Releasing ‘grand corruption’ names has legal implications – AG

Auditor General (AG) Stephen Kamphasa says he has sought legal advice from the Attorney General on whether to release names and companies named in the forensic audit that established that about K236 billion in public funds could not be reconciliated between 2009 and December 31 2014.

Kaphale, Senior Counsel: To give legal advice

Kaphale, Senior Counsel: To give legal advice

Kamphasa said there was some“legal implications” on the release of the names hence the decision to consult Attorney General Kalekeni Kaphale for legal opinion.

The government was expected to release the names and companies on Tuesday.

The audit was conducted by British firm RSM Risk Insurance LLP.

The Auditor General has not however indicated when he will get the response.

President of the Malawi Law Society of Malawi John Suzi Banda has backed the Auditor General on his decision to delay the release of the names until a legal advice is sought.

“He indeed needs to seek the legal opinion to ensure that all legal implications are cleared. He should  hold on to the names until he is advised,” Banda said.

He said rushing in releasing the names might have prosecution implications.

“Our focus should not be on the release of the names, we should not be excited with the release of the names but successful prosecution of those involved therefore the auditor general needs to be cautious,” said John Suzi Banda.

He however urged the Attorney General to give the legal advice in a transparent manner to clear suspicion.

According to the report, the audit found that K83.5 billion of the K236 billion which could not be accounted for was paid to 44 companies from the sample of 50 that the auditors selected to analyse.

The audit also found that billions were lost in overpayment of goods and services, duplicate payments and overpayment on shipping to wrong locations.

Initially, the amount suspected to have not been accounted for was pegged at K577 billion, according to a PricewaterhouseCoopers (PwC) data analysis released in May 2015.

However, the forensic audit established, through its testing of the system and controls, that the unreconciled funds could be in the region of K236 billion.

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tozer tsono
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tozer tsono
2 months 14 days ago
After the murder of ACB Director Njauju, and the prevailing failure to unearth the perpetrators, it would make sense to publicize the names. Remember this, “Although the government has through Minister of Information and Civic Education Kondwani Nankhumwa asked people not to speculate about his death, there is high belief in the public domain that the Mangochi man might have been murdered due to the nature of his job”. If you can publicize businesses names, which are owned by looters, why not publicize the names of individuals? Attorney General has provided wrong advice. Infact, he should have recused himself having… Read more »
Ozitsata
Guest
Ozitsata
2 months 14 days ago

Is the Attorney General himself conflicted; one way or the other?

The Patriot
Guest
The Patriot
2 months 14 days ago

Since when has naming a suspect become a legal problem? During the PP government cashgate names were released immediately, without asking the former AG for a legal opinion!
What if Mr Kaphale takes years to give us his “opinion”?
Just tell us the names of the “tycoons” and political heavy weights involved and we will start bashing them here at Nyasatimes! We will bash them, their party, their tribes and their girlfriends or boyfriends!!
Kumene muliko the “cashgate 7” , you shoukd be peeing in your pants!

Achimidzimidzi
Guest
Achimidzimidzi
2 months 14 days ago

All we want to know are names of people who received payments that our AG is failing account for.
These people are responsible enough to show us what services were being paid for.

After all, we know DPP and PP are the only parties whose members are registered thieves in Malawi. Very few may come from MCP or AFORD.

Maunisi
Guest
Maunisi
2 months 14 days ago
Agree with number 3 the other minister who is involved is Kondwani Nankhumwa. There remain three will come out tomorrow. You can see all these names are Lhomwe people. Guys these are thieves no wonder Kamphasha is fearing. We will not accept prosecution should take its course. Anthu oipa inu mmanyoza Joice Banda kuti anali wakuba wakuba muli inu. Joice Banda released the names immediately why not u I know there is also big fish in this grand theft. Impeachment will have to take its course. Kamlepo we rely on you come on these people have stolen all our moneys… Read more »
ManoRo
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ManoRo
2 months 14 days ago

Some Malawians are imbeciles. Can’t you see that releasing names will scare away material evidence that could be used in prosecuting the suspects in court? The AG can even launch investigations on the suspects now before they conceal prime evidence.

Trendex
Guest
Trendex
2 months 14 days ago

IF CASHGATE HAS LEGAL IMPLICATIONS, THEN RELEASE THOSE ARE SERVING SENTENCES ON THE SAME BECAUSE THEY ARE SERVING THEIR SENTENCES ON CASHGATE ACCUSATIONS. WHY DO YOU WANT TO SPARE SACRED COWS?

Bwana
Guest
Bwana
2 months 14 days ago

Spot on! Why is it that these same fools are busy implicating JB on the same without thinking about legal implications even if no audit report mentions her. This is from an audit report so mention them

john
Guest
john
2 months 15 days ago

IF KAMPHASA IS RUNNING AWAY FROM RESPONSIBILITY, I CAN HELP HIM NAME THE CULPRITS. AMONG THE SEVEN MINISTERS WE HAVE KALIATI, CHAPONDA AND HENRY MUSSA. I WILL BRING MORE NAMES TOMORROW.

john
Guest
john
2 months 15 days ago

I DONT SEE THE LEGAL IMPLICATIONS HERE. ITS NOT LIKE THE AG WOULD TELL THE NATION THAT SUCH SUCH INDIVIDUALS AND COMPANIES STOLE THE MONEY. HE WILL SIMPLY NAME THE INDIVIDUALS AND COMPANIES AND STATE THAT THEIR FILES HAVE GONE TO ACB FOR FURTHER SCRUTINY. FINISH. PALIBE ZOOPA APA. MWATANI KODI A SUZI BANDA?

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