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      MALAWI

SUMMARY OF INVESTIGATIONS WHICH HAVE BEEN COMPLETED
 
1.

Investigations have been completed in regard to allegations of corruption in the Ministry of Justice. The allegations were made in The Weekly Chronicle newspaper of June, 1997 under the front page headline, "Corruption rocks Justice Ministry". Four allegations were made:

  • that the Ministry of Justice under the influence of the Senior Deputy Secretary purchased four speakers, one Panasonic car radio and two LaserJet Toner Cartridges valued at K52,500 from a company called Matisco that was not registered, at a price which was six times higher than the average price on the local market;

  • that there were irregularities in the signing of invoices at the Ministry of Justice, done under the influence of the Senior Deputy Secretary;

  • that there were irregularities in the award of contracts at the Ministry of Justice, that inflated quotations succeeded and lower quotations were left out, and that the proceeds were shared between the Senior Deputy Secretary and contractors;

  • that nepotism existed at the Ministry of Justice when it came to recruitment of drivers and, in particular, that a driver from the Senior Deputy Secretary's own home was given a job when better qualified drivers were left out.

The Director authorised investigations on 18th June, 1997, under Section 11 of the Act. The investigations involved interviewing ten witnesses. Completion of this particular investigation was delayed due to a serious car accident in which one of the key witnesses was involved. The investigations were conducted in a thorough and independent manner, and included an investigation into the purchase of a Photocopier for the Ministry, and the purchase of a Computer for the Office of the Director of Public Prosecutions.

None of the four allegations were proven. The facts as established by the investigations did not disclose any offences under the Act. However, irregularities and inadequacies in the procurement process were identified. Accordingly a report was made to the Minister of Justice in accordance with Section 10 (1) (c), in respect of conduct which was conducive to corruption. It contained recommendations for appropriate administrative action to be taken by the Ministry to avert future recurrence.

 

2.

On 11th November, 1997, a complaint was lodged with the Bureau alleging—

  • that the District Commissioner, Nkhata Bay, was abusing his power to secure the deportation of a German national;

  • that the Immigration Officer at Nkhata Bay solicited money from the German national.

The Director authorised investigations on I 1th November, 1997. A visit was made to Nkhata Bay and Mzuzu where six witnesses were interviewed. Chikale Beach Hotel, Backpackers Connection, and Mng'ona I Village were visited in the course of the investigations.

The investigations have been completed and revealed that the conduct of three public officers, namely the District Commissioner, the Immigration Officer, and the Regional Immigration Officer, was conducive to corruption. A report has been submitted to the Minister of Justice, with a copy to the Minister of Home Affairs and the Secretary to the President and Cabinet for administrative action to be taken. The report also contained several recommendations intended to improve good governance at Nkhata Bay.

 

3.

A complaint was lodged with the Bureau on 10th November, 1997. An investigation touching upon immigration matters was recently completed. This concerned the issue of Business Residence Permits (BRPs) for a number of Asian businessmen in Lilongwe. The investigation revealed a number of irregularities and defects in the permit process. A report was sent to the Minister of Justice, the Ministry of Home Affairs, and the Chief Immigration Officer. A need for an urgent review of such processes was identified in the investigation. A number of deportations were effected and a prosecution is pending, as a result of the Bureau's investigations.

 

4.

A complaint was lodged with the Bureau regarding delays by Namitete Police in following up a case involving the theft of smallholder tobacco; the culprit had been identified. The coinplainant was alleging corruption. The Bureau referred the matter to the Police authorities for comment. In response the police advised the Bureau that the accused was arrested during "Operation Chotsa Mbava".


THE ANTI-CORRUPTION BUREAU
P.O. BOX 2437
LILONGWE

Copyright © 2001, The Anti-Corruption Bureau

anti-corruption@sdnp.org.mw