Malawi Parliament passes Corrupt Practices amendment, changes to ACB boss hiring
Parliament on Friday passed the amendment to the Corrupt Practices Act which now means future appointees to the office of the director general of Anti-Corruption Bureau (ACB) will face an interviewing panel but the President will still have the final authority on the appointment.
The passing of the Bill came after several disagreements between the opposition and government sides, which pointed to the possibility of another stalemate.
But Minister of Justice and Constitutional Affairs Samuel Tembenu played down concerns that it still left room for interference from the Executive.
Tembenu said the new process was in line with the eight pillars of the National Anti-Corruption Strategy which comprises the Executive, the Judiciary, the Legislature, traditional and faith leaders, media and private sector in the fight against corruption.
The Bill repeals Section 6 of the Act by inserting 6A, but maintains that the director would be appointed by the President subject to confirmation by the Public Appointments Committee.
The new Section 6(a) empowers the Minister of Justice and Constitutional Affairs to advertise the position and institute a panel of not more than seven members of the public sector, private sector, faith bodies, traditional leaders, civil society and the media to shortlist and interview candidates.
However, the task of the panel will end at submitting names of the successful candidates to the minister who will in turn forward the same to the President to choose one of the candidates as ACB director.
Section 6(a)(4) reads: “The minister shall send the list to the President for the appointment of one of the candidates as director.”
However, the President would appoint the director only from the names on the list recommended by the minister and if the names are rejected, with reasons, the minister would readvertise the position.
Governance expert and commentator Makhumbo Munthali said the bill has some of the positives which include the advertisement in the newspaper calling for applications for the post of ACB Director
He commended the provision that a panel would be involved in the selection of the candidate for director.
“The empanelling of an Inclusive Selection Panel -which takes into consideration the Pillars of the 2008 National Anti-Corruption Strategy – tasked with the shortlisting and interviewing in order to select a minimum of two and maximum of three candidates to be shared with the Minister for his submission to the President,” he said.
Munthali also hailed the President’s limited choice to appoint an ACB Director from the 3 names submitted to him.
In 2016, Parliament rejected a motion from the then Legal Affairs Committee chairperson Peter Chakhwantha which sought to ensure the bureau’s independence from the Executive by leaving the appointment to the Parliament through the Public Appointments Committee.
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What about termination or approval of continuation of contract of the ACB boss? Because that is also very crucial. If the president is still charged with powers to terminate or approve continuation of contract of the sitting ACB director, it means there is nothing this amendment can change. Sometimes I wonder if indeed opposition MPs have a voice in this parliament.
It’s Parliament which has passed that law Chakwera inclusive. So what are you saying guys?
Don’t waste your time Mr Tembenu, this Act will be amended again to get off your nonsense insertions in June 2019!!
useless
No difference.
Same old tactics. Crooks at the helm of making anti corruption body favauring the ruling party. Stupid government
The major corrupt person in government especially this current one is the president himself and now he has to appoint his own prosecutor? Let’s get serious Malawians. The president shouldn’t be involved at all in the appointment inorder to really tame corruption. Time and money wasted again in the parliament,Future tax payers is going down the drain again thru corrupt government officials. To be Poorest country in the world as we are it starts with passing poorest policies/bills like these ones.
Same old. Crooks and DPP sympathisers will still be selected – up to 21 May 2019. Nothing changes. Advertisements will be there to conceal the pre-selected President bootlickers. Waste of time.
From 22 May 2019, SKC will rub off his hands and give 100% authority to the panel. SKC will have nothing to do with selecting the ACB director.
You would have to be a really gullible idiot to believe Chilima will choose an independent panel to appoint ACB director. He was in the ruling DPP for 4 years and NEVER talked about corruption until it suited him to run for the presidency. By the way, Chilima is a beneficiary of Cashgate – he helped a cash-gater to hide stolen public funds by selling his house to this cash-gater. He will need the ACB to NOT investigate him. ACB cannot hound him now because people will say it’s DPP witch-hunt.
And Chakwera will have the interviews advertised live on TV and radio for the nation to appreciate the candidates before the appointment is done by the panel. Only the parliamentary committee will confirm the candidate, not Chakwera. The appointment of director of MBC and other key institutions of governance will follow suit
Chilima will be selling kachewere come May 2019
Chakwera will do better in this field because we also want Chilima to pay back what he is taking from Malawians for free, this is stealing by tricks, therefore we will swip all these no sense!
Mwamva ndani?
Zili ndi Ife unuwake osati zakunvaso Wawa.