ACB should stop persecuting innocent citizens

By Linda Kwanjana

Early last year, the country was awash with news of high profile corruption case involving British national Zuneth Sattar. It was or and is alleged that Sattar has been corrupting public officers for his business to strive in Malawi.

The case shook the very foundation of government and it spread like a bushfire that most of the senior public officers were guilty in the public eye until they prove their innocence.
It all started with the arrest of former Lands Minister Kezzie Msukwa and aid to Sattar on allegations of some land deals. It was alleged that Msukwa received a kickback in the form of a Mercedes Benz vehicle.

During the court hearing of the Msukwa case, it was learned that the arresting and prosecuting authority was relying on an investigation carried out by the National Crime Agency (NCA) of the United Kingdom.

The fact that there were no local investigations to warrant the arrest and prosecution of public officers became a bone of contention and the matter of whether or not that evidence is admissible in the local courts is still before the Supreme Court of Appeal.
As time went by, it was revealed that there was a document that contained names of public officers corrupted by Sattar. It was apparent that the list goes back to the time of the late Bingu wa Mutharika.

Due to the public interest in the matter, President Lazarus McCarthy Chakwera directed the Anti Corruption Bureau (ACB) to submit to him a report on the Sattar saga investigation.
The ACB through Director General Martha Chizuma duly submitted the report to the President within the prescribed period which led to the firing of Inspector General of Police Dr. George Kainja, suspension of State House Chief of Staff Prince Kapondamgaga and withdrawal of delegated powers to the office of the Vice President Dr. Saulos Klaus Chilima.
The actions taken by the President raised the profile and the public interest in the Sattar corruption scandal investigation. At the same time, it also raised public expectations from the ACB.

Considering the public status of the officers mentioned—Vice President, Cabinet Ministers, Police Inspector General, State House Chief of Staff, Lawyers, and journalists among others—one expected that the bureau to move with speed on the investigation.
However, in the absence of a conclusive investigation, the ACB could have been slow in further humiliating these officers through dramatic arrests. It is important to arrest when there is sufficient evidence that one is suspected to have committed a crime otherwise the cost of compensation is a burden on taxpayers.
The country witnessed the arrest of the Vice President, Cabinet Ministers, Police Inspector General and private practice lawyer who served as Board Chairperson for the Office of Director of Public Procurement and Disposal of Assets.
Nothing has been heard about what the ACB is doing on the State House Chief of Staff 10 months since he was suspended.

Whether some public officers were arrested or others have not heard from the bureau, Malawians should be worried about the way the bureau is operating.
It does not help this country to name and shame. What is the benefit if the country has a Vice President doing nothing because he has corruption allegations hanging over his head?
What is the benefit of having public officers who have invested so much in developing their professionals, working for the benefit of the country but sitting idle at home for such a long time waiting for justice?

Speaking from where I am standing, ACB should either take these people to court to present its evidence on allegations levelled publicly against them.
If the investigation has not yielded prosecutable evidence, it is only proper to discharge or clear them of the allegations so that they can go back to normal life.

The Malawi Law Society and legal expert have spoken clearly. The ACB should free people such as the State House Chief of Staff.
The bill on taxpayers is huge to settle.