The Anti-Corruption Bureau (ACB) has schooled Football Association of Malawi (FAM) that its mandate to prevent, investigate and prosecute corrupt practices extends to private entities, including the association.
The graft-busting body’s response follows FAM’s letter to ACB in which the association accused the bureau of overstepping its jurisdiction by issuing a restriction notice against regional associations elections in December last year following complaints on irregularities in nomination process.
In its letter to FAM, ACB says according to Corrupt Practices Act Cap 7:04, FAM and its affiliates are not immune from investigation on allegations of corruption.
The letter reads in part: “The bureau is established under Corrupt Practices Act Cap 7:04. It is, therefore, a creature of the law. In its preamble, it provides as follows: An Act to provide for the establishment of an Anti-Corruption Bureau; to make comprehensive provision for the prevention of corruption; and to provide for matters connected with or incidental to the forgoing.
“Further, Section 10(1) of the Corrupt Practices Act provides as follows: The functions of the bureau shall be to take necessary measures for the prevention of corruption in public bodies and private bodies, including in particular measures for examining the practices and process of public bodies and private bodies in order to facilitate the discovery of corrupt practices and secure the revision of methods of work or procedures which in the opinion of the bureau may be prone or conducive to corrupt practices; advising public bodies and private bodies on ways and means of preventing corrupt practice and changes in methods of work or procedures of such public bodies and private bodies compatible with effective performance of their duties, which the bureau considers to reduce the likelihood of occurrence of corrupt practices.”
ACB further says FAM is not a private entity.
“Therefore, based on these legal provisions, the bureau does not agree with your office’s claim that the bureau has no jurisdiction over FAM and its affiliates, and that it was an anomaly to investigate your good office.
“From the law itself, it is clear that if members of FAM indulge in corrupt activities, the bureau is obliged to investigate those acidities.
“In any case, FAM and its affiliates are not as private as your office claims. There is evidence that FAM draws money from the consolidated fund. That aspect in itself makes FAM even more eligible for the bureau’s activities,” reads the letter further.
Former Silver Strikers general secretary Thabo Chakaka Nyirenda, a lawyer, said FAM should respect the rule of law.
He said: “It’s clear that FAM misdirected itself on the country’s anti-corruption laws. FAM cited South African laws to back its stand. That was wrong. We are a sovereign nation. We can’t be governed by South African statutes.
“FAM thinks it is above the law which is not the case. Fifa statutes are subservient to national laws. ACB is at liberty to issue another restriction notice against the holding of the elections.”
FAM general secretary Alfred Gunda said the association was not against ACB investigating FAM and its affiliates.
He said: “We are not saying ACB cannot investigate FAM and its affiliates. They can do that. What we told ACB is that it was wrong for them to stop the elections.”
and will serve as Motsepe’s vice-presidents.
Senghor, in a statement announcing his withdrawal, confirmed the meeting.
The statement read: “After consultations with the Senegalese authorities during the discussions in Rabat and the approval of the FSF [Senegal Football Federation]emergency committee during its meeting held on Tuesday March 2 2021, taking into account the particular context of this campaign, we have decided to accept the consensual proposal submitted to us by Fifa, Morocco and Egypt, in the name of the superior interest of the unity of African football that we have put forward in our profession of faith.
“It seems to us that this is the best decision that we could take after a lucid analysis of the current situation of CAF and of the imperative need to favour a synergy of actions of all the skills to rectify it.”