Africa-Press – Malawi. The country’s renown human rights activist Undule Mwakasungula continues to rebuke embattled Anti-Corruption Bureau (ACB) Martha Chizuma’s selective prosecution of some cases.
In a press statement made available to The Maravi Post on Wednesday, September 28, 2022 expressed worrisome on how ACB leadership lacks strategic direction. Mwakasungula observes that ACB leadership accepted that the responsibilities are too huge to handle.
“I am one of those who very much supported for the ACB Director appointment but I am short of words to say I have been disappointed months down the line with the slow pace of cases, selective prosecution of the cases, lack of strategic direction and leadership of ACB hence making it very difficult to still continuing having confidence in her.
“I believe it is time that the ACB leadership accepted that the responsibilities are too huge to handle. May be its time to pave way for others or for the appointing authority to decide otherwise for the good of the fight against corruption in Malawi. Moving in circles with the business as usual approach is a disaster in this fight against corruption,” observes Mwakasungula.
Below is Mwakasungula’s full statement on current ACB status:
Progress and Way forward on Malawi’s fight against corruption
Malawi has registered progress in the fight against corruption and this is a positive sign of commitment from the leadership and government. The Presidential assent to the Corrupt Practices (Amendment) Act weeks ago is a major milestone in the fight against corruption. This gives all stakeholders the opportunity on the need to take a deep reflection on how to contribute towards the success of the cause.
Part of that reflection could be a candid discussion amongst on how Malawi has fared in the past and how we intend to re-route our efforts with the new legal instruments put in place.
The coming in of the new law is a very welcome development as it will add value to the fight against corruption. However, on the other hand it will take more than a good law to achieve desirable results.
Firstly, we must appreciate that the new law was advocated for as a remedy to slow progress in handling cases by the Anti Corruption Bureau. The advocacy on the other hand was birthed at the back of goodwill towards the current ACB Director General, Martha Chizuma, who people thought needs more freedom to initiate prosecutorial processes independently.
Notwithstanding that the new law is a plus to the cause, it is worrisome to note that as a nation we needed a new law to address mistrust and misunderstanding between/among state agencies that are mandated to coordinate in the fight against corruption.
This is also taking into views of some renowned legal experts who also pointed out the errors that were made in thinking that a new law is enough to fight corruption and address all the limitation on ACB in prosecuting cases.
Further to the new law, Malawians have however somehow noted the ACB Director General displaying both moral and professional inefficiencies which might be affecting the operations of the institution not limited to the ones as outlined below;
Further this is in inclusion of other key stakeholders such as the Financial Intelligence Authority (FIA), Malawi Police Service (Fiscal Police) and Malawi Revenue Authority (MRA) among others who seem to have been less or not at all consulted. We can not win the fight against corruption when ACB is working in isolation.
Way forward
It is clear that the new Corrupt Practices (Amendment) Bill has come at the right time but the nation still has outstanding issues to address within the ACB. The new law may not be implemented effectively with lack of strategic focus by the ACB and maybe some personality and conduct of the leadership.
Implementing a new law in the midst of lack of strategic focus and direction, all this unprofessional conduct is a dangerous path in the fight against corruption.
What needs to be done urgently
Where Malawi stands right now it will only be right and proper to allow the new Corrupt Practices (Amendment) Bill be implemented in an environment that is conducive for success. Unfortunately, it is worrisome that this point in time the ACB and its leadership seem to be moving in circles and signing the same old songs.
Malawians need to see progress at ACB in terms of movements of the cases and not to hear media briefings or unnecessary excuses. With the new law the ACB leadership cannot excuses anymore to give to Malawians. Failure to deliver with the new law in place will give many Malawians further questions in terms of inefficiency of the ACB leadership and institution as a whole.
I am one of those who very much supported for the ACB Director appointment but I am short of words to say I have been disappointed months down the line with the slow pace of cases, selective prosecution of the cases, lack of strategic direction and leadership of ACB hence making it very difficult to still continuing having confidence in her. I believe it is time that the ACB leadership accepted that the responsibilities are too huge to handle. May be its time to pave way for others or for the appointing authority to decide otherwise for the good of the fight against corruption in Malawi. Moving in circles with the business as usual approach is a disaster in this fight against corruption.
May the Lord help us as we strive collectively to make Malawi free from corruption. Signed by Undule Mwakasungula, Governance and Human Rights Defender.
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