Opposition trash bill on ACB boss new recruitment process

Members of Parliament from the opposition side who contributed to the proposed amendment to Section 5 of the Corrupt Practices Act, saying the proposed recruitment process of the Anti Corruption Bureau (ACB) will still not be independent, arguing it still gives more powers to the President to appoint the ACB Czar and room for interference by the Executive.

Chimwendo Banda: Trashes Corrupt Practices Act amendment

The bill which repeals Section 6 of the Act by inserting 6A, says that when a vacancy occurs for the director of the Anti-Corruption Bureau (ACB), the minister of Justice shall constitute an appointing panel which shall appoint three names to be presented to the president who will in turn appoint one person as director.

However, the bill also says the president shall have the powers to veto all the three names.

The appointing panel, according to the bill, shall comprise of people from the public sector, the private sector, the faith community and the media, those that are in ACB strategy.

Malawi Congress Party (MCP) legislator for Dowa East Richard Chimwendo Banda said the government has just devised a new way for the president to appoint the director.

“In Kenya and South Africa, such positions are advertised and interviews are done. The public has a chance to see the interviews happening and the selection does not raise any questions, “said Chimwendo Banda.

Dedza East MP Julian Lunguzi (MCP) also expressed reservations on the process of selecting the new ACB boss.

“I may trust the minister today but I don’t know who will be the minister tomorrow. Members of the panel might sympathise with the governing party,” she said.

Patricia Dzimbiri, who is Balaka West MP on independent seat in the House – but is now a UTM party member – said the recruitment process still left a lot to be desired and that they should let organisations one of their own.

“If we really want to make this director independent, we should allow organisations to choose one of their own. The nominees should be forwarded to the President to appoint two from the panel instead of the minister selecting a panel,” she said.

MCP spokesperson on Legal Affairs in parliament Maxwell Thyolera aid the bill should explicitly say which professional bodies from the public sector, the private sector, the faith community and the media should be mandated to interview the future director, saying the president can appoint his loyalists for the exercise so that they appoint a person the president wants.

However, minister of Justice and Constitutional Affairs Samuel Tembenu said the new bill takes away the powers from the president of appointing the director of ACB.

He said his office would now be mandated to advertise for the post in newspapers and the appointing panel would select three successful candidates before the president appoints one.

“The appointed person would still be subjected to scrutiny by the Public Appointments Committee of Parliament,” he said.

Tembenu is expected to wind up debate and respond to queries on the Bill at a later date.

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Moya
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Moya

Highest level of corruption that happens or what everyone is really concerned of is government corruption bcoz they are using public money (tax payers) therefore the head of government is the president so now u want the main culprit to appoint his own prosecutor? The ACB director appointment should completely bypass the president involvement, only then we will b holding the bull by its horns and have expected results from ACB,Take out the word president in any process of recruiting ACB director apo pokha ndiye azikhala ndi mantha okuba in the absence of bypassing him/her u are simply wasting time… Read more »

Nzika ya Malawi
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Nzika ya Malawi

There shoulld be no appointment. People should be recruited as ACB boss after convincing the panel of interviewers & passing & the interviews not just to be picked by the president just because one wears a blue suit with weavilled maize! The president’s powers should be trimmed otherwise we are heading for disasterwiththis APM rat!

Fam
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Fam

And someone is giving an example of Kenya about Corruption? Hahaha some Malawians are fools. So, after making the ACB in Kenya independent, is the rate of corruption increasing or decreasing in Kenya? Shame! Kenya is the most corrupt country in the world…….shaaaaa. No wonder Malawi is poor. Some people are fools.

Make Malawi Great
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Make Malawi Great

I believe he also said South Africa why u cherry picking! Hes just saying illustrating the foreign process for consideration as a benchmark! You the fool exposing your judgemental attitude and being ignorant! Corruption is only mitigated its never eradicated. Considering with the current state of malawi he suggested that the kenya way might work in malawi , just cause it doesn’t in kenya its not written that it wont work in mlw Mr Education dumb-self!! Am assuming you failed science experiments cause it does seem to exist in your world but “doubts”

Central
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Central

Umenewo nde umbuliwo!! What Malawians want is transparency and avoidance of nepotism during appointment of ACB czar! The Honorable member was giving an example of where the process is done transparently and not that Kenya is not experiencing corruption!! While Kenya is having high corruption levels, their procedures are very good and worth emulating!! And having good procedures in itself does not mean that the officers would be effective and that on its own is very subjective and does not mean that the transparency they consider is the source of the corruption!! Sukulu za kwachazinso nde kayansooooooooooootu

President Mkango Lion Manthakanjenjemereza
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President Mkango Lion Manthakanjenjemereza

ACB is very important as audit National Audit and Central internal audit, but wait, In other countries there is corruption dept and audit deot under one umbrella nd they are well funded. ie. 10% of the funding.

zondeni
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zondeni

Nkhanga zawona

linda
Guest

Is DPP not ashamed of how corruption has worsened in Malawi? If DPP insists on the appointing powers, just disband ABC and allocate more funds to National Audit department, ACB is toothless

Joloza Kapokola
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Joloza Kapokola

ACB doesnot exist in Malawi. It is a dead body. Directors are there to eat money period!

chimanga Chaponda
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But honestly, is the ACB working in Malawi? Lets use ACB funding to buy drugs. Close ACB forthwith. They have no result to show for the huge donor funding and government funding they get. ACB is a tool for concealing corrupt government officials. It pretends to take matters to court by taking a very weak case. We saw it in the case of Chaponda and will see it in the police ration case.

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