The Directorate of Public Prosecutions (DPP) says it has consented to 31 out of 32 corruption-related cases for prosecution by the Anti-Corruption Bureau (ACB) between August 10 2021 and April 26 this year.
A confidential memo from DPP Steve Kayuni to Attorney General Thabo Chakaka-Nyirenda shows that one file was not consented to for prosecution. The file in question is on the case involving Ashok Kumar Sreedilaran, an associate of United Kingdom-based businessperson Zuneth Sattar who is also facing corruption allegations.
Reads the DPP report in part: “There is only one file on Sattar, i.e, Ashok Kumar Sreedilaran with an interim investigation report. The said Ashok file awaits legal processes of 14th January 2022, requested by the DPP to ACB.”
Through the memo, the DPP informs the AG that his office has always complied with the law and cooperated with the ACB on law enforcement and court orders.
The DPP’s withholding of consent for the Ashok case prompted the Legal Affairs Committee of Parliament to push for an amendment of the law to remove the requirement for ACB to seek consent from the DPP to prosecute cases.
In an interview yesterday, Kayuni said in accordance with the law, his office has always considered all applications for consent to prosecute from the ACB.
He said: “Since assuming office, we have had 32 requests for consent to prosecute pursuant to Section 42 of the Corrupt Practices Act. Out of these, 31 were duly granted and ACB can advise on the progress of those matters.”
When contacted yesterday, ACB director general Martha Chizuma said she would not comment on the matter as the document is not addressed to the bureau.
” We can neither authenticate nor comment on it,” she said.
Section 42 (1) of the Corrupt Practices Act states that no prosecution for an offence shall be instituted except by or with the written consent of the DPP and where the DPP withholds consent to, he shall provide reasons in writing, devoid of any consideration other than those of fact and the law.
The DPP’s memo indicated that cases consented to during the period include those involving former Cabinet minister Newton Kambala, Alliance for Democracy president Enock Chihana and former presidential aide Chris Chaima Banda.
The three are accused of trying to influence a public officer to abuse office in the procurement of fuel at National Oil Company of Malawi.
Others involve Ministry of Energy director of energy Cassius Chiwambo, who was arrested on suspected corrupt practices in the procurement of suppliers for the Malawi Rural Electrification Programme Phase 9 project.
The other high-profile case involves businessperson Abdul Karim Batatawala who is facing corruption charges alongside former Department of Immigration and Citizenship Services chief immigration officer Elvis Thodi and the department’s commissioner responsible for operations Fletcher Nyirenda as well as deputy director Limbani Chawinga.
The DPP’s memo comes two days after President Lazarus Chakwera on Monday declared that Chizuma had his full support. The President’s comment came in the face of criticism that his administration is systematically stifling the anti-graft drive.
This is amid growing public perception that some government agencies were working to frustrate the ACB in its investigation on Sattar.
