Out-of-favour Anti-Corruption Bureau (ACB) Director Alexius Ernest Nampota has been exposed for contradicting himself in the battle to save his skin over a decision to terminate his contract and his subsequent interrogation by Malawi Police Service for abuse of office charges.
Nampota has gone to court to sue Attorney General (AG) Ralph Kasambara and Chief Secretary to the Government Bright Msaka for declaring that his services at the ACB are untenable.
However, according to the documents of the 14-day exparte injunction restraining the government and its agents or servants from withdrawing Nampota and privileges under his contract pending the outcome of the judicial review, they have originated from Justice Dunstan Mwaungulu.
Mwaungulu, formerly a Judge in the Malawi Judiciary, is currently working at the United Nations International Criminal Tribunal for Rwanda.
Attorney General who confirmed being served with the injunction laughed at the documents by Justice Mwaungulu.
“I have never such a bizarre document,” he said.
On the leave for judicial review granted by the court, Kasambara said: “We don’t argue in the media but in courts. We will meet Nampota in court. We will wait for our day in court.”
The judicial review was granted by Justice Joseph Mwanyungwa and not Mwaungulu as is indicated in the documents seen by Nyasa Times
In a twist of events, Justice Mwanyungwa is the same judge indicted for corruption by the Nampota led ACB.
ACB has been probing Manyungwa over a ruling he made on a 2004 case, Civil Cause No. 2158 of 2004, which was presided over by another judge, Maclean Kamwambe.
The letter of complaint addressed to the ACB director from a concerned Malawian alleged that Manyungwa prepared judgement on the matter in which Samitha Kulasinghe, through Savjani and Company, commenced legal action against Fargo Limited in the High Court.
Manyungwa allegedly delivered a judgement in favour of Fargo while Kamwambe delivered his own in favour of the complainant.
Conflict of interest
Nampota has also been exposed on the conflict of interest as he was serving the bureau while he was still a partner in a legal firm Nampota and Company which was also getting work from the bureau.
According to a sworn affidavit sent to Malawi Law Society in support to renew his practising licence dated 1 June 2012, Nampota declared that he has been a partner of his company but “have not been involved in the practice in the financial year 2011/12.”
Nampota was arrested recently on allegations that he pocketed K1.5 million in allowances for a trip he allegedly never undertook.
But he sued Inspector General of Police Loti Dzonzi for summoning him to explain how he had been discharging his duties as ACB Director, contrary to Section 21(1) of the Corrupt Practices Act.
In one of the letters obtained by Nyasa Times, Nampota was advising the bureau what he had done – to hold on the money in his account despite the trip being cancelled.