Why is ACB, Malawi Police not prosecuting corruption cases? HRDC complains to DPP Kachale
October 11, 2020
Wongani Chiuta - Nyasa Times 22 Comments
Frustrated with Anti-Corruption Bureau (ACB) and Malawi Police Service zero-pace in prosecuting corruption cases, Human Rights Defenders Coalition (HRDC) has written Director of Public Prosecution (DPP) Mary Kachale to jack up the system.
Trapence: HRDC encouraged ACB is acting on complaints filed through the whistle-blower initiative
In a letter dated 8 October 11, 2020, HRDC says since around July 2020, there have been a large number of high profile arrests of people who were holding high posts in the previous administration by both the ACB and Malawi Police Service.
“These arrests include politicians, senior public officers and business people,” reads the letter signed by HRDC chairperson Gift Trapence.
Trapence, however, wonders why, up to date, there hasn’t been any prosecution of any of these.
“For example, the Supreme Court recently released Mr. Norman Paulos Chisale, inter alia, because he is yet to be charged in a court of law. We can cite other examples like Collins Magalasi, Peter Mukhitho, Roza Mbilizi, Godfrey Itaye and many others,” he said.
He adds: “HRDC is concerned with the current state of affairs. The questions we ask are: whether the arrests were without merit? Whether some suspects are being shielded by the so called “system”? Whether our law enforcement agencies have requisite expertise to professionally prosecute such high profile cases?
“HRDC is receiving concerns from Malawians regarding the conduct of law enforcement in “draining the swamp” they feel the way forward is transparency in how your office and the others copied herein are handling these cases.
“As the saying goes “justice delayed is justice denied”, speedy prosecution of such high profile individuals will remove the impression that the arrests were just a smokescreen to hoodwink Malawians. Furthermore, it is in the suspects’ interests to have their cases resolved one way or the other.”
ACB boss Matemba confirmed receiving the letter from HRDC but refused to comment, saying it is Kachale’s call to do so.
During his inauguration on July 6 in Lilongwe, President Lazarus Chakwera promised to clear the rubble of corruption in Malawi which he said has in recent decades ruined the country’s taxes.
Since then, there have been high-profile arrests of suspects of fraud and corruption by both Malawi Police Service and ACB, on which Malawians anxiously wait for justice to take its course.
Meanwhile, ACB has given HRDC an update of progress on complaints the human rights body has been filing.
ACB, according to the update we have seen, updated HRDC on a complaint that Malawi Energy Regulatory Authority (Mera) flouted procurement procedures and regulations in the procurement of mobile laboratory fuel testing van in a contact it had with City Motors at a contact sum of K704 million.
The corruption busting body reports that investigations commenced and are progressing well and hinted they expect to conclude them by end of October 2020.
ACB updated HRDC that in the case of Electricity Supply Corporation of Malawi (Escom), where a suspicion was raised that it awarded a contract to Shenzen Intermeter Co Ltd to supply meters and meter boxes under the support of influential political figures, investigations are also expected to be concluded by end of October 2020.
The bureau further updated HRDC that it expects to conclude investigation by end of November 2020 in an allegation that Malawi Housing Corporation (MHC) in Area 3 was suspected to have corruptly transferred a housing estate to two businesspersons, Mustaq Chothia and Suleman Ismael Karim.
It was alleged the two have also been allocated land near Kamuzu Central Hospital roundabout in Lilongwe and in Area 15 and Area 3.
Investigations against Malawi Communications Regulatory Authority (Macra) are expected to be concluded by December 2020 according to the ACB update to HRDC.
The cases include suspicion that the regulatory body gave Democratic Progressive Party (DPP) an institution’s motor vehicle, Toyota Hilux, BS 962, bought a KIA Sportage, BU 5780, and gave it to former Cabinet minister Nicholas Dausi and another one, BU 2220, to Justin Saidi, the then secretary for Information, among other allegations.
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22 replies on “Why is ACB, Malawi Police not prosecuting corruption cases? HRDC complains to DPP Kachale”
I hope President Chakwera and His Vice do read this newspaper. I had hoped this government would have made an example of somebody by sending someone to jail so that we can truly believe they are fighting the cancerous corruption, but unfortunately it does not seem so. The Indians that have been stealing from Malawians are still roaming the streets free. How is this clearing the rubble of corruption going to be made possible? You guys gave this nation so much hope yet the wheels of justice seem to have stopped. Mr President you can not afford to let the people down. This is so disappointing. People trusted you with the promises you made. Please send these crooks to jail so our corrupt officials know you mean business
A Trapence dont be Mr. Know it all. Dont force the law enforcement agencies to do do what they are not yet ready to do. It will cost Malawians huge sums of money in compensation for lack of tangible evidence. Let them do through investigations and establish pre-mafacie evidence which the Court will believe . Otherwise leave the ACB and police alone. Ngati ndi nsanje ndi anzanu omwe akuyendera ma BMW pa LL’s inu kaguleni yanu
NKHANI IS NOT ACB FAILING, KOMA KUTI BWANA MIA NDI ROZA MBILIZI ARE BUSINESS PARTINERS AND THEY KNOW THAT IF THEY TAKE ROZA TO COURT, EXPECT MIA AGAIN WILL BE IN TROUBLE TIYENI NAZONI, MUNAZIYAMBA NOKHA ZIMALIZENI
There should not have been any problems prosecuting these characters. The justice system has grown cold feet. Thinking are we going to lock up Thom Mpinganjira et al? But this may sorted out by thinking outside the box. Let all these go before judges or magistrates. Convict and sentence them but suspend it. You will have convicted the fellas but moved on with other things. Osati za chabe chabe izi!
Very soon, Malawians will take matters into their own hands. Once people realise that even some key members of the current govt have also been compromised, people are going to react. And the reaction will not be pleasant. Mark my words. As Bob Marley said in one of his songs, “There’s a natural mystic flowing thru’ the air. If you listen carefully now you may hear……”.
The evidence is quite clear the tax payers money could not disappear like that. APM was intransigent
This is what happens when you arrest people without evidence. They are trying to investigate and collect some evidence only that it’s not that easy. Believe me some of these high profile cases will not be persecuted because there will be no substantial evidence. Let’s clean the rubble yes but let us do it in a clean way
Trapence, your thick head should know that ACB and police don’t have watertight cases. Parliament should cut budgetary support to Acb, its simply wasting tax payers money.
I voted for TONSE ALLIANCE in hopes big fish crooks will be locked but alas there still enjoying with stolen money.
This country will never change and hear amwenye have already bribed our greedy
politicians in this new administration.
Same old story, shame, we’re following
Parliament must establish the ANTI CORRUPTION COURT and the invite Scotland Yard and Federal Bureau of Investigations (FBI) to fast track the investigations, prosecution and sentencing of those involved in corruption…otherwise tikubwelera kwakale kuja……Thom Mpinganjira, Ben Phiri, Mchacha, Chisale, Jomo Osman, Godfrey Itaye, Collins Magalasi, Cash Madam etc ali pheeeee kumwa tea kugwiritsa ndalama zathu zokuba uku akuwunjika ndikuwumba evidence kuphatikizapo kupereka ndalama kuma prosecutors osaukawa…………Malawi sazatheka ndithu….
Very true they need to pull up their socks and work on this cases swiftly
Both ACB leadership as well as the DPP are proving useless. Malawians have lost patience and trust. The presidency would do well to replace them promto. There are many more who are well qualified and csn do a much better job
The problem is that the head of state is docile and cant make hard decisions. Give Mary Kachale other responsibilities and appoint another person as DPP. She is DPP and she cant allow her friends be prosecuted. Never never. Blood is thinker than water.
Malawians are too familiar with our politicians. Always fooling us. kumbukani kuti if you don’t arrest those thieving savages 2025 you will also be shown the door
Bet you me ACB is there to victimise the poor. If corruption is mk 100,000, it will cling to you. But comes mk 1.7 bn, 250 bn, and 5bn cases not prosecutable. Where are 13 files in audit report?
Proffessionally investigations are supposed to be completed before arrest. Otherwiss with suspicion only Malawians wil pa dearly
I think our DPP is a very compromised person I do not know how this position is appointed but for sure if it is the president then she can not be that vigilant to act on cases involving the past regime as they appointed her.She was very vigilant on cases involving JBs regime but that is not the case now why
I beg to differ. Our DPP is not compromised. She was very much vigilant during JB’s regime because those cases were not faked. The court of law demands material evidences not public opinions. Give her material evidences you see her up and running. The courts do not intertain witch hunting. Matemba refused to comment. He says it’s DPP ‘s ball, how? I thought those arrests were effected by Matemba himself? Media was awash with breaking news, ACB has arrested so and so. How come today he thinks its Kachale’s ball. Mukamatumikira andale zimathela choncho mumagwidwa njakata nkumayamba kukanilana. By law ACB is a tribunal and it has its own prosecutors. Stay blessed my friend Fwangalubiro.
Trepence these arrest were meant to scare people from their contracts so that they appoint their own loyalists.as for Asians no one would be tried because Chimwendo Banda ‘ Sidik Mia and Esh Nkaka collected bribes to protect them. Apa palibe nkhani mungotaya nthawi. This government will not take us anywhere and even Matemba is just a noisy rabid dog who barks uselessly.
Too judgemental. But we will hold these guys to account; because sooner than later, they will need our votes. Let them ask DPP how time flies; they ended up putting up foundational stones everywhere in the country with no structure to point at. They even shamelessly lied that they had built 10,000 houses for police officers; yet, they could not show us where the houses were. Eventually, we sent them packing even though they wanted to cling to power.
It is foolish to always wait for votes. We will find ourselves replacing foolishness with foolishness. The best way is to go the Egypt way. Let us show these cruless people the exit door. I tell you, I hear Indians when they talk at mosques the name featuring as collectors of bribes are Chimwendo Banda, Nkaka and Sidik Mia. Soon these people will be exposed as Chimwendo was secretly filmed.
I hope President Chakwera and His Vice do read this newspaper. I had hoped this government would have made an example of somebody by sending someone to jail so that we can truly believe they are fighting the cancerous corruption, but unfortunately it does not seem so. The Indians that have been stealing from Malawians are still roaming the streets free. How is this clearing the rubble of corruption going to be made possible? You guys gave this nation so much hope yet the wheels of justice seem to have stopped. Mr President you can not afford to let the people down. This is so disappointing. People trusted you with the promises you made. Please send these crooks to jail so our corrupt officials know you mean business
A Trapence dont be Mr. Know it all. Dont force the law enforcement agencies to do do what they are not yet ready to do. It will cost Malawians huge sums of money in compensation for lack of tangible evidence. Let them do through investigations and establish pre-mafacie evidence which the Court will believe . Otherwise leave the ACB and police alone. Ngati ndi nsanje ndi anzanu omwe akuyendera ma BMW pa LL’s inu kaguleni yanu
NKHANI IS NOT ACB FAILING, KOMA KUTI BWANA MIA NDI ROZA MBILIZI ARE BUSINESS PARTINERS AND THEY KNOW THAT IF THEY TAKE ROZA TO COURT, EXPECT MIA AGAIN WILL BE IN TROUBLE TIYENI NAZONI, MUNAZIYAMBA NOKHA ZIMALIZENI
There should not have been any problems prosecuting these characters. The justice system has grown cold feet. Thinking are we going to lock up Thom Mpinganjira et al? But this may sorted out by thinking outside the box. Let all these go before judges or magistrates. Convict and sentence them but suspend it. You will have convicted the fellas but moved on with other things. Osati za chabe chabe izi!
Very soon, Malawians will take matters into their own hands. Once people realise that even some key members of the current govt have also been compromised, people are going to react. And the reaction will not be pleasant. Mark my words. As Bob Marley said in one of his songs, “There’s a natural mystic flowing thru’ the air. If you listen carefully now you may hear……”.
The evidence is quite clear the tax payers money could not disappear like that. APM was intransigent
This is what happens when you arrest people without evidence. They are trying to investigate and collect some evidence only that it’s not that easy. Believe me some of these high profile cases will not be persecuted because there will be no substantial evidence. Let’s clean the rubble yes but let us do it in a clean way
Trapence, your thick head should know that ACB and police don’t have watertight cases. Parliament should cut budgetary support to Acb, its simply wasting tax payers money.
I voted for TONSE ALLIANCE in hopes big fish crooks will be locked but alas there
still enjoying with stolen money.
This country will never change and hear amwenye have already bribed our greedy
politicians in this new administration.
Same old story, shame, we’re following
Parliament must establish the ANTI CORRUPTION COURT and the invite Scotland Yard and Federal Bureau of Investigations (FBI) to fast track the investigations, prosecution and sentencing of those involved in corruption…otherwise tikubwelera kwakale kuja……Thom Mpinganjira, Ben Phiri, Mchacha, Chisale, Jomo Osman, Godfrey Itaye, Collins Magalasi, Cash Madam etc ali pheeeee kumwa tea kugwiritsa ndalama zathu zokuba uku akuwunjika ndikuwumba evidence kuphatikizapo kupereka ndalama kuma prosecutors osaukawa…………Malawi sazatheka ndithu….
Very true they need to pull up their socks and work on this cases swiftly
Both ACB leadership as well as the DPP are proving useless. Malawians have lost patience and trust. The presidency would do well to replace them promto. There are many more who are well qualified and csn do a much better job
The problem is that the head of state is docile and cant make hard decisions. Give Mary Kachale other responsibilities and appoint another person as DPP. She is DPP and she cant allow her friends be prosecuted. Never never. Blood is thinker than water.
Malawians are too familiar with our politicians. Always fooling us. kumbukani kuti if you don’t arrest those thieving savages 2025 you will also be shown the door
Bet you me ACB is there to victimise the poor. If corruption is mk 100,000, it will cling to you. But comes mk 1.7 bn, 250 bn, and 5bn cases not prosecutable. Where are 13 files in audit report?
Proffessionally investigations are supposed to be completed before arrest. Otherwiss with suspicion only Malawians wil pa dearly
I think our DPP is a very compromised person I do not know how this position is appointed but for sure if it is the president then she can not be that vigilant to act on cases involving the past regime as they appointed her.She was very vigilant on cases involving JBs regime but that is not the case now why
I beg to differ. Our DPP is not compromised. She was very much vigilant during JB’s regime because those cases were not faked. The court of law demands material evidences not public opinions. Give her material evidences you see her up and running. The courts do not intertain witch hunting. Matemba refused to comment. He says it’s DPP ‘s ball, how? I thought those arrests were effected by Matemba himself? Media was awash with breaking news, ACB has arrested so and so. How come today he thinks its Kachale’s ball. Mukamatumikira andale zimathela choncho mumagwidwa njakata nkumayamba kukanilana. By law ACB is a tribunal and it has its own prosecutors. Stay blessed my friend Fwangalubiro.
Trepence these arrest were meant to scare people from their contracts so that they appoint their own loyalists.as for Asians no one would be tried because Chimwendo Banda ‘ Sidik Mia and Esh Nkaka collected bribes to protect them. Apa palibe nkhani mungotaya nthawi. This government will not take us anywhere and even Matemba is just a noisy rabid dog who barks uselessly.
Too judgemental. But we will hold these guys to account; because sooner than later, they will need our votes. Let them ask DPP how time flies; they ended up putting up foundational stones everywhere in the country with no structure to point at. They even shamelessly lied that they had built 10,000 houses for police officers; yet, they could not show us where the houses were. Eventually, we sent them packing even though they wanted to cling to power.
It is foolish to always wait for votes. We will find ourselves replacing foolishness with foolishness. The best way is to go the Egypt way. Let us show these cruless people the exit door. I tell you, I hear Indians when they talk at mosques the name featuring as collectors of bribes are Chimwendo Banda, Nkaka and Sidik Mia. Soon these people will be exposed as Chimwendo was secretly filmed.