Latest Briefing on the Operations of the Anti-Corruption Bureau

DIRECTOR OF ANTI-CORRUPTION BUREAU BRIEF ON OPERATIONS OF THE ANTI-CORRUPTION BUREAU – AUGUST – OCTOBER, 2009

ANALYSIS REPORT – CORRUPTION PERCEPTION INDEX REPORT

Transparency International has once again issued a worldwide Corruption Perception Index Report for 2009. The report shows corruption levels on a score of 10 for the least corrupt nations and 0 for the most corrupt nations. From 2004 to 2008 Malawi’s rating has been fairly constant ranging from 2.7 to 2.8. However in 2009, the Corruption Perception Index Score has significantly increased from 2.8 in 2007 and 2008 to 3.3 in 2009. This is an indication that the fight against corruption in this country is having an impact and that as a result corruption levels are decreasing.

Malawi’s position in the world has therefore improved from 115 last year to 89 this year. This is not a mean achievement and that Anti-Corruption Bureau calls upon all Malawians to not only maintain the momentum but even do better. When Malawi’s position is compared against countries in Africa there is also a significant improvement from being number 20 or above in the last few years to being on position 12 out of over 50 countries. This means that Malawi is the 12th least corrupt country in Africa and 6th least corrupt country in the SADC Region.

You will observe that generally the countries that are ahead of Malawi, such as Botswana, South Africa, Mauritius and Namibia have stronger economies. You will also observe that on the world index the countries that have done well have very strong economies. This is a demonstration that the fight against corruption requires a significant amount of resources in order to succeed. Malawi therefore needs to keep working hard to keep improving its resource base so that the fight against corruption is further put on a stronger path. In the process we will be able to eradicate corruption in the country. No country can therefore put the least amount of money in the fight against corruption and hope to achieve a miracle in this fight. More successes in the fight against corruption implies more resources applied into the fight and in turn more development .

We are happy that the Malawi Government recognizes this. The Government has tried all it could within its limited resources to ensure that the Bureau is reasonably financed. We urge the Government to keep up the good effort it has applied in the fight against corruption. We also sincerely hope that the Donor community particularly DFID, the Norwegian Embassy and European Union shall continue to channel its resources in the fight against corruption.

It is therefore gratifying that Malawi has achieved this far. However we should not get complacent. Instead we should work harder.

The country’s leadership has already demonstrated the necessary political will to fight corruption through the declaration in 2004 of zero tolerance on corruption. The fruits of this commitment are now being seen. The current massive success is attributable to efforts by all of us. You will notice that the Judiciary, the Media and Civil Society, the Legislature, the Executive, the Donors have all worked in a concerted manner to achieve the current progress. We should build on this progress to maintain and improve the current trend. We should under no circumstances backtrack. Control and limitation of corruption translates into more and more development of the country.

You will recall that we are now in the process of implementing the National Anti-Corruption Strategy which was launched by the State President on 5th February this year. A successful implementation of this Strategy will and I have no doubt, rid Malawi of corruption and begin to stand among the best. The attached schedules show how Malawi has progressed with regard to the Transparency International Corruption Perception Index since 2004.

The Bureau believes that the fight against corruption can be more effective if it is tackled from different angles. That is why it places importance on all its activities, be it Corruption Prevention or Law Enforcement. As such this brief will cover these functions.

1. CORRUPTION PREVENTION ACTIVITIES

The Corruption Prevention Section in liaison with the Malawi National Examinations Board and Malawi Police Service has since August, 2009, been working on 17 allegations relating to various people having fake certificates or using other people’s certificates to secure employment. It has also been involved in examinations spot checks for the PSLCE, JCE and MSCE where 92 centers were visited in order to prevent examination malpractices which take place in examination centers.

The Bureau through the Corruption Prevention Section has also been working in collaboration with other stakeholders in the public as well as private sector to develop Anti-Corruption policies. It is working with ESCOM, Northern Region Water Board, National Aids Commission among others.

On 6th August, 2009 the Bureau signed a memorandum of understanding with ADMARC.

The Bureau has also drafted Corruption Prevention policies for ADMARC and Blantyre City Assembly among others. It also established contacts to start working in collaboration with Malawi Revenue Authority for the better enhancement of national revenue collection.

The prevention exercises are conducted to ensure that the systems that are in place in public and private institutions are reviewed in such a way that they do not operate to fuel corruption. The Bureau aims at recommending revision of work methods that are prone or that are conducive to corruption practices. It is believed that systems at times do promote corruption.



PUBLIC EDUCATION ACTIVITIES

From August to October, 2009 the Public Education Section conducted anti-corruption sensitization public rallies in eleven districts namely Ntchisi, Dowa, Mzimba Chikwawa, Chitipa, Rumphi, Mchinji, Balaka and Mangochi. Among other reasons these rallies were aimed at sensitising members of the public on the effects of corruption on their communities and encouraging members of the public to desist from such practices and report those suspected of committing the offence to the Anti-Corruption Bureau.

The Bureau was also invited to make presentations to members of civil Society in Mchinji, students at Bunda College of Agriculture, at Likuni for Civil Society and other stakeholders in the area, Members Small and Medium Enterprises.

In August, 2009, the Bureau conducted eight anti-corruption workshops for traditional leaders in Dowa, Phalombe, Dedza and Neno districts where a total of 240 traditional leaders were sensitised on the evils of corruption.

INVESTIGATIONS

In the months of August to October, 2009 the Anti-Corruption Bureau conducted and concluded investigations as follows:

Investigations completed 215
Cases recommended for prosecution 47
Cases closed or referred to other institutions 168 Arrests effected 14

Let me also report that the Bureau is involved in routine surveillance operations as one component of investigation. In Blantyre, the Bureau in a joint operation with the Police arrested a police officer who was soliciting an advantage from a person who allegedly had an assault case with Blantyre police in order for the Police officer to discontinue the case.

Let me state again that these surveillance operations will continue and our officers will be deployed in different places to ensure that those involved in corrupt practices are apprehended.
FERTILISER SUBSIDY

The Bureau is also involved in surveillance operations in various parts of Malawi and are presently undertaking covert operations aimed at exposing those who will be involved in corruption in this year’s subsidy programme. We therefore wish to warn all those people who will be tempted to tamper with this year’s current food subsidy programme to desist otherwise the Anti-Corruption Bureau will catch up with them.


INVESTIGATIONS AT BLANTYRE WATER BOARD

The Anti-Corruption Bureau has concluded investigations on allegations that the Chief Executive Officer for Blantyre Water Board awarded a contract to his wife. The file was closed after investigations established that the said contract was never awarded.


PROSECUTIONS

Within this period the Anti-Corruption Bureau had three prosecutions completed where two suspects were acquitted while three were found guilty, but they were discharged. The Bureau has appealed against the sentences.

CASE UPDATES
UPDATE ON THE K1.7 BILLION CASE- SEIZURE OF VEHICLES

The seizures are continuing. The case is still in court. The Anti-Corruption Bureau applied to the High Court for a seizure warrant to seize the property which is believed to have been bought using the money in question. The Bureau has so far seized 54 vehicles. The Bureau was involved in the collection of the vehicles for safe keeping and valuation purposes.
Recently the High Court gave its ruling on the challenge lodged by Mr Nadhi, proprietor of Keza Office Complex. He was challenging the Anti Corruption Bureau’s power and mandate to seize the property. The High Court has dismissed his application.The Bureau will continue to keep the property for the meantime and will continue receiving rentals of approximately K10 million per quarter. The court held that the seizure warrants are legitimate and should not be overturned.



Dated this 20th day of November 2009


A. E. NAMPOTA
DIRECTOR OF THE ANTI-CORRUPTION BUREAU