Anti– Corruption Bureau News
Fighting Corruption in Malawi is everyone's responsibility
THE NEWSLETTER OF THE ANTI-CORRUPTION BUREAU
January to April 2004 Issue Number 1
From left to right: Theme of the National Anti-Corruption day as depicted on the promotional materials and James Kitchen an anti-corruption club member who participated in the function.
NATIONAL ANTI-CORRUPTION DAY!!!
By Bright Chimatiro
The year 2004 has started in a grand style as the Anti Corruption Bureau inaugurated its first National Anti-Corruption Day.
The Bureau having a new focus emphasising on corruption prevention in tackling corruption the Bureau advanced public comprehension of Bureau’s operations, evil effects of corruption and enlisted as well as fostered public support in the fight against corruption.
Internally several committees were formed to assist in the preparations for the day.
There was a protocol committee, transport committee, entertainment committee and media committee. The committees were reporting to the National Anti Corruption Day Task Force that worked with the Public Affairs Committee.
Officers from all the regional anti-corruption offices, Blantyre and Mzuzu were involved. Before the actual day, banners carrying the theme of the day were mounted in the cities of Lilongwe, Blantyre and Mzuzu .
Guest of honour His Excellency the State President Dr Bakili Muluzi, other delegates, students and people of all walks of life assembled at Civo Stadium where the inauguration ceremony was held.
The theme of the day was FIGHTING CORRUPTION; EVERYONES’ RESPONSIBILITY.–
Message from the Director of the ACB
Justice Harris M. Mtegha SC
Dear Readers,
It gives me much pleasure to welcome you back to the ACB News after a long time.
The Bureau is once again looking forward to working with you in fighting corruption in the country.
Corruption is a cancer to society that breeds undesirable consequences. Its negative effects on both the public and private sectors of society, if it is left unchecked can not be overemphasised.
Corruption retards the country's development. It also leads to erosion of confidence in good governance, the rule of law and economic stability.
We are very conscious of the fact that the Bureau is often, and regularly, in the public eye. That is how it should be, and as long as we discharge our responsibilities effectively and competently and in accordance with the rule of law, then there is nothing to fear. We expect that this scrutiny will become even more enhanced over the coming moths as we draw near to the Presidential and Parliamentary General elections. Our Public Education Section will soon be embarking on a programme designed to promote a corruption free election: there will be zero tolerance to corruption henceforth.
I therefore remind you readers and every citizen of Malawi that “Fighting Corruption is everyone's responsibility”
Justice H . M. MTEGHA SC
DIRECTOR
ACB NATIONAL DAY INAUGURATED
By Bright Chimatiro
The Anti-Corruption Bureau had a National Anti-Corruption day inaugurated for the first time since its inception on 5th February 2004 at Civo Stadium in the City of Lilongwe.
The National Anti-Corruption Day which was inaugurated by His Excellency the State president, Dr Bakili Muluzi was aimed at advancing the publics’ comprehension on operations of the Bureau and the evil effects of corruption. The Bureau also intended to enlist and foster public support in the fight against corruption.
Government officials, donor community and others stake holders attended the inauguration ceremony.
In his speech, while welcoming the State President the Director of the Anti-Corruption Bureau said it was an important day because it gave everybody an opportunity to reflect on what has been achieved , see where we are at present and to determine where we are going.
He added,” It also gives us in the Anti-Corruption Bureau chance to interact with our stakeholders and partners”
The Director pointed out that the Bureau is putting finishing touches to a realistic and conceptually strong strategic plan which recognizes that the Bureau itself cannot be operationally responsible for undertaking all the preventive measures necessary in all the public institutions in Malawi.
“This shift to dynamic alliance building is better geared to achieving success and imbues the mindset that fighting corruption is the responsibility of all institutions, not just the Bureau,” he said.
In his inauguration speech His Excellency the State President Dr Bakili Muluzi said his government is committed to fighting corruption and that no culprit will be spared.
“I will not favour any one. If you are involved in a corrupt case be it a cabinet minister or any government official just know that you will face justice alone” he said.
The days’ program was spiced by motor vehicle floats depicting establishment and functions of the Bureau, poem recital by Frazer Kalambule, choir by Lilongwe Anti-corruption Movement (LICAM), songs by Fumbi Jazz Band, comedy by Muhone and Magagula; and traditional dances by the Malawi National dance Troupe.
The theme of the day was “ FIGHTING CORRUPTION EVERYONE’S RESPONSIBILITY.” It is expected that the day will be commemorated every year.
PES SENSITISES COURT CLERKS
Justice H M Mtegha, Director of the Anti-Corruption Bureau (standing third from left) poses with participants during the opening of the workshop at Illala Crest Lodge.
By Bright Chimatiro
The Public Education Section of the Anti-Corruption Bureau held its first workshop at Illala Bay Crest Lodge in Mzuzu from 18th to 21st November 2003
The purpose of the workshop was to sensitise the Court Clerks on the evil and dangerous effects of corruption as well as solicit and foster their support in the fight against corruption.
Forty two Court Clerks converged at Illala Crest Lodge from all the districts of the northern region to attend the workshop
In his opening speech, ACB Director Justice Harris M. Mtegha welcomed all the participants and said transparency and accountability are vital ingredients for good governance and for an effective public service.
He said this is the reason section 13 (o) of the Constitution mandates government to introduce measures which will guarantee accountability, transparency, personal integrity and financial probity and which by virtue of their effectiveness and transparency will strengthen confidence in public institutions.
The Director said being officers who handle files in courts, advise their worships, arrange cause lists, set the motion for enforcement and prepare court process makes them Court Executives
Justice Mtegha further said that corruption is a big threat to the environment, human rights, democratic institutions, fundamental rights and freedoms. It undermines development and deepens poverty.
“If, in the execution of your duties, you deliberately flout the court process for example, by destroying files, losing of exhibits, you may very well be committing offences under the Corrupt Practices Act, which may earn you a term of imprisonment”. He said.
There was plenary on definition of corruption , causes of corruption, its evil effects and operations of the Bureau.
Court clerks were encouraged to report corrupt cases so as to enhance a corrupt free society.
The Chief Resident Magistrate for the Northern region, Nyakwawa Usiwa-Usiwa was present at the workshop as facilitator.
Senior Investigations Officer for the Anti-corruption Bureau Ben Mnkhwimba hailed the presence of the Chief resident Magistrate who was also facilitator at the workshop as a sign of the judiciary’s commitment to fight corruption
The Bureau has also been conducting judges as well as magistrates workshops in the Judiciary.
Matters under trial
By David Kanyenda
The Republic VS Kalinda Yohane Nanseta. This case is being heard at Mzuzu Magistrate Court. Mr. Nanseta is being charged under Section 24 (1) of the Corrupt Practices Act for soliciting bribes from Tanzanian Nationals operating illegal businesses in Nkhatabay.
The Republic Vs Bezai Mutengaponji. Mr. Mutengaponji offered bribes to Mr. J. Kalinde Chief Motor Examiner in order to effect change of ownership on an unlawfully acquired vehicle.
PCC Case Progress has been made in the Petroleum Control Commission Case in which Mr. Kambalame, former PCC boss is being charged with receiving bribes in order to award a contract to transport fuel. The case has been adjourned in order for witnesses from the United Kingdom and from Tanzania to come and testify.
The Republic Vs Detective Sub Inspector Isaac Kasiya. Mr. Kasiya was arrested on 17th May 2003 for soliciting and receiving a bribe of K1, 500 to release a suspect on bail at Namitete Police Station. Trial has commenced at Lilongwe Magistrate Court.
The Republic versus Amos Chinkhadze and Jow Kamtema. Mr. Chinkhadze was arrested and charged under Section 54 (Regulations) Prohibition of Abuse of Information obtained in official capacity and disclosure of interest in contracts and proposed contracts. He pleaded not guilty. Mr. Kamtema was not arrested as he had been involved in a road accident and was bed ridden.
The Republic Versus Mr. Chaguza, Mr. Makalosi and Mr. Itende of Mangochi Town Assembly. Mr. Makalosi and Mr. Itende Councilors, pleaded guilty to charges under Section 54 (Regulations) of the Corrupt Practices Act. They were convicted and fined K15, 000 and K12,000 respectively. Mr. Chaguza the Chief Executive pleaded not guilty and Hearing continues at Mangochi Resident Magistrate Court.
The Republic Versus Shabir Suleman and Aslam Osman. The case of the two suspects , Managing Director of Priceworth Wholesalers and his business partner respectively, has been committed to the High Court in Blantyre for continued hearing. The two attempted to bribe a High Court Judge.
ARRESTS
Paul Chimenya and Clement Nyirenda of National Food Reserve Agency were arrested on for dealing in contracts. They were denied bail by the Lilongwe Magistrate Court. However they were later after some days set free by the High Court.
Anti - Corruption Bureau officers arrested Andrew Maganga, a Revenue Assistant at Malawi Revenue Authority Chisinga Office in Kasungu for soliciting and receiving a bribe . He has already been charged before the Magistrate at Kasungu Court. Trial will commence soon.
Mrs. Grace Moyo, Assistant Lands Officer in the Ministry of Lands and Valuation was arrested in a joint surveillance operation by the Bureau and the Malawi Police. She solicited K10, 400 and received K7, 200. During the operation she was found in possession of some money. She is now on bail and investigations are still underway.
Several arrest were obtained as 13 suspects were arrested. 275 investigations were completed as follows; 139 in Lilongwe, 119 in Blantyre and 17 in Mzuzu. Out of these 20 were recommended for prosecution on ANTI-CORRUPTION
CPRIO’S GO FOR A TRAINING COURSE IN SOUTH AFRICA
By Our Reporter
Corruption Prevention Research and Intelligence Officers attended a three week Skills Development and Training Programme in Corruption Prevention in South Africa from 2nd February to 20th February 2004.
The course whose aim was to develop skills and knowledge in corruption prevention saw four officers, Mary Phombeya, Fenwick Kamanga, Ipyana Musopole and Moreen Mwalabu acquire new techniques of corruption prevention.
The course took place at the University of South Africa.
The Department For International Development funded the training course.
The training department has lined up specialised training for all operational staff in view of the new strategic approach in the fight against corruption. It is anticipated that the new approach will be more effective
The officers are since geared to extra hard work in the fight against corruption.
Non Operational Staff Inducted
Operations need high level of support—Russell
By Bright Chimatiro
Anti-Corruption Bureau Non Operational staff went for a one week induction course at Staff Development Institute.
The course started on 1st March and run to 5th March 2004.
Operational staff were inducted in the operations of the Bureau in light of the new strategic approach in the fight against corruption.
Technical advisor for the Anti-Corruption Bureau, Mr. Paul Russell OBE said the Anti Corruption Bureau has developed a strategic approach to tackling corruption which involves additional specialised training for operational staff.
He said a lot of resources are being put in place into training of staff so as to become operationally more effective
“In order to ensure that this new operation works, we must also enhance the efficiency, skills and capabilities of the support staff so that they can continue to provide a high level of support that the operations department needs”, Russell said.
He added ,” It is for this reason that we are allocating funds for training not only to operational staff but also to the important support members.
Senior Human Resource Management and Development Officer for the Bureau, Stevie Kauka was also facilitator at the course
The course was funded by DIFID.
THE WAY FORWARD FOR THE ANTI-CORRUPTION BUREAU
By Florence Phiri
The Anti-Corruption Bureau is in the process of shifting direction towards a more pro-active approach to tackling corruption. This change in strategic direction is being implemented in all its divisions.
Corruption Prevention Research and Intelligence Division (CPRID)
A number of activities have been carried out by the Corruption Prevention Division (CPD) in line with this change. The Corruption Prevention Division has now changed to Corruption Prevention Research and Intelligence Department (CPRID).
Three Officers were attached to the Special Investigation Unit in South Africa. They participated in activities of the SA Law Enforcement Agencies including Asset Forfeiture Unit, Directorate of Special Operations, Public Service Commission (Anti-Corruption Unit), Directorate of Public Service procedures of operations of CPRID. The project management approach to operations is being tried in investigations and corruption prevention exercises. Good networks established with SA law enforcement agencies are promoting better cooperation and mutual assistance.
Corruption Prevention Officers Assisted Malawi Police Service in planning the first workshop for developing standard operating procedures for Road Block Personnel (with MASSAJ financial assistance). Early indications are that there are improvements and hence less corruption and/or corruption opportunities at Road Blocks. Public perception of the Police is expected to improve with this development.
Further progress was made towards completing Managerial Accountability Workshops for Lilongwe City Assembly, Immigration Department and Ministry of Health. CPRID also held planning sessions with Blantyre Water Board, ESCOM, MACRA and MASAF.
Recently the division held a Management Accountability Workshop at ESCOM relating to prevention of corruption in regard to opening and closing of electricity accounts. Preliminary results indicate that there are very weak systems in place which meter readers are able to corruptly take advantage of. Recommendations have been made to ESCOM for remedial action. Follow up and monitoring have been done through a Managerial Accountability Workshop held at ESCOM to consolidate progress.
CPRID participated in the Second ACB initiated Media Workshop from 21—28 March 2003. This second workshop which had more Media representatives than the first one, indicated that the Media now have a better idea of the ACB how it works and its mandate. The Media resolved that in future they will cover CPRID activities which they neglected in the past.
CPRID is also coordinating a World Bank funded Base Line Survey on Public Perception of Corruption in Malawi. The Survey is expected to be complete by the end of the year. The Survey will help the ACB in activity direction and deployment of resources.
Investigations Division
The Investigations Department has been restructured into Specialised Units to enhance its capability and efficiency. These are: -
Public Procurement and Contracts Unit
Access to Justice Unit
Fraud and Economic Crime Unit
The Specialised Units have already started their work. Being in Specialised Units will enable Officers to work in teams as a result the rate of clearing cases will increase.
During the first half of the year the ACB received 330 new complaints. 95 were authorised for investigation, 189 were not authorised or referred while 66 are waiting for the Directors decision.
17 warrants of arrest were obtained and 13 suspects were arrested, one went on the run and is still at large, 3 are yet to be arrested.
Two new Investigations Officers joined the Bureau.
Achievements of the Investigations Division within this period include: -
Referral system continued to improve.
Clear-up rate on dockets continues to improve at 33%
Finances improved a little and allowed for more arrests.
Good evidence from overseas witnesses with good cooperation from regional institutions has moved a number of serious corruption cases forward
Prosecutions Department
Another key objective of the Bureau at the beginning of the year 2003 was to establish an ACB Legal and Prosecution Department.
To achieve this objective the following activities were done.
One Prosecutions Officer was employed bringing the total to six.
ACB Prosecutors gave 42 legal opinions on dockets. High profile cases now in court by ACB Legal Consultants.
ACB Prosecutors prepared 16 new cases involving eleven accused persons and made ready for court.
ACB Private Lawyers began prosecutions of 2 more cases involving 3 accused in Magistrates Court and 1 in the High Court.
ACB Prosecutors made 30 appearances in Magistrates Court and 10 appearances in the High Court.
Progress was made on establishment of the Law Library in Blantyre.
Achievements of this Department include: -
Two persons were convicted
There is an improvement in legal opinions, no more delays.
There are 30 cases involving 73 accused persons before Magistrate Courts.
There is one trial before the High Court involving 17 accused persons. The case is on-going.
There are 12 appeals involving 26 accused persons before the High Court.
There are 3 appeals in the Supreme Court involving 5 accused persons. Judgment was given in favour of the ACB in one case involving 2 accused persons.
Targets set for next quarter include: -
Very high profile (and public interest) trials will continue in the next quarter.
A Training Course for Judges will be held in the next quarter
A Training Course for Magistrates (the third in a series) will be held in the next quarter.
A Training Course for Court Clerks planned.
Preparations still standing on retraining of ACB Officers on the new CPA in anticipation of a new law becoming effective.
All Prosecutors will undergo Prosecutors Training.
Law Library in Blantyre will be established.
There will be a review of performance on work being conducted by Private Law Consultants.
Public Education Section
Another key objective of the ACB is to enhance the capacity of its Public Education Section (PES) to promote empowerment and involvement of civil society in the fight against corruption. Three Officers transferred internally from other divisions and joined the Public Education Section.
PES have ran Training of Trainers (TOT) workshops for NGOs in the Centre and Northern regions and southern regions
Twenty eight Non Governmental Organisations were targeted in a Trainer of Trainers Workshop. This should result in them being better able to disseminate information on the ACB and corruption nationally.
TOT courses empower others to take on the rule of disseminating information on corruption and broaden the impact of the ACB.
PED also has been conducting lectures/talks on corruption to over a total audience of 6,000 people in Mulanje, Chiradzulu, Karonga, Chitipa, Nkhata Bay, Chikwawa, Nsanje, Ntcheu, Dedza and Likoma Island in conjunction with anti-corruption clubs during this quarter. Presentations were made to Youth Club members in Lilongwe Urban on 30 April 2003 in conjunction with NICE.
PED organised and ran a second Media practitioners workshop involving from 25-28 March 2003. ACB is developing a better relationship with the media, which is important in promoting the ideals of the ACB. There has been a distinct improvement in media reporting but much work still needs to be done.
Anti-Corruption clubs are proving to be popular with the young people who will become more responsible adults and ensure corruption free behaviour. Plans for PED to visit all Anti-Corruption clubs were fulfilled during the first half of 2003. Young Malawians are keen to learn about corruption issues and are good targets for improvements in the future and will help to build and sustain a corrupt free future.
Rural outreach programmes were conducted at TA Mtemambalame on and at TA Kabudula in Lilongwe rural in conjunction with NICE.
PES presentations were made to District Education Managers and Heads of Secondary Institutions from South West Education Division. Other presentations were also made to Primary head teachers from Blantyre urban and pupils of Ndirande CDSS in Blantyre.
Work continues on the production of the Video Documentary that is being produced by Malawi Institute of Education. Filming took place in Lilongwe, Blantyre, Mwanza and Zomba. Editing of the Video was done what remains now is the final editing.
Edutainment is part of the information dissemination techniques during the Public education campaigns . Here Gule Wamkulu performs in Ntcheu.
Preparations were made towards an improved Public Relations Strategy. The ACB identified a Public Relations Officer. As soon as the Public Relation Officer took up the post there has been an improved understanding of the ACB. The Officer was sent to a Specially designed Public Relations Course at MIM which commenced on 24 March 2003.
PES is also looking at the possibility of entering into a relation with the Active Learning Centre of Glasgow University regarding training of Public Educators.
PES also participated in sensitisation programmes under EU/GOM Rule of Law Programme in Likoma and Nkhotakota.
PED will work with other institutions in promoting coalition and identifying vulnerable ground. Targeting Senior Public Officers encourages them to take a lead within their Departments and Ministries in anti corruption initiatives and is a start towards coalition building.
A new pamphlet "A Guide to Reporting Corruption and advice to Witnesses" will be completed an published.
PED in conjunction with Investigations Division gave a talk to Contractors.
The Public Education Section with stakeholders developed an Implementation Plan in Mangochi at Nkopola Lodge. Several stake holders among them Malawi Broadcasting Corporation (Development Broadcasting Unit), National Initiative for Civic Education (NICE), Malawi Carer and The Story Workshop were in attendance.
Electronic Documentation Centres
Establishment of Electronic Documentation Centres is another key objective of the Anti-Corruption Bureau.
The ACB continues implementing its plans to develop human resources within the scope of the approved Staff Development Plan to improve performance.
DFID is funding the ICT project (Documentation Centre System). The project has been operational in the Lilongwe office for two years. It has now been extended to Blantyre, with all equipment procured and installed. One Senior Data Preparations/Capture Clerck has already been transferred to Blantyre and data capturing has commenced. Plans are in the pipeline for equipment to be bought and installed at Mzuzu Office.
The Documentation centre has information which can easily be accessed . This data base indicates that of 58 complaints, 157 cases allocated, 38 witnesses Statements and 42 Prosecutions have so far been entered.
All officers who did not take part in training on the new Documentation System will get training in the next quarter.
Human Resources Division
The Anti-Corruption Bureau continues to effectively develop human resources within the scope.
The ACB Internal Training Committee started work on 12 March 2003 on a "TNA"
for the ACB. Work on the five-year Staff Development Plan for 2003-2008 for ACB continues with experts from MIM being utilised.
The 5-year Staff Development Plan will guide the ACB on all training matters and will form the basis for a comprehensive approach to Staff Development.
The ACB now has an in-house Training Officer, Mr. Julius Munthali. He is now developing skills that will enable him to run courses on his own. This is a major move towards capacity building.
Two Corruption Prevention Research and Intelligence Officers and Principal Investigations Officer were attached to the Special Investigating Unit of South Africa in East London and Pretoria from. Attachments are important as knowledge and experiences are shared leading to better understanding of corruption in the region and ways of tackling it.
The Attachment programme was funded under the NORAD/SIDA Prevention of Corruption in Malawi Project.
Two Investigations Officers and a Documentation Officer were attached to the Anti-Corruption Commission in Zambia.
A Senior Public Education Officer and Training Officer and Investigations Officer and Assistant Documentation Officer were attached to Directorate of Economic Crime in Botswana.
Three Investigations Officers were attached to the Anti Corruption Commission , Zambia.
Senior Corruption Prevention, Research and Intelligence Officer (SCPRIO) attended a training workshop on Fraud and Corruption at RIPA, London. It was funded by NORAD.
Two Prosecutions Officers attended a SADC Lawyers workshop at Mangochi.
Two Corruption Prevention, Research and Intelligence Officers (CPRIO’s) attended training workshop in Detection of Fraud and Corruption in Republic of South Africa.
Seven ACB Drivers attended a Proficiency Trade Test Course in Lilongwe and Blantyre. The course proved effective as an improvement in vehicle cleanliness and handling is noted.
Nine Officers attended a Report Writing Course.
Five Prosecutors and six Investigators attended a Courtroom Skills Course at Mpemba.
ACB Training Officer attended a Special "Training of Trainers" Course at Malawi Police HQ, financed by MASSAJ as part of an ongoing capacity building programme for Police Officers/ ACB Trainers.
Eleven officers attended an ACB Induction Course including Laws of Evidence at MIM.
Four-teen Officers drawn from Investigations and Prosecutions Departments attended training in Mandatory Competencies at MIM from. The course drew 2 participants from ACC, Zambia and ACC Sierra Leone.
Newly recruited Officers learn the basic skills in Investigations and this provides a good basis for their work. Having participants from other regional institutions provided participants with ideas and skills employed elsewhere to the benefit of all participants. DFID provided funds for the course.
All in all the Anti-Corruption Bureau is making strides towards fulfillment of its Mission Statement which is ‘The efficient and effective prevention of corruption at all levels in order to facilitate a corruption –free society and to enhance and contribute to good governance and democracy in Malawi’.
Anti-Corruption Bureau pictorial focus
The Director Justice H M Mtegha speaking to a reporter at one of the media workshops.
ule Wamkulu dancing at one of the Public Rallies in Ntcheu where songs on
anti-corruption are sung as an information dissemination tool.
Corruption violates children rights—The two pictures show children whose rights can be retained by curbing corruption.
The Chief Justice Hon L. E. Unyolo (seated fifth from right), Assistant Director V C Banda (seated and second from left) and Paul Russell, Technical Advisor (seated and third from right) pose with participants at a Judges Workshop in Mangochi
Media practitioners at a workshop at Boadzulu Holiday resort in Mangochi.
From right to left—Technical Advisor , Paul russell stresses a point at one of the workshops in Mangochi as the Assistant Director Victor C Banda looks on.
Members of an Anti-Corruption Club pose for a photograph after a successful
anti-corruption campaign at Traditional Authority Kabudula in Lilongwe.
Public Education Officer , Billy Molosoni poses with a lady who answered a question on corruption correctly and received a T/Shirt at Govala in Zomba during an anti-corruption campaign.
A lady participant expresses her rights by asking a question soon after a presentation during an anti-corruption campaign.
The Web Version of the Newsletter was edited by Alexander Thyangathyanga.
The end.