursue all corrupt individuals and once convicted “trace their assets and return them to Malawians, to whom such assets belong.”
Now is the time tome make necessary recommendations to Constitutions in relation to activities of the Anti-Corruption Bureau.
Captions
— Not looking at status: Kaliwo
— Singini: We can only make recommendations
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