Malawi assets law is ‘legitimate fraud’ – Justice Link
Law expert and Executive Director of Justice Link , Justin Dzonzi says the Public Officers Declaration of Assets,Liabilities and Business Interest is just as a legitimate fraud that pretends to provide information on declared assets on one hand while concealing it on the other.
Dzonzi trashed the procedure for applying to access the assets information, saying all declared assets including those of President were supposed to be automatically made public even without anyone applying for access to them.
“No one should be applying for something that is supposed to be treated as public information,” said Dzonzi in comments attributed to him in the local press.
“ In essence, the declared assest were supposed to be compiled and published in a booklet or on a database where Malawians should easily access them”, said Dzonzi
The lawyer said if the limitations are that strict, then Malawi shouldn’t have had the assets law in the first place.
“Why should the law allow something that is declared to be concealed?”, queried Dzonzi.
The lawyer also felt that all people who assume public positions including civil society organisations (CSOs) leaders need to declare their assets so that they too can be accountable to Malawians.
“It shouldn’t necessarily be confined to public servants. But, I understand that the emphasis is currently on public servants because they use public resources and therefore need to be accountable to the
public”, he said.
The assets law also give powers to the director to refuse or grant access to the declared assets if he deems it necessary.
In USA they publish all the public officers assets
Publicizing peoples’s assets is not good but the information should be copied to the interested enforcement agencies for necessary action at an appropriate time. Agencies such as the MRA , ACB and the Financial Intelligence Unit
Dzonzi you are stupid. You just love talking. You forget that you are part of the team that was drafting this law. This is the law that your mama Joyce assented to and you were quiet. You want to be relevant today? No wonder unkabwereza bwereza ku Chancol ulibe nzeru. So you want even thieves to know what we have so that you send them to rob us? Empty liar.
John, don’t take it at personal level with Dzonzi. I’ll d suggest that; all these positions applications for jobs must be accompanied by a list of assets owned and their certified value. That way no law enforcing agency will be seen or thought to be towing the line of anyone in the discharge of their duties
How is it done in other countries because these are copied ideas ,chanzeru ndi chimene mwanena kuti ma CSO apangenso declare otherwise the process is ok ,there are issues of security of people concerned by thugs,banks loans in case you have hidden some information for business,komanso public servants some are had workers and they earn good monies legitimately do do not be misled mutaya nthawi.
i have no problem with the law. Seriously, if i have declared my assets anyone wanting to know what I have should have a legitimate reason why they want to know. I am suspected of theft or corruption. But i wouldn’t want the application process to be difficult
Mr Dzonzi, Thats a good observation. What you do in that situation is to challenge the effectiveness or the application of that law by suing the Director of assets declaration or whatever his title is, argument being that he has misapplied the law on assets declaration, and let the judiciary interpret it purposively, taking into account the intention of parliament at the time of enactment. If it still doesnt work, lobby parliament for amendment. But Kudos for pointing this out. There is a price for being a public officer and the public officers should appreciate that because they have become… Read more »
But will this help eradicate corruption and fraud?
Mbona is right
No 9 Attorney General, can you tell this forum two ways only through which if these assets are made public they may be abused? Does this law select the individuals who can access that so called public information? Everybody who is working in Malawi pays P.E.Y.E every month to fund these public servants. Its just about me wanting to see that this money is not just being munched by someone hence i need to check on his wealth…..I totally agree with Justin Dzonzi. If anything just repeal this law and let them continue to eat our money freely. I hope… Read more »
We seem to be going back wards in this country. How are we going to make our corrupt leaders accountable if we enact such restrictive laws? Who passed this stupid law in the first place? It is not surprising that our inept corrupt leaders continue their crooked ways. We need to end corruption and if declaration of assets is not taken seriously we will continue to see abuse of office and resources. WE EITHER TAKE LAW IN OUR OWN HANDS AND DO AWAY WITH CORRUP ROT OR WE NEED TO CAHNGE THIS STUPID LAW.