YAS questions Police’s fresh probe into MK750m AIP fertilizer procurement deal
Youth and Society (YAS) – a human rights and governance watchdog – has written the Director of Public Prosecutions (DPP), expressing reservations with decision by the Malawi Police Service to initiate criminal investigations into officials allegedly involved in the K750 million botched AIP fertilizer procurement deal with UK-based Barkaat Foods Limited in 2022.
Recently, the National Police Spokesperson, Peter Kalaya, told journalists recently that the investigation is being conducted following instructions from the DPP’s Office.
But YAS Executive Director, Charles Kajoloweka, argues that given the gravity of this matter, it is imperative to elucidate why we believe this decision is misguided and potentially detrimental to justice and accountability in Malawi.
Kajoloweka, in a letter to the DPP, said it is essential to acknowledge that the Anti-Corruption Bureau (ACB) has already conducted a thorough and exhaustive investigation into this matter.
“Their findings unequivocally implicated the former Minister of Agriculture, Lobin Lowe, and his deputy, Madalitso Kambauwa-Wirima, leading to their dismissal by President Lazarus Chakwera in October 2022. The ACB’s investigation was comprehensive, transparent, and conclusive, with their processes presented to both the public and Parliament. Our stance is unequivocal: the initiation of a new investigation by the Malawi Police Service, under the direction of the DPP, appears to be a deliberate attempt to obstruct justice and undermine the accountability process that was already set in motion by the ACB,” he said.
Kajoloweka further stated that the fresh investigation raises undermines the work of ACB, which is a specialized and competent body tasked with investigating corruption-related matters in Malawi.
He said by initiating a parallel investigation, the DPP is effectively disregarding the thorough and professional work already conducted by the ACB.
“This not only undermines the credibility of the ACB but also sets a dangerous precedent that could erode public trust in our anti-corruption institutions. The fresh investigations also raise concerns on questionable motives. The timing and rationale behind this new investigation are highly suspect. What is the DPP aiming to achieve by disregarding the ACB’s conclusive findings? If there were any doubts or further inquiries required, why was it not deemed sufficient to consult the ACB directly? This raises legitimate questions about whether this new investigation is a scheme to insulate the former Minister of Agriculture and other implicated officials from facing justice,” reads the letter.
Kajoloweka described the fresh investigations as an unnecessary financial burden, arguing it is a redundant investigation, which represents an inefficient and unnecessary financial burden on the public.
He said the resources being allocated to re-examine a case that has already been scrutinized by a competent body could be better utilized elsewhere, especially in a nation where resources are limited and the needs are great.
“Public Confidence in Justice: The public deserves transparency, justice, and accountability. The decision to initiate a new investigation, despite the ACB’s conclusive findings, risks eroding public confidence in our justice system. The perception that influential individuals can evade accountability through procedural obfuscation is damaging to the integrity of our institutions. We urge your Office to reconsider this course of action and to place trust in the comprehensive investigation already carried out by the ACB. The ACB’s findings are clear, and any attempt to undermine or disregard these findings is an affront to the principles of justice and accountability that we strive to uphold in our nation,” he said.
Kajoloweka has since recommended that the police should cease the new investigation and consult the ACB if there are any specific concerns or additional inquiries, engage directly with the ACB to address them rather than initiating a separate investigation.
“Uphold Accountability: Ensure that the implicated individuals, including the former Minister of Agriculture and his deputy, are held accountable based on the ACB’s findings without further delay or unnecessary obfuscation. This is not just a matter of procedural propriety but a crucial step towards ensuring that justice is served and public trust in our institutions is maintained. The public deserves to see that our leaders and officials are held to account, and that justice is not subject to manipulation or delay,” he conlucded.
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