Africa-Press – Malawi. The news that the new Director of Public Prosecution (DPP) Masauko Chamkakala has cut a deal where Cash gate individuals have been asked to return the money they stole lends credence to the Idea that our civilian administration has collapsed and we are lacking the leadership skills and wisdom to run a country that is in a crisis.
Unfortunately for us, the Lazerus Chakwera’s Tonse Administration is creating scandals at such an alarming rate that it is difficult to keep up. Most of the wrongs and very bad policies are being introduced quietly. Without a serious media, we are often unable to ask questions and keep our public servants in check.
First, the levels of crimes that were committed In the Third and Fourth Republic under the first Mutharika and second Mutharika never mind the short lived PP administration and the UDF administrations require a full national commission of inquiry and a special tribunal. These administrations plundered close to US$2 billion.
Theft and pilferage that falls outside the Cashgate is inestimable and may run in several billions of dollars. Very few people were held accountable. Banks, Companies and high-ranking civil servants and politicians from across the political parties have never been held accountable.
We the people need to get the Justice Minister, the Attorney General and the DPP to come out and explain the legal framework under which these deals are being made.
Given the enormity and seriousness of these financial crimes, should there not be public consultations before starting these grand amnesty schemes? Has the administration forgotten that the current AG tried what was considered a surreptitious amnesty and it failed?
Is the government trying now to undercut the work of this ACB and future ACBs by closing corruption cases? (What an irony! The government and its supporters are beating down the DG of the ACB for not prosecuting old corruption cases while closing them quietly.)
What will be the legal status of people who assisted in the financial crimes for which people are being forgiven? Are the accomplices also automatically forgiven?
On the return of the stolen money, are the crooks being asked to pay with interest? Are we adjusting repayment for inflation? If someone stole MK100 million and now he has built a billion Kwacha business, does he return the MK100 million and gets to keep the business?
In the administration of these amnesty deals are there any considerations for the direct injury to the public in specific circumstances where people stole money earmarked for specific projects? (A case in point, if you stole COVID money can you return the money without facing the consequences for the deaths that were caused by these thefts? Or is it rudimentary legal arguments that COVID caused the deaths and the absence of oxygen can not be proven as contributing to the deaths?)
Is this a precedent that we are setting for the competent administration of justice in our country? As a citizen, I would want our parliament to take a lead on this new amnesty. I would also want to see the communications and deliberations between the key leaders in the justice department, the minister, Ag and the DPP that led to this decision.
It is about time that the administration started showing respect to the public. It is also important to start envisaging a situation where these outrageous decisions will need to be defended under different circumstances. My people, how did we get here? Is this Banda’s Malawi? What is happening in Malawi?
I and many others are not ready to give up on this country. We are ready to fight for the return of order. Change is inevitable. What is going on is intolerable.
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