Malawi Law Society questions ACB in Muluzi case

Malawi Law Society (MLS) has said the Anti Corruption Bureau (ACB) has its operational independence compromised in the  the trial involving former president Bakili Muluzi  and his  the personal assistant Lyness Violey Whisky.

Suzi-Banda:

Suzi-Banda: ACB should bodly explain itself to the people of Malawi

Muluzi, who ruled the southern African country between 1994 and 2004, and his co-accused, Whisky,stand accused of diverting at least US$ 13 million of what the State had claimed was donor money meant for various government development projects to his personal accounts.

According to ACB boss, Lucas Kondowe,  the graft-bursting body  simply has no objective material evidence that Muluzi was siphoning from state coffers during his decade as leader of the nation.

Muluzi, 73, had  funds that had been gifted by Libya, Morocco, Kuwait and Taiwan for his political campaign and that of his handpicked successor late Bingu wa Mutharika.

Malawi Law Society said in a statement seen by Nyasa Times that  ACB’s decisions on whether to further prosecute the matter to its logical conclusion was  no longer being guided by the clarity of the objective evidence, but “some relevant matters” that should ordinarily have no bearing on the case.

“We call upon the bureau to boldly explain itself to the people of Malawi why it is failing to prosecute such a high-profile matter with the seriousness and professionalism expected of such an institution,” reads a statement jointly  signed by Law Society’s president John Suzi Banda and its secretary Khumbo Soko.

The MLS statement added that criminal prosecution are conducted on behalf of the people of Malawi and “it is imperative that the Bureau should not take the public for granted.”

Reads the statement in part: “It (ACB) should, in good faith, explain its actions and/or inactions clearly to the public.”

Lead prosecutor and graft-busting bod’s deputy, Reyneck Matemba, recused himself on 5 May 2016 from the Muluzi case on “personal grounds”.

The Law Society, has since urged ACB to either “competetntly and diligently” prosecute Muluzi and his co-accused or hand over the matter to Director of Public Prosecution (DPP).

The MLS has recommended the DPP to appoint a special independent prosecutor in  exercise of her powers under section 100 (1) of the Constutution as read with section 79 of the Criminal Procedure and Evidence Code.

The special prosecutor will evaluate the prosecution evidence

According to Africa Confidential publication, in early July, ACB boss Kondowe took the unusual step of visiting media houses to explain that after lengthy enquiries costing billions of kwacha, there was not enough evidence to proceed with the case against Muluzi.

Kondowe claimed to have consulted three previous ACB directors – Gustave Kaliwo, Justice Rezine Mzikamanda and Alexius Nampota – on the Muluzi case and draw conclusion that the case isn’t strong enough.

The ACB boss stressed there is no political hand in the direction of Muluzi case, saying bureau is an independent institution that  makes independent decisions – a point backed by Malawi Law Society.

MLS warns that it will take further unspecified action if it is not satisfaied with the wat the case is being handled.

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Vyamtonda
Guest
1 month 10 days ago

as long as the son is a minister nothing will come out on this poor Malawi

gringo
Guest
gringo
1 month 12 days ago

ACB mukumaona nkhope pozenga milandu,even ya cashgate mutha kuisiya because the guys involved are also Malawians

Imraan Sadick
Guest
1 month 13 days ago

Za iiiiiii iiiiiii mmalo muti mukagwire Joice Banda uko Atcheya atani

Joseph Banda
Guest
Joseph Banda
1 month 13 days ago

Suzi Banda, Suzi Banda, Suzi Banda, how many times have I called your name. Be practical! If you have evidence to rebut the ACB director that he doubts, take it to them. Do not look intelligent in the papers. Do not be a bigot

BlackImage
Guest
1 month 13 days ago

11yrs nkhani imadzimodzi tatopa nkuluza misonkho anthu mxewwwww

Mfana odzisata
Guest
Mfana odzisata
1 month 13 days ago

MLS better stay relevant to the needs of today !!!!
What’s your stand on the current report from ACB?
Are there no legal means to force govt to reveal names of suspected swindlers?

Muluzi’s case might have been politically motivated then, we aint going anywhere with it but lets stay relevant please

Central
Guest
Central
1 month 13 days ago

Kudos Suzi Banda and Khumbo Soko!! You are our only hope !! Chonde, chonde, chonde don’t accept any “chisikono”!!

Kodi?
Guest
Kodi?
1 month 13 days ago

That’s why we never trust lawyers.

peter
Guest
peter
1 month 13 days ago

Crooked Lucas will face the wrath of the public on behalf of the criminals he is shielding!

kkilembe
Guest
kkilembe
1 month 12 days ago

Muluzi did not steal the money? Shoot my foot. Only a fool would believe this. ACB is taking hewe povos for granted. ACB should rebrand itself as Corruption Bureau of Thieves(CBT)

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