ACB  should either conclude or discontinue Muluzi case —Parliament

The alleged corruption case against former president Bakili Muluzi  which now enters its 14th year  should be  discontinued or concluded  as tax-payers continue to lose resources each passing year, the Parliament’s Legal Affairs Commiittee has said.

ACB czar Reyneck Matemba believes the case needs a political solution because it is not prosecutable.
Bakili Muluiz former president: Case politically inspired

The committee’s chairperson Yusuf Nthenda – a lawyer by profession –  said this in reaction yo a report Attorney General Dr Chikosa Silungwe submitted to the committee highlighting progress made in prosecuting Muluzi in the case where the State had accused him of K1.7 billion paid in his personal account to support his party’s 2004 elections as diverting donor funds .

Nthenda, who is Mulanje West member of parliament, said the prosecutuing agencies were still waiting for a determination of the  Malawi Supreme Court of Appeal on some issues , including how the case should proceed.

“Since 2009 , resources gave been allocated to the case, We cannot really give the direction on how the court should proceed with the case, but we would want the matter to reach its logical conclusion,” said Nthenda the MP who is affiliated to Democratic Progressive Party (DPP).

He added: “ If the case is not prosecutable, they [prosecuting agencies] should just withdraw it, so that resources should be allocated to other issues.”

Anti-Corruption Bureau (ACB) director general Reyneck Matemba believes the case needs a political solution “  backed by the law’ because it is not prosecutable.

Matemba, who once prosecuted Muluzi before he recused himself in the case when he was ACB)deputy director general, holds the strong personal view that no one would come at the bureau and successfully prosecute Muluzi case that  the former president claimed was opened out of political vendetta.

Actually, all presidents that came after Muluzi, the late Bingu wa Mutharika, Joyce Banda and Peter Mutharika, have seen the now 78-year-old being involved in endless court battles in the matter.

Matemba explained that the reason behind his insistence that the case requires a political solution backed by the law is that ACB does not discontinue cases without legal reasons, for example lack of evidence, because that leaves room for lawsuits accused persons usually bring based on either malicious prosecution, false imprisonment or loss of business.

The ACB director general said there are legal procedures that guide the process to have a case discontinued, explaining that the bureau writes to the Director of Public Prosecutions, providing legal reasons as to why it wants a particular case discontinued.

He said if the top prosecutor is satisfied, a certificate of discontinuance is issued and writes a report to Legal Affairs Committee of Parliament.

Professor of law at Chancellor, College Garton Kamchedzera, said there are laid down legal procedures when authorities decide to withdraw an indictment as Matemba correctly explained.

 

ACB directors that have overseen Muluzi’s case

  • 2004 to 2006: Gustav Kaliwo, resigned shortly after he arrested Muluzi
  • 2006 to 2007: The late Tumalisye Ndovi, rejected by Public Appointments Committee (PAC) of Parliament
  • 2007 to 2012: Alex Nampota, re-engaged after he previously deputised the first ever ACB boss, Gilton Chiwaula in late 1990s
  • 2012 to 2014: Justice Rezine Mzikamanda, returned to Judiciary, Malawi Supreme Court of Appeal
  • 2014 to 2017: Lucas Kondowe, left after his three-year long contract expired
  • 2017 to date: ACB acting boss and later director general Reyneck Matemba

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Mangochi Kabwafu
Mangochi Kabwafu
8 months ago

Yes it’s been too long.

Chisale
Chisale
8 months ago

See how all of sudden Bakili will be going to South Africa for backache next week. He takes us as fools. Remember how they treated Mubarak, he was taken to court on a hospital bed. We need to do this to Bakili.

Alamu Pumani Mwakalamba

Bakili is the father and founder of corruption in Malawi. He must face trial. Bakili almost destroyed everything that was developed under Kamuzu. He allowed lawlessness in Malawi like vending, illegal structures etc. Bingu corrected all the stupidity by Bakili but Bingu’s brother was another idiot who defied Bingu and chose to work with UDF. Does it surprise you that APM lost? His brother’s soul could not Rest in Peace having seen that APM was flirting with Bakili Muluzi. ACB take on him. Mulandu suwola.

Benjones87
Benjones87
8 months ago

He must answer and serve jail. Poor Malawian are still suffering because of this illiterate President.

Alamu Pumani Mwakalamba
Reply to  Benjones87

Very illiterate indeed.

Chiwele njobvu
Chiwele njobvu
8 months ago

Kamuzu banda once said ‘lack of evidence does not mean the suspect is not guilty’. He said these words to show disappointment with the English style court system, a few months later he introduced traditional courts which convicted everybody brought before it. Bakili anaba uyu, chomutayila nchiani

JACK OBAMA
JACK OBAMA
8 months ago

Hamayoooo!!!!! our money is gone forever and if this is the way to go when it is clear the 1.7 billion went straight to his account and today you are saying its draining taxpayers money when the same guy store our taxes. This is a precedent we have set any president will be stealing the money and courts will play their technicalities and protect the thief. Judges need to be held accountable too. MALAWI WE ARE UP FOR SALE… If we do not talk about this 1.7 billion and let politicians toss us like this that is the beginning of… Read more »

Khekhi
Khekhi
8 months ago

Discontinuing is setting a wrong precedent.so what precedent is acb going to set for this case?

Ngombwax
Ngombwax
8 months ago

Banana republic politics in full display! Since Bingu’s time, it was very apparent to anyone who was paying attention that the govt was not serious about prosecuting this crook. All it wanted was to use him as a political bargaining chip. APM was even in bed with his son, for crying out loud! On his part, the crook always made sure he was very, very sick whenever he was supposed to appear in court, only to be seen jogging the day after. So here we are, more than a decade later. The talk is whether the case should be dropped… Read more »

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