By Burnett Munthali
The High Court is set to review a judicial challenge initiated by the civil society organization Youth and Society (YAS) concerning the Anti-Corruption Bureau’s (ACB) handling of a restitution deal involving Prince Kapondamgaga, the Chief of Staff at State House. The review is scheduled for Wednesday and marks a pivotal moment in the ongoing investigation into the Zuneth Sattar corruption scandal.
YAS’s judicial review seeks to question the ACB’s decision to not prosecute Kapondamgaga despite his involvement in the Zuneth Sattar case, which has drawn scrutiny in both Malawi and the United Kingdom. According to reports, Kapondamgaga has already repaid K70 million to the state and returned a vehicle he received from Sattar, who faces corruption charges internationally.
Charles Kajoloweka, Executive Director of YAS, confirmed the review, stating that the organization is challenging the ACB’s decision to drop the investigation under Section 10(4) of the Corrupt Practices Act. Court documents reveal that YAS is requesting the court to grant permission to proceed with the review of the ACB’s decision.
The controversy began after a series of communications between YAS and the ACB, which culminated in YAS seeking a judicial review after their advocacy efforts to reinstate the case proved unsuccessful. In a letter dated July 31, 2023, YAS questioned the ACB’s rationale behind the decision to cease investigations and requested detailed information regarding the restitution agreement with Kapondamgaga. The ACB’s refusal to provide this information was justified by citing provisions of the Access to Information Act.
Further complicating matters, YAS has expressed concerns about the legal basis for the restitution deal and whether it adhered to the stipulations of the Corrupt Practices Act. The organization has also questioned why Kapondamgaga’s case was handled differently from other similar cases.
In November last year, YAS followed up with additional inquiries regarding the compliance of Kapondamgaga with the restitution agreement, including whether he had met the September 30, 2023 deadline to return the assets and funds as agreed.
YAS’s persistent efforts and the forthcoming judicial review underscore the organization’s commitment to ensuring accountability in high-profile corruption cases. The outcome of the High Court’s review will likely have significant implications for the handling of corruption cases and the broader issue of accountability within Malawi’s political and legal systems.
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