Malawi assets law is ‘legitimate fraud’ – Justice Link

Law expert and Executive Director of Justice Link , Justin Dzonzi says the Public Officers Declaration of Assets,Liabilities and Business Interest is just as a legitimate fraud that pretends to provide information on declared assets on one hand while concealing it on the other.

Dzonzi:  Why concealing the declared assets

Dzonzi: Why concealing the declared assets

Dzonzi trashed the procedure for applying to access the assets information, saying all declared assets including those of President were supposed to be automatically made public even without anyone applying for access to them.

“No one should be applying for something that is supposed to be treated as public information,” said Dzonzi in comments attributed to him in the local press.

“ In essence, the declared assest were supposed to be compiled and published  in a booklet or on a database where Malawians should easily access them”, said Dzonzi

The lawyer said if the limitations are that strict, then Malawi shouldn’t have had the assets law in the first place.

“Why should the law allow something that is declared to be concealed?”, queried Dzonzi.

The lawyer also felt that all people who assume public positions including civil society organisations (CSOs) leaders need to declare their assets so that they too can be accountable to Malawians.

“It shouldn’t necessarily be confined to public servants. But, I understand that the emphasis is currently on public servants because they use public resources and therefore need to be accountable to the
public”, he said.

The assets law also give powers to the director to refuse or grant access to the declared assets if he deems it necessary.

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21 thoughts on “Malawi assets law is ‘legitimate fraud’ – Justice Link”

  1. Geoge Ndatopa says:

    In USA they publish all the public officers assets

  2. kachikho says:

    Publicizing peoples’s assets is not good but the information should be copied to the interested enforcement agencies for necessary action at an appropriate time. Agencies such as the MRA , ACB and the Financial Intelligence Unit

  3. John Suzi Makhawa says:

    Dzonzi you are stupid. You just love talking. You forget that you are part of the team that was drafting this law. This is the law that your mama Joyce assented to and you were quiet. You want to be relevant today? No wonder unkabwereza bwereza ku Chancol ulibe nzeru. So you want even thieves to know what we have so that you send them to rob us? Empty liar.

    1. Trueworths says:

      John, don’t take it at personal level with Dzonzi. I’ll d suggest that; all these positions applications for jobs must be accompanied by a list of assets owned and their certified value. That way no law enforcing agency will be seen or thought to be towing the line of anyone in the discharge of their duties

  4. please says:

    How is it done in other countries because these are copied ideas ,chanzeru ndi chimene mwanena kuti ma CSO apangenso declare otherwise the process is ok ,there are issues of security of people concerned by thugs,banks loans in case you have hidden some information for business,komanso public servants some are had workers and they earn good monies legitimately do do not be misled mutaya nthawi.

  5. Pita Munthalikha says:

    i have no problem with the law. Seriously, if i have declared my assets anyone wanting to know what I have should have a legitimate reason why they want to know. I am suspected of theft or corruption. But i wouldn’t want the application process to be difficult

  6. Getrude Katundu says:

    Mr Dzonzi,
    Thats a good observation. What you do in that situation is to challenge the effectiveness or the application of that law by suing the Director of assets declaration or whatever his title is, argument being that he has misapplied the law on assets declaration, and let the judiciary interpret it purposively, taking into account the intention of parliament at the time of enactment. If it still doesnt work, lobby parliament for amendment. But Kudos for pointing this out. There is a price for being a public officer and the public officers should appreciate that because they have become so rotten and corrupt, we demand to know more about what they are doing and how they are handling our money, and making decisions on our behalf. If they want privacy, let them leave the public service.

  7. Thambanimwaima says:

    But will this help eradicate corruption and fraud?

  8. atate says:

    Mbona is right

  9. Piche Yakiti says:

    No 9 Attorney General, can you tell this forum two ways only through which if these assets are made public they may be abused?

    Does this law select the individuals who can access that so called public information? Everybody who is working in Malawi pays P.E.Y.E every month to fund these public servants. Its just about me wanting to see that this money is not just being munched by someone hence i need to check on his wealth…..I totally agree with Justin Dzonzi.

    If anything just repeal this law and let them continue to eat our money freely. I hope when they die, they shall pay us in heaven.

  10. CIGAWENGA says:

    We seem to be going back wards in this country. How are we going to make our corrupt leaders accountable if we enact such restrictive laws? Who passed this stupid law in the first place? It is not surprising that our inept corrupt leaders continue their crooked ways. We need to end corruption and if declaration of assets is not taken seriously we will continue to see abuse of office and resources. WE EITHER TAKE LAW IN OUR OWN HANDS AND DO AWAY WITH CORRUP ROT OR WE NEED TO CAHNGE THIS STUPID LAW.

  11. crispen kandido says:

    good observation and it needs urgent attention

  12. attorney general says:

    I think there is need for regulation of the declared information to avoid abuse.wholesale public access is not that common even in other western countries.

  13. MBACHI says:

    We are rulled by crooks.

  14. In other words let all the public officers and all civil servants declare their assets. It should not be just to few people. How will you compare the wealth of the listed officers with those who are not? I feel this as descrimination to those listed officers. Let everyone who uses public funds declare within three months after employed by government.

  15. Patriot says:

    Kikikiki koma Dzonzi, auze.
    Ayidziwa Malawi kikiki

  16. Mswachi says:

    This is worrisome, why should someone’s assets be displayed publicly? Just because he or she is a Civil Servant? There must be a valid reason to access the assets of someone. That’s my view.

  17. Achimidzimidzi says:

    I would have agreed with Mr. Dzonzi but my observation is that our leaders are rarely honesty. They are never transparent.

    They are driven by greed. Examine all, just all what they do, you will note that there is some elements of selfishness. They don’t feel devastating poverty some of us are in. They think they are in heaven and me in hell just because I voted for them.

    Anyway, Tukula is very unworthy citizen.

  18. midnight 6 says:

    We got a headless chicken presiding over a broken nation

  19. mboma says:

    there is only one profession that has messed-up governace flaws of this country and that profession is LAW, what a trash of field, field that knows in designing ways of scheming Malawians,Malawi problems can be summarised as follows, 30% legal profession has messed up our country via their stupid constitituion, making counter and stupid laws for the country and politicians have found stupid loopholes in this stupid booklet, 25% poor leadership, most leaders in Malawi have their welfare at heart, they have proved to be bandits, thugs most of them are looters, 20% illiteracy levels among Malawians, this is where most Malawians are to blame for remaining dormant the past 50 yrs even when clear evidence is there, 20 tribal/regional/nepotism, 70 of Malawians the past 50 yrs have been wasted solely based on fighting or gossiping about other Malawian tribes, there is too much tribal/regional stereotype in this country each region wants to prove to the other that it is better than the other, in other words we have fought battles, we fight among ourselves which tribe should leader and not how our poverty can be kicked out in the poorest country!!!!!!

  20. mbwaxe says:

    Axountry full of lomboz!!!!!!

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