Malawians are asking: Why has the US not banned Chilima as he is also answering Sattar-related corruption cases?

Social media is awash with questions with regards to the move that the United States of America (USA) government made on Wednesday to ban former Solicitor General and Principal Secretary for Justice Reyneck Matemba, former director of Public Procurement and Disposal of Assets Authority John Suzi Banda, former Malawi Police Service (MPS) lawyer Mwabi Kaluba and former police Inspector General George Kainja from entering that country.

Chilima at court: Is he being protected?

According to the Lilongwe USA Embassy Facebook page, the ban includes spouses— Rhoda Violet Matemba Maxwell, Mariana Ismael Suzi Banda, Bernadette Mwangosi and Jacqueline de Silva Kainja—for the four men.

The USA Department of State statement alleges that Matemba, Suzi Banda, Kaluba and Kainja abused public positions by allegedly accepting “… articles of value from a private businessperson in exchange for awarding a government procurement contract for the Malawi Police Service”.

However, some Malawians have taken to social media to question why the USA government has not extended the same ban to Vice President Saulos Chilima who—just like the banned four—is also in court answering the same Zuneth Sattar corruption allegation cases.

Chilima was arrested last year and charged with demanding and receiving unspecified amounts of money for himself to influence a public officer to give an approval for Government to enter into a contract with Sattar’s company.

“If the US is sincere with its stand against corruption, why is it applying selective justice? It must also ban Chilima because all these people are answering similar cases,” said one Timothy Kayira.

Meanwhile, the embassy says it will be working with those who are dedicated to fighting alleged corruption and advancing the cause of justice.

Ironically, after the Anti-Corruption Bureau (ACB) arrested Matemba for allegedly obtaining $10,000 corruptly, the bureau changed tune on the case, such that he was subsequently charged with one count of corrupt use of official power, in line with Section 25(1) of the Corrupt Practices Act.

At the time, ACB spokesperson Egrita Ndala described the changes as normal.

“It is normal for the ACB to revise charges against any accused person,” Ndala said.

The bureau said in a statement in 2022 that its investigations had established that Matemba allegedly received $10,000 as an advantage for the vetting process of the food ration contract at MPS.

ACB also arrested Suzi Banda for allegedly receiving an advantage from corruption suspect Zuneth Sattar, who is managing director of Xaviar Limited, in relation to the vetting of a contract of procurement, contract reference number MPS/ SB/16/04/2021, to supply 350,000 food ration packs worth $7,875,000.

According to ACB allegations, Suzi Banda received K3,000,000 from Sattar.

Sattar’s agent, Zun Cheena, allegedly influenced Suzi Banda to grant a no-objection for the MPS to award the contract to Xaviar Limited.

ACB also arrested Kainja and Kaluba in connection with Sattar corruption charges on account of influencing a procurement contract reference number MPS/ SB/16/04/2021 to supply 350,000 food ration packs worth $875,000 by allegedly unlawfully initiating a requisition of the procurement on the instruction of Sattar.

According to ACB, Kainja allegedly solicited an advantage in the form of a vehicle and $8,000 from Sattar for influencing the award of the contract to supply the food ration packs.

As for the Deputy Commissioner of Police Kaluba, ACB alleged that he “corruptly obtained $20,000 from Sattar as an advantage for giving assistance in the procurement contract for the food ration packs”. The bureau said it would also charge him with the same offence as that of his boss, Kainja.

Commenting on the issue of ban, Catholic Commission for Justice and Peace Coordinator Boniface Chibwana said it is not surprising that the government of USA has banned the listed individuals from entering their country because the individuals are answering corruption-related cases and have not been cleared yet by local courts.

“USA government is just acting on the processes of the Malawi Government. They do not want people who are answering cases domestically to indulge with their government,” Chibwana said

He said the cases need to be expedited so that those found innocent can continue with their lives normally, “and, of course, those found on the wrong side of the law should answer the charges accordingly”.

 

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