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.

Muluzi who has turned 80 years says the case  was politically inspired

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

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Benjones87
Benjones87
9 months ago

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.

Mulopwana
9 months ago

Hire chizuma for acb boss position. She wil tel u what to do. This mmmonsense must STOP

Mulopwana
9 months ago

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

Wakwiya ndi Kadeti
9 months ago

Where is the independence of the ACB if th Parliamentary Committee on legal affairs is interfering?

President Chisokonezo
9 months ago

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

Moya
Moya
9 months ago

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.

nafundo zalo
nafundo zalo
9 months ago

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… Read more »

Concerned Bonafide Malawian
Concerned Bonafide Malawian
9 months ago

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… Read more »

Last edited 9 months ago by Concerned Bonafide Malawian
Kamchiputu
9 months ago

If you have no evidence let the courts aquit Muluzi to end the case other than dropping it.

Utm my party
Utm my party
9 months ago

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

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