Malawi’s former budget director has become among the latest high profile people to be arrested by the Anti-Corruption Bureau (ACB) in the public graft case known as Cashgate. The recent arrest of Paul Mphwiyo and his wife was the first of a new series of arrests by the country’s corruption busting body, which saw five people arrested within a space of four days. The others are the newly appointed director of the Public Officers’ Assets Declaration, Christopher Tukula, former publicity secretary of the former ruling People’s Party, Hophmally Makande and a lawyer, Ishmael Chioko. They are answering various charges, including theft, money laundering and defeating the course of justice alongside more than 60 other suspects arrested last year over involvement in the financial scam. The new arrests come just weeks after the British forensic audit firm Baker Tilly released to the Malawi government a report containing names of those suspected to have taken part in the graft. The audit report concludes that more than $30 million was looted from government coffers between April and September last year. Reyneck Matemba is the Deputy Director for the Anti-Corruption Bureau. He said the latest arrests are a milestone in the ongoing Cashgate prosecutions. “This arrest, especially the arrest of Mr. Paul Mphwiyo, is very significant in as far as getting to the root of the Cashgate is concerned. As you are aware, Mr. Paul Mphwiyo was a budget director during the period when the government lost a lot of finances - that was between April and September last year. So we believe that the arrest of Paul Mphwiyo would lead us somewhere,” said Matemba. Many Malawians have viewed the new arrests as a good development. “I think it’s a positive development. I would like to hail the government’s move towards that. A lot have been said about the former budget director and the former government so this is a positive way towards arriving at the root cause of the Cashgate,” said Frackson Nthara, a second-hand clothes seller at Mbayani market in Blantyre.
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What are the main functions and operations of your agency?
QUESTION #11 FROM OUR SURVEYS
- A review of the literature on ACAs indicates that there is no standard approach or model when it comes to the establishment of an ACA and the definition of its mandate.
- Some ACAs have been created from scratch, while others have built on existing ombudsman offices, special units within police departments, or justice departments.
- The ACAs included in this initiative are no different. The majority of ACAs have some preventive and investigating functions, but prosecution is carried out by less than half.
Apr 09, 2015
The Directorate on Corruption and Economic Crime (DCEC) was established in September 1994 under the Corruption and Economic Crime Act Model and staffed by the former members of the Hong Kong agency and local personnel. The Directorate is an... Read More
OF COUNTRIES HAVE FREEDOM OF INFORMATION LAWS
FROM OUR COUNTRY CROSS-ANALYSIS
The existence of anti-corruption laws is the first step in addressing corruption and creating an enabling environment for ACAs to operate effectively. Anti-corruption laws and regulations such as freedom of information, conflict of interest legislation, whistle-blower protection and financial disclosure, can facilitate the investigative and prosecution functions of ACAs.
For this reason, many countries have introduced this type of laws, as the data collected highlights. This may appear encouraging for the seemingly widespread existence of a comprehensive legal system in support of ACAs activities. It is however important to stress that the data presented capture the existence of the laws (“de jure” system) and not whether the laws are implemented (“de facto”).