The Anti-Corruption Bureau (ACB) has been given 14 days to update Malawians on its stance concerning the terminated cases and reveal the expenses incurred in investigating and prosecuting these issues.
The ultimatum was issued on Wednesday in Lilongwe by leaders of various Civil Society Organizations (CSOs).
Further, the CSOs want ACB to disclose the amount of money spent on investigating and prosecuting the matters
The call came shortly after Director of Public Prosecution (DPP) Masauko Chamkakala halted a case where Vice President Saulos Chilima was accused of receiving an unspecified sum of money from businessman Zuneth Sattar to potentially influence public contracts in his favor.
Additionally, the leaders referenced a case involving Directors of Paramount Holdings Ltd, who were charged in connection to government procurement agreements, which was also recently terminated.
The directors, Prakash Virji Ghedia, Arvindikumar Atiti Patel and Surej Khimji Jagatiya were answering charges of making and uttering false documents to get contracts.
“Recent events regarding the use of discontinuance powers by the DPP under section 99 of the Republic of Malawi (Constitution) Act 20 of 1994 have raised profound concerns within civil society. We therefore emphasize the urgent need for reforms to protect the integrity of the prosecutorial process,” said Centre for Social Accountability and Transparency (CSAT) executive director Willy Kambwandira
Section 99(2) of the Republic of Malawi (Constitution) Act 20 of 1994 grants the DPP discretionary powers to discontinue criminal proceedings before judgment.
Subsection (3) further requires the DPP to provide reasons for discontinuing proceedings to the Legal Affairs Committee of the National Assembly within ten days.
Last month, Legal Affairs Committee of Parliament chairperson Peter Dimba told the media that the DPP was due to appear before the committee when it commences its meetings from May 20 to provide reasons for discontinuance of several high-profile cases.
ACB principal public relations officer Egrita Ndala told The Nation that he graft-busting agency was ready to proceed with the case against Chilima.
She said: “The bureau was ready to proceed with the case, but the DPP has overall legal powers to discontinue any criminal matter in the country.”
However, Chamkakala told the same paper that his office consulted ACB before filing an application to discontinue a case against Chilima.
“It’s always good practice to consult all affected institutions in matters like the present one. And of course the office of the DPP and ACB had a consultative meeting before the application was filed with the court. Again, the substance of the consultative meeting was exactly that,” he said
