A group of Civil Society Organizations (CSOs) has asked the The Anti-Corruption Bureau (ACB) to reverse President Lazarus Chakwera’s Chief of Staff, Prince Kapondamgaga’s ‘unconstitutional and illegal’ amnesty.
In July 2023, ACB decided not to prosecute Kapondamgaga after he surrendered a Mercedes Benz and K 70,150,674.00, an advantage he admitted to receiving from businessperson Zunneth Sattar.
“The investigations had established that Mr. Kapondamgaga, the State House Chief of Staff was one of the public officers who had received a Mercedes Benz S Class 350d and other gifts from Mr Zuneth Sattar. Mr. Kapondamgaga voluntarily gave a statement to the Bureau and signed a restitution agreement with the Bureau. At the moment, he has already surrendered the Mercedes Benz S Class 350d.
“After a review of the evidence against Mr Kapondamgaga in this case, evaluation of the information he provided in respect of the broader investigations relating to Zuneth Sattar and the restitution agreement he has voluntarily entered with the Bureau, a prosecutorial discretion has been exercised not to lay criminal charges against him. Accordingly, the Bureau has completed and closed the investigations against him. Pursuant to its powers under Section 10 (4) of the Corrupt Practices Act,” said ACB
However, a statement signed by Youth and Society (YAS) executive director, Charles Kajoloweka on behalf of the CSO, said that ‘the questionable and covert amnesty’ reinforces fears of selective justice by law enforcement agencies and poses a risk to public trust and confidence in law enforcement agencies (LEAs) in the fight against corruption.
“Given this backdrop, we express deep concern over ACB’s discretion, which we believe lacks both legal and moral foundations. There is no legal basis for ACB to enter into a restitution agreement or amnesty of this nature. The Corrupt Practices Act, which governs the operations of the Bureau, does not provide for any scheme or provision under which ACB can exercise ‘prosecutorial discretion’ not to lay charges against an individual under investigation.
“Furthermore, several individuals accused of accepting or receiving benefits as inducements for favors from Sattar, including the Vice President, Former ACB Director Reyneck Matemba, former Minister Kezzie Msukwa, and the former Inspector General of Police, have not been offered a restitution deal to return their property and avoid prosecution.
“It is a well-established principle that Section 12(1)(e) of the Republican Constitution ensures equal status before the law for all individuals. Therefore, we expect the Bureau, as a public institution, to exercise its mandate under the Constitution and the Corrupt Practices Act in accordance with this provision.
“In this regard, the Bureau should ensure that decisions concerning investigations and prosecution adhere to established practices and the law. These decisions must be made transparently and with the utmost objectivity. In summary, ACB’s discretion is both unconstitutional and illegal, and we strongly call for its immediate reversal,” reads part of the statement
