By Duncan Mlanjira
The Anti Corruption Bureau (ACB) arrested Dyson Mchenga, a road traffic assistant based in Mwanza for soliciting and receiving bribes in order for him to issue cross border permits for passenger bus operators traveling to South Africa.
According to a statement, the ACB received a complaint from the public on July 29 alleging that Mchenga and his fellow officers are soliciting and receiving bribes from the bus operators and instituted a joint operation with the Malawi Police Service and caught Mchenga in the act of receding K300,000 from an agent of South African registered Dijamu 850 Coaches.
Mchenga is set to appear in Court to be informed of his charges after his statement has been recorded.
“The ACB is warning all public officers against soliciting and receiving payments for services which are supposed to be offered for free,” says the statement signed by Senior Public Relations Officer, Egrita Ndala.
Cases of corruption is rampant by public servants both in Malawi and across Africa.
A 2016 report by www.ganintegrity.com says corruption is rife in Malawi and poses serious compliance risks to businesses investing in the country.
A sign against corruption in Rwanda
The reports says all sectors of the economy suffer from widespread corruption, and large networks of clientelism and patronage exist. In addition, extensive bureaucracy and red tape provide a fertile environment for facilitation payments and bribery.
“Companies contend with corruption and bribery in almost all operations, from obtaining licenses to bidding on public contacts,” says the report.
“Malawi has a comprehensive anti-corruption legal framework, yet enforcement is poor and officials sometimes engage in corruption with impunity.
Demonstrations against corruption
“The Penal Code and the Corrupt Practices Act criminalize active and passive bribery, extortion and abuse of office, among other offenses, in both the public and the private sectors. Gifts are also criminalized, yet the practice is widespread.”
Amongst those mentioned in the report as prone to corruption include the Police, the Judicial System, Public Services, Land Administration, Tax Administration, Customs Administration, Public Procurement, Legislation and even the Civil Society.
Demonstrators in South Africa
The report says police present business with a moderate risk of corruption and that its officers lack training and are inefficient, and there have been several reports of corruption within the ranks of police officers (HRR 2015; ICS 2015).
“Police impunity is a problem; officers abusing their power generally face a transfer of post rather than an investigation (HRR 2015).
“Over 33% of citizens believe the police is corrupt; nonetheless, between 2011 and 2013, only 6% report to have paid a bribe to the police, while almost 70% expressed trust in the police (Afrobarometer, Nov. 2015).
“Government mechanisms established to control police abuse and corruption were only partially effective (HRR 2015). Victims of police abuse fail to report on cases due to fear of reprisal, and those who do rarely see the cases investigated (GI 2016).
“Businesses perceive the police to be moderately reliable in protecting them from crime and enforcing order; almost 75% of companies pay for security in Malawi (GCR 2015-2016; ES 2014).”
The report says the judiciary presents businesses with a high corruption risk as bribes and irregular payments are often exchanged in return for favorable court decisions (GCR 2015-2016).
The judiciary is only partially independent from political pressure, for deeply entrenched networks of clientelism in all sectors and branches of the government render the institution susceptible to the influence of the president’s network (BTI 2016).
The judiciary
The courts are perceived to be fairly efficient in providing foreign and domestic investors with accessible legal recourse (ICS 2015).
Nonetheless, the institution is undermined by a shortage of judges and a lack of resources and training, causing a backlog of cases and slow judicial processes (HRR 2015; ICS 2015).
Businesses perceive the courts’ efficiency to be below average when it comes to settling disputes and challenging government regulations (GCR 2015-2016).
The report further says freedoms of speech and the press are protected under the Malawi constitution, and the government generally respects these rights in practice (HRR 2015).
Although the number of reported attacks is small, journalists occasionally suffer harassment, intimidation, and threats from authorities (HRR 2015).
“The president filed a defamation suit to sue a critic who accused the president of corruption in an online publication (HRR 2015).
“Citizens are granted the right to access government information, yet no law exists compelling government entities to provide information (Transparency International, Sept. 2014). Malawi’s media Malawi is considered “partly free” (FotP 2015).
“Freedom of assembly is provided for by the law in Malawi, and the government generally respects this in practice (HRR 2015). NGOs are free to exercise their activities in Malawi, as long as these do not interfere with political issues (Transparency International, Sept. 2014).
“Despite these limitations, civil society members have managed to be co-opted into different government structures (Transparency International, Sept. 2014).
Nonetheless, some sources suggest that this co-option was only to silence NGOs’ critical mandates (BTI 2016). Almost 90% of citizens believe public officials and civil servants are corrupt (GCB 2013).