ACB to evaluate Muluzi case within 90 days on logical conclusion
Graft-busting body, the Anti-Corruption Bureau (ACB) says it will evaluate the alleged corruption case against former president Bakili Muluzi which now enters its 15th year, to see whether it should be discontinued or not, within 90 days.
The Parliamentary Committee on Legal Affairs has been putting pressure on ACB to discontinue the case, saying it is taking long to conclude as tax-payers continue to lose resources on the matter.
Muluzi has been answering the corruption case in relation to money amounting to K1.7 Billion that was paid into his personal account when he was State President – to support his party’s 2004 elections . The State claimed money from Taiwan, Libya and Morocco paid directly to Muluzi was diverting donor funds .
However, the case has been dragging as at one time one of the prosecutors from ACB withdrew from the case.
Yusuf Nthenda, Chairperson for Parliamentary Committee on Legal Affairs – a lawyer by profession – has said the committee met with officials from ACB over the week.
Nthenda said the bureau has committed to review the case in three months and give a way forward.
“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).
Former ACB director general Reyneck Matemba, who is now serving as Solicitor General, 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 80-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.
A legal expert has however warned against discontinuance of Muluzi case, saying the government could pay huge amount of money in compensation.
Justin Dzonzi said that taxpayers money risks going down the drain with “careless” discontinuation of case involving Muluzi, saying the former president can sue government for defamation.
Professor of law at Chancellor, College Garton Kamchedzera, said there are laid down legal procedures when authorities decide to withdraw an indictment.
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
This man has committed a crime. He has stolen poor people’s monies. He has to account for it. If he is set free for reasons than he will answer god.
Hire chizuma for acb boss position. She wil tel u what to do. This mmmonsense must STOP
I think we discontinue the case. It is obvious that the prosecution party has failed in this case. Whether by choice or pressure we shll know one day. Prosecuting this case when the political masters are not in support or interfering does not work. Acb political interference is cause of this situation. If there was proffessional working atmosphere at ACB they wud have concluded this case. Koma zowuzidwazi kuti kamangeni uyu. Eish
Where is the independence of the ACB if th Parliamentary Committee on legal affairs is interfering?
This is monetary issue. Would have been dealt with auditors either internal or external. ACB does not have capacity to deal with this monetary issue which may not be corruption but fraud. For auditors, it cannot take even months because they are chartered accountants. But at ACB you find an investigator with social science, law or education. See the rationale here
Convict this guy, it’s not a secret he is guilty and Mr President pardon him immediately this is just free advice. Win win situation.
so!!! after 6 ACB personnel failed to conclude the case and much much money they pocketed and after 20 year then someone says 90 days to do what??? and that old man is enjoying our billions money he stole!! let alone he wanted his daft son to come in to continue stealing from where he stopped in the name of vice presdent!!!!!!!. and poor people around his village are clapping hands for them after being given a bag of maize ”atilankhule atilankhule atilankhule’.’
indeed no wonder we are missing some incompetence here where
a doctor in Salima who stole drugs is given a sentence of 4 years in jail and someone in Dowa who stole a torch, raincoat, and a solar panel is given 12 years sentence in jail kuti ena atengerepo phuzilo.
and so.eone is in isolation for what we dont know. too much bodza.
IT IS OR HAS BECOME A NORM THAT MA BIG CANNOT PROSECUTED IN THIS STINKING SYSTEM.
So, ACB has committed itself to or been asked to evaluate the Muluzi case within 90days on its logical conclusion without the ACB Director engaged? Who will be accountable to own the evaluation/ the conclusion/ resolution to be drawn? I think first things should have happened first; 1. Engage the Competent, Professional with High Moral Values & Integrity to Head ACB, 2. Get the to be hired ACB Director study the case in question and alongside the ACB team, let them determine or come up with a workplan on various profile cases including this Muluzi one 3. Let them rollout the plan and keep PAC & us (your and their financiers, the Tax-payers) updated on progress as we soldier on. Komanso, I just hope various ACB Officers have integrity at heart & they exercise it, otherwise, eish we don’t want Hyenas in Ships cloth to be entrusted with the roles that call for high moral values practice, honesty & high integrity levels & practice of the same. God Almighty help Malawi & deliver it from the jaws of corruption, fraud, witchcraft, murder & thefty in Jesus Christ
If you have no evidence let the courts aquit Muluzi to end the case other than dropping it.
What can we even expect from ACB? What cases can we comfidently say this body has ever concluded? İf upto now it is even failing to conclude a simple cross roads hotel saga.. This ACB shud just b resolved as its a waste of Taxpayers money n i cant count any of its success stories! Of my God! İf only these politicians saw how we sweat to pay these taxes.. One day is one day
Too long. But give it real closure.
Whosoever changed Nyasaland to Malawi never saw Magufuli coming.
To the legal profession, MLS,the Judiciary and the rest of the law fraternity. You will be setting a very dangerous precedent if this case doesent reach it’s logical conclusion. The rule of law will be defeated right there and this will have serious consequences on the Nation and it’s economy and critically it will water down the credibility of the law and its practitioners and the recent achievements of the constitutuonal courts handling of the elections case. Care and caution should be excercised when making such a decision. The World is watching! And we are watching, one day you’ll be held accountable. Make the right decision!
Muluzi was initially being protected by Joyce Banda (cashgate woman) and later APM (straight thief). As Malawians we need to know what happened. You can play politics but it’s you politicians who are bringing down the country. The thieves who ruled after Kamuzu. We have no roads. Poor development plans. Deforestation. We have no schools. We have no hospitals. Most of the money has gone into the hands of politicians and government thieving executive officers. The poor man is feeling it. Poor results in schools.
Chakwera visited BM and promised that he would not pursue his theft case and now we hear this. It is disappointing to the least that a high profile crime like this one is being swept under the floor. Is the fight against corruption again commoners only. Zuma, Sakonzy, Netanya and other score of high profile leaders much higher than BM are or were hunted for alleged corruption. With political impunity corruption wont end instead it is go higher when some are protected by politics. BM stole money, APM did it too. So did JB and Bingu. This means to Malawians that when one is a state president he/she can walk away with looting. These some of nasty things that frustrate people not to vote. My association “Non Voters Association” with trumpet on this state built impunity.
No case to answer.
Shame politics at it’s best now mulizi will count 1bn every year since it will be huge billions to give him for nothing phuma too with politicians
Gifts to a sitting President belong to Treasury to prevent corruption. Otherwise, on what basis is the president taking hefty gifts from foreigners? How did anyone in the gifting countries get up one morning and just give billions of kwachas just to one person in Malawi and indeed the whole World? What connection does Muluzi have with these people? Mutharika had money deposited into his account as well. It was returned to the depositer. Muluzi should give the money to Treasury or return it. Malawi should get help from Scotland yard or the FBI. Was Njauji (or others) killed because he knew something about the mysterious money? This case is straightforward if common sense questions are asked. Did Muluzi know the donors before becoming president? Or as president can he explain the relationship that led to the donations? How did the donors get to know him or vice versa? He as president, did he donate money to any foreigners and on what grounds? How could he choose who to donate to? Matemba is not suited for a case like this. You need someone who knows how to connect the dots plus think outside of the box. How did a foreigner know Muluzi’s Bank Account information? Do you know your relation’s bank account number? Who was the go between for the donations? Were government resources used for the donations to come about? Has ACB reached out to ministers and other government officials during Muluzi’s reign? Matemba’s suggestion that ACB was used in a political vandetta against Muluzi is clear admittance that ACB is not only corrupt but that its officers are lightweight airheads without intergrity. Who brings a case to court costing taxpayers, mocking the judiciary, lying to Malawians that he knows to prosecute a case and then recuses himself? He needs to lose his lawyer credentials. He failed to prosecute the case but he became the judge on the case by concluding that it needs a political solution. Why did he bring the case before judges in the first place and at what cost? Someone ought to quiz Matemba on his costly adventurism. This is not a pageant show where he comes out as the only wise person at ACB. Now he is witness No. 1 for Muluzi. Him and his strategy to confiscate the Muluzi case is the most telling about corruption at ACB.
Idiots why cant you start with 6.2 billion?
Chokani a ACB. Agalu a mantha inu. Anthu osathandiza when it matters most. Mxiewww
yeah write. what a fucking joke!!
akanati sanalakwe dzina lake silikanatuluka. so telling malwians kuti ndi agalu it was ok for him to use their tax money. and him to sue govt meaning tosefe a malawi defaming him for saying that we need our money back??????? stop the nonsense. mumadya nao maloyaz inu.
and him to be enjoying the freebies.
tinalakwa cani kuti ma presdent kwaasanlha amatitukanaso. mxiii.
Please ma lawyers get real.
What a load of stuff!! There never was political will to prosecute this crook. This is a simple, clear case of theft.
Recall that every time his case was in court, the fella would decide to be seriously ill — only to be seen jogging the following day, laughing at us and yelling “hey, suckers!”. If the ACB discontinues this straightforward case, this crook will turn around and sue the ACB for millions. Mark my words. So instead of bothering Jesus this Easter, why don’t we just crucify this thief?? No need to get any permission from Pontius Pilate. Trust me.
I met Pontius Pilate. Powerful guy.
Just discontinue the case, we shouldn’t
be spending money and energy on a 15 years case.