Africa-Press – Malawi. Amid growing concerns that the fight against corruption is sluggish in Malawi, the Anti- Corruption Bureau (ACB) has now gone over a year without a substantive Director General (DG), following the expiry of the term of former DG Martha Chizuma.
Chizuma’s tenure officially ended on March 31, 2024, after she had served a full three-year term since her appointment in April 2021.
She declined to renew her contract, choosing instead to step down at the end of her term.
Following her departure, Deputy DG Hillary Chilomba assumed the role of acting DG, in accordance with the Corrupt Practices Act.
Analysts have since expressed concern over the absence of a substantive DG at the bureau, saying that it undermines its ability to pursue high-profile cases effectively and diminishes public confidence in the integrity of justice delivery.
Ministry of Justice spokesperson Frank Namangale Monday declined to comment on the matter, insisting that it is currently in court.
In January this year, Ombudsman Grace Malera issued a determination disqualifying Chilomba and private-practice lawyer Oscar Taulo from the DG shortlist, citing their alleged failure to meet some requirements, as outlined in a complaint submitted to her office.
“If there are any candidates on the Ministry of Justice’s list who also fail to meet the threshold stipulated in Section 6, Subsection (1) of the Corrupt Practices Act, they should be removed and disqualified,” Malera said.
Following the determination, both Chilomba and Taulo challenged the Ombudsman’s decision in court, a case that is yet to be concluded.
Willy KambwandiraAccording to governance and accountability commentators, when the ACB operates without a substantive DG, it creates a number of serious institutional and operational gaps that weaken the bureau’s effectiveness.
Centre for Social Accountability and Transparency Executive Director Willy Kambwandira said the absence of the bureau’s DG affects its authority and credibility.
“Leadership in such an agency is not just symbolic; it is central to setting direction, maintaining independence and ensuring that the bureau can carry out its mandate without fear or favour.
“An acting head may be hesitant to make bold or long-term decisions, often opting for a caretaker approach rather than pursuing high-stakes investigations or strategic reforms,” Kambwandira said in an interview Monday.
He added that, internally, staff morale can suffer as employees may feel uncertain about the bureau’s direction or worry about potential changes in leadership.
According to Kambwandira, operational decisions that require the DG’s formal approval, such as launching major investigations, allocating resources or engaging with external partners, may be delayed or put on hold.
“In short, the DG often serves as the face of the bureau in high-level engagements including government meetings and donor discussions.
“An acting DG may lack the authority or confidence to fully engage at this level, which can limit opportunities for support, funding or technical cooperation,” Kambwandira said.
Benedicto Kondowe On his part, National Advocacy Platform Chairperson Benedicto Kondowe said the delay to appoint a substantive DG undermines the ACB’s ability to pursue high-profile cases effectively and erodes public confidence in the justice system.
“An acting official, who may have a personal interest in securing the substantive position, is unlikely to act with the same decisiveness, independence and assertiveness required for such a crucial role,” Kondowe said.
He further urged President Lazarus Chakwera and relevant authorities to take decisive action by appointing a competent, independent and credible DG without delay.
Kondowe said that if legal issues persist, they must be resolved urgently and transparently.
He also called on Parliament, civil society and oversight institutions to demand answers and timelines from the Executive on the matter.
University of Malawi political analyst Gift Sambo told The Daily Times that it is important to acknowledge and appreciate that the office of the ACB Director is pivotal in the fight against corruption.
However, Sambo said the absence of the ACB head does not necessarily affect the operations of the office, as there are individuals responsible for day-to-day functions.
“So, I don’t think the mere absence of the ACB Director can disincentivise the institution in its quest to fight corruption.
“Those who are currently charged with the responsibility to lead the institution should do the needful with the guidance of the relevant laws,” Sambo said.
He added that all stakeholders should play their part to ensure that the vacancy in the office of the ACB DG is filled in accordance with constitutional requirements.
In the wake of the saga surrounding the process of appointing a new ACB DG after Chizuma’s departure, Chakwera ordered the reappointment of Chilomba as Acting DG, a situation that remains in place to this day.
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