- The Anti-Corruption Bureau received a number of reported cases of corruption which were investigated. Below is a summary of some of the cases.
Rep vs. Hannif Muhammad and others
This is a Court case where the Bureau was prosecuting suspects for corrupt practices and deliberately presenting a false victim in a defilement case whose suspect was Hannif Muhamm in order for the case to be withdrawn in favour of the suspect.
The Bureau investigated the corruption matter and found that the suspect paid some money to Cecilia Kananji in order for her to go to Court and pose like the victim and that she was not raped but consented to the act.
The Bureau arrested Hannif Muhammad, Cagetan Singano, Victim Support Coordinator at Limbe Police Station, Ishmael Abubas a Police Prosecutor and Cecila Kananji for the offence.
They were taken to Limbe Magistrate Court where they were found with no case to answer, The Bureau filed an appeal against the ruling as it is of the view that Court was did not consider the evidence that was tendered by the prosecution.
Rep vs. Mlenga Mvula and Rev Daniel Mhone
Mlenga Mvula was convicted and sentenced to 30 months imprisonment with hard labour while Rev Daniel Mhone’s sentence was suspended.
Rep vs. Mbandambanda
This was an allegation that Criminal Investigations Detective Police Officer, Margaret Mbandambanda of Limbe Police Station demanded between MK100,000.00 and MK150,000,00 from a relation of a suspect in order to release the suspect on police bail.Police officer Mbandambanda was convicted and sentenced to 20 months’ imprisonment with hard labour on 21st March, 2023.
Republic vs. Jack Ngulube and others
The Court in Mangochi acquitted former DC Jack Ngulube and Michael Khoko but convicted Monica Mazuwa Kagwira, Arnold Chitenjere and Cyprian Kagwira.
Ms Kagwira and Mr Chitenjere were sentenced to eighteen months’ imprisonment with hard labour. Cyprian Kagwira was fined K400,000.
This is a case involving procurement of fingerings using Local Development Fund.
Republic vs. Elida Mambewe
This was a case where Bureau investigations established that Elida Kumbewe, while working as a Data Entry Clerk at the DRTSS in Lilongwe, extorted money amounting to K64,000.00 from a service seeker. This was to help him process category PG driver’s license. She was convicted on 15th March, 2023 the sentence was suspended.
Republic vs. Viola and Chingola
This is a case of corruption related to a contract to procure maize at the NFRA. The suspects were convicted and sentence was suspended.
The ACB being dissatisfied with the sentence has filed an appeal in the High Court.
Republic Vs. Newton Kambala and Others
The matter was last heard in July2022 and is still at prosecution stage. Since July 2022 the matter has suffered a number of adjournments due to various reasons last one being the changes in the judicial officer hearing the matter. The matter was set down for mention to set dates for continued hearing on 15th June 2023. On the day of mention, the defense applied for discharge of the accused from the case. Since the application was made without notice to the state, the court gave the state a chance to respond upon which the Court will make its ruling.
Republic Vs. Batatawala
The hearing of the case started in April 2022. The case is still at prosecution stage. ACB has
presented eight witnesses and eleven are remaining. The matter was last set down for hearing in the week of 23 to 27 January 2023. The ACB prepared to parade six witnesses but none of them testified. On 23 and 24 January 2023, the court could not sit because one of the defence counsels was bereaved. On 25 January 2023, the lawyer for Mr. Batatawala raised a number of objections to thecharges and prayed for discharges of some counts. This was dismissed by the Courts. Later on, the Defence raised an issue on the constitutionality of some of the charges and this matter was referred to the Honourable Chief Justice. The Chief Justice has since certified this as a constitutional matter and is awaiting hearing by the Constitutional Court.
Abuse of APM TPIN Case
The ACB concluded its investigation into the TPIN case. It arrested some of the suspects. However, the operation had to be suspended when it was noted that there were clashes with the cement gate issue which was investigated by Malawi Police and prosecuted by the DPP. The public may be aware that both the cement issue, which was investigated by the Police, and other matters that the Bureau investigations focused on, arose from the same TPIN belonging to former President Arthur Peter Mutharika. The case is awaiting the DPP to invite all the relevant Law Enforcement Agencies to discuss the way forward.
Republic Vs Bakili Muluzi
The case of Dr Bakili Muluzi was
discontinued by the office of the
Director of Public Prosecutions
(DPP) on 29th May, 2023.
Republic Vs Saulos Chilima
Vice President Saulos Chilima was
arrested on 25 November 2022. The
Court has since committed the case
to the Financial Crimes Court on 19
May 2023. The Financial Crimes
Court has since set down the matter
for hearing on 3rd July, 2023.
Republic vs George Kainja and others
The second Sattar related case involves the Former Inspector General of Police, George Kainja and others whose arrests took place in Mzuzu, Lilongwe, Zomba, and Blantyre. Following the arrests, the Bureau applied to the courts for transfer of the files to Lilongwe. Almost all of the files have since been transferred.Later Dr George Kainja also filed an application for leave for judicial review largely based on the same issues on the receipt of NCA evidence by the Bureau. of how the ACB received evidence from NCA.In its ruling of 5th May 2023, the Court dismissed the application in its entirety. Following the dismissal, the Chief Resident Magistrate Court has set the matter for 5th July 2023 for mention.
Republic vs Kezzie Msukwa and Ashok Nair
The first Zuneth Sattar related case was that of Kezzie Msukwa, former Minister of Lands and Ashok Nair Criminal proceedings were stayed by the Supreme Court pending a full appeal hearing.Msukwa alleged, in his high court challenge that the evidence used to prosecute his case was obtained from the National Crime Agency (NCA) illegally. The Court ruled in favour of ACB holding that ACB received the evidence legally.Not satisfied with the High Court, Hon Msukwa appealed to the Supreme Court which has since stayed the ruling of the High Court pending a full appeal. The ACB is ready and is only waiting for a date to be set by the Supreme Court.