ACB appeal on Chaponda’s corruption should not be another ‘window dressing’ exercise —Activist

Governance expert and human right activist Makhumbo Munthali has welcomed the decision by the Anti-Corruption Bureau (ACB) to appeal the acquittal of former Cabinet minister George Chaponda following criticism from some civil society organisations (CSOs) that it presented a weaker case against the former minister.

George Chaponda: His case to be appealed by ACB

 Zomba chief resident magistrate Paul Chiotcha acquitted Chaponda and businessperson Rashid Tayub in corruption related charges over $34.5 million maize order from Zambia.

Chaponda was cleared on all three charges of giving false information to ACB, influencing a public officer to misuse his position and possession of foreign currency while Tayub was acquitted on the charge of persuading a public officer to misuse his position.

CSOs—Youth and Society (YAS), Centre for Human Rights and Rehabilitation (CHRR) and Centre for the Development of People (Cedep)—condemning the ACB and the court for alleged institutional incompetence in the fight against corruption.

They asked ACB to drop its “declaration of defeat” and genuinely side with the public interest by re-embarking on the matter with an appeal at High Court “in seeking recourse on this accountability matter of national importance.”

ACB director general Reyneck Matemba announced on Tuesday that the bureau will file an appeal against the acquittal of Chaponda, who is also governing Democratic Progressive Party (DPP) vice-president for the Southern Region.

Commenting on ACB announcement, Munthali, formerly of Center for Human Rights and Rehabilitation, said the appeal  is welcome mindful of the fact that the public had registered dissatisfaction with the ruling by the lower court.

However,  Munthali said the recent public outbursts by the ACB director directed at CSOs who were questioning the Bureau’s failure to appeal and allegations that the State  tacitly presented a weaker case to save Chaponda, some quarters would still think that graft-busting body is only “succumbing to public pressure in order to show that something was being done when in reality ACB already gave up on the case a long time ago even before the magistrate ruling.”

He observed that the appealing to the High Court would just be another “window dressing” attempt aimed at appeasing both donors and the public- who have closely followed this high-profile case- that ACB was serious in its fight against corruption.

However, on the other hand the public pressure may indirectly force ACB to be more focused and submit a strong case against the former minister to secure a conviction so that it spruces up its image and restore public trust.

“Otherwise, it was careless and insensitive for ACB to immediately announce that it would not appeal after the magistrate’s ruling when the public’s expectation was that it would. Thanks to CSOs pressure  on the same.

“But it would be interesting to see how ACB will be able to overcome political interference mindful of the fact that the elections are around the corner, and that the person the bureau intends to appeal against is such a powerful figure in the party and allegedly at the center of the party’s leadership succession plan with some speculating that Mutharika would love to hand over power to him at the completion of his term,” said Munthali.

In January 2017, President Peter Mutharika ordered an investigation into $34.5 million maize order from Zambia after a Zambian opposition leader  Savior Chishimba said he had seen documents showing Malawi had been charged $345 per tonne instead of $245 a tonne.

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Mas terterg
Mas terterg
5 years ago

ACB appeal is waste of tax payers money and that is witch hunting
The

Central
Central
5 years ago

ACB is being used by politicians just like toilet paper…………………………..!! And is a worst money for Malawians

Kenwell Chipungu
Kenwell Chipungu
5 years ago
Reply to  Central

George Chaponda wil wiiiiiiinnnnnnnnn aaaaaaggggaaaaiiiiiiinnnnnnnnnnn!

Heavy-duty
Heavy-duty
5 years ago

Koma izi ndi zodabwitsa kwambiri. You so called activists (or unemployable guys who form what you call human rights noise groupings) – are you judges now? Ma Khoti aziweruza milandu basing on what you want and think? Mlandu mukawina – its justice, mukaluza – its justice miscarriage, should things go like that? Do you want to dictate how courts examines and rules on cases? Play with others but Courts is a NO GO ZONE (otherwise justice will crumble in Malawi.)

Central
Central
5 years ago
Reply to  Heavy-duty

Umbuli kupita nawo pa gulu mkuyamba kulankhula zonunkha ngati izi zimaonetselatu uchitsiru wa munthu!! Kodi moti iwe siunamve kuti judgement from lower courts has been reversed by the Supreme Court of appeal? If yes, what makes the Supreme Court to reverse such judgements when [based on your shallow thinking] whatever the judge has determined is final. Akulu inu nobody under the sun is perfect hence lawyers too are not!! Ndiye maganizo anuwo ndi opanda pake!! Mukati Courts are no go zone ndiye kuti chani? I though they are tere to serve Malawians! Are they indespensable to mistakes and or perfect?… Read more »

Enerst Haukeya
Enerst Haukeya
5 years ago
Reply to  Central

kuchita kukakamika ACB kuti ipange Appeal?? hehehehehehe koma ndale zafikapo ku malawi bravo Hon. Chaponda

Danny Kolowiko
Danny Kolowiko
5 years ago
Reply to  Heavy-duty

Koma activits wa apatseni chochita ndithu. Chaponda will win this case olo ikafike ku supreme court.

Mas ter
Mas ter
5 years ago

ACB appeal is waste of tax payers money and that is witch hunting
The case has very shallow rvidence
Giving false information that is dpne on verball communications
This is misdemenour
Foreign currencies it was with him because he legalized he paid though dollars has businesses outside
Search houses of CSO has plenty of dollar’s they get from confused while

Mmalawi Okwiya
Mmalawi Okwiya
5 years ago
Reply to  Mas ter

This case is witch-hunt at its best.Fuck CSO’s, Fuck Chilima and Fuck makhothi onse achitumbuka

#DzukaniAmalawi
#DzukaniAmalawi
5 years ago

ACB has been briefed and advised by their masters (DPP) to appeal and to submit a weak case so that they lose the case once again. Maybe private investigators should come in and get the lawyers to file a civil case on behalf of civil society.

Chilungamo
Chilungamo
5 years ago

Do you mean what you say? Even mwana wako amene panyumba iwe sunamupatse ndalama koma kumufunsa akunama kuti ‘ndalama iyi ndi ya Mabvuto, olo mum’funse Grace kapena John, koma azinzake onse awiri akukana. Would you trust your child? Unless you are a fool. It’s a matter of time your child will turn into a hard CORE criminal if NOT s/he already is. And BLAME yourself for that. And one judge still finds no case to answer on such madness. Really? Of course we should not pretend we are not being governed by mafai-like individuals, at least their conduct seem to.… Read more »

Dickson Mzumara
Dickson Mzumara
5 years ago
Reply to  Chilungamo

WASTE OF TIME AND NDALAMA ZATHU!

Ramzy Maupo
Ramzy Maupo
5 years ago

We are where we are in the first place because of ACB’s unprofessionalism under the stupid KONDOWE who knew the case against Chaponda was weak but proceeded anyway just to please his master KONDWANI NANKHUMWA.Matemba don’t repeat the same mistake, because you will lose again and the price will be paid by poor malawian in the village.

Zam'tonda
Zam'tonda
5 years ago

Indeed the nation especially the common man is hurting the ACB is one huge fart whatever defeatist attitude this fake bureau had chosen to do with the acquittal the ordinary Malawian was absorbing just as the sponge he has been no questioning just look across the parliament the DPP is preparing a welcome party for the leader of the house the Rt Hon Dr George Chaponda which clearly illustrates the ACB connivance in this travesty Matemba you’re at your best when rubbishing the critical observations by the ordinary hurting Malawians. You’re not aware of the deep injury your high stool… Read more »

Condom Yavuka
Condom Yavuka
5 years ago
Reply to  Zam'tonda

Appeal? Ntchito za Kondwani Nankhumwa who by any means want Chaponda behind bars KUTI asaphumitse u president wa DPP.Koma Munya we are NOT stupid.

Msundu
Msundu
5 years ago

Its high time to start loving our country. Say no to corruption and say no to tribalists

Chimwemwe Lunjika
Chimwemwe Lunjika
5 years ago
Reply to  Msundu

MCP wants the chaponda’s case in court so that it is used as a campaign tool Shame! MCP FREE ACB !!!!!!!!!!!

Kibaki
Kibaki
5 years ago

ACB please ensure this case is done as soon as possible otherwise kungofika next year DPP ikaluza Chaponda ndi waku ndende basi. It wont for an old guard like him to rot in jail.

Uncle Grinno
Uncle Grinno
5 years ago
Reply to  Kibaki

ACB knows fully well kuti saphulapo kanthu pa mlandu uwu koma kuopa kuti ati akwiya akuti.hahahaha panthetic! Fire all of them.Useless people!

khodo
5 years ago

God is not happy that’s why Malawi is passing through all these problems

Aaron Kapuchi Snr
Aaron Kapuchi Snr
5 years ago
Reply to  khodo

Stupidity is when you don’t have a strong case against someone but due to pressure you bow down to people who have no knowledge what so- ever at all and proceed to start the case in court. I rest my case

Maunits
Maunits
5 years ago

Mbava zose malile ndi pa 20 May 2019. Other than that fresh arrests will resurface period

Cosmus Chagwa
Cosmus Chagwa
5 years ago
Reply to  Maunits

Ma CSO’s akumalawi are used by stupid politicians.Learn to accept kuti You lost the case and he won.Kapena mungopanga judge nokha.

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