HRDC implores on DPP to expedite prosecutions of arrested high-profile offenders

By Duncan Mlanjira

The Human Right Defenders Coalition (HRDC) has written the Director of Public Prosecutions,Mary Kachale to expedite the prosecution of high-profile politicians, senior public officers and business people, who were arrested for allegedly committing various corruption cases.

Copied to the Inspector General of Police, the Director General of the Anti-Corruption Bureau (ACB), Minister of Justice and the Attorney General, the letter said since July 2020, there have been a large number of high profile arrests of people who were holding high posts in the previous administration by both the ACB and Malawi Police Service.

“These arrests include politicians, senior public officers and business people,” says the letter dated October 8. “However, up to date, we have not seen prosecution of any of these.

“For example, the Supreme Court recently released Mr. Norman Paulos Chisale, inter alia, because he is yet to be charged in a court of law. We can cite other examples like Collins Magalasi, Peter Mukhitho, Roza Mbilizi, Godfrey Itaye and many others.

“HRDC is concerned with the current state of affairs. The questions we ask are: whether the arrests were without merit? Whether some suspects are being shielded by the so called “system”? Whether our law enforcement agencies have requisite expertise to professionally prosecute such high profile cases?

“HRDC is receiving concerns from Malawians regarding the conduct of law enforcement in ‘draining the swamp’ they feel the way forward is transparency in how your office and the others copied herein are handling these cases.

“As the saying goes ‘justice delayed is justice denied’, speedy prosecution of such high profile individuals will remove the impression that the arrests were just a smokescreen to hoodwink Malawians.

“Furthermore, it is in the suspects’ interests to have their cases resolved one way or the other,” says the letter signed by national chairperson, Gift Trapence and national coordinator, Luke Tembo seconded by regional chairpersons — Happy Mhango (North); Madalitso Banda (East); Masauko Thawe (South) and Billy Mayaya (Centre).

HRDC is on a whistle blowing campaign and recently asked Ministry of Lands to provide updates on dubious acquisition of land by high profile officials.

The lands in question include Plots 1036 to 1040 in Limbe East (near Railways), which were alleged to have been corruptly awarded to an individual in Limbe and that Deed Plan No. 170/09 was allegedly forged.

HRDC also singled out a farm, located along the road after the bridge on the right going to Ntaja, that was donated to Machinga District Council but it is alleged that a political heavy weight snatched the farm from the council without paying anything.

The petition also alleges that a Guest House belonging to Ministry of Works in Chimaliro, Mzuzu was snatched by a politician without paying for it and that Mbowe Dam, which was buit as part of the Viphya Plantation Concession Plan in the Lusangazi Forest, has also been snatched by a politician without paying for it.

HRDC also wrote to the ACB questioning the contract awarded by the Ministry of Health to a Zambian firm Grandview International to provide ambulances at exorbitant prices yet Toyota Malawi quoted at a cheaper price at less than US$25,000 and offered 2 years of free service of the vehicles.

Land Cruiser quotation from Toyota Malawi was $47,800; Nissan Malawi’s Nissan Patrol at $56,241.61; Mike Appeal & Gatto Land Cruisers at $61,384 and Grandview International Land Cruisers at $63,000.

Others Land Cruiser quotations included Med Point Dazzie at $64,750; Paramount Holdings at $65,000; ARK Agencies ate$72,000: Skywaves at $77,007.36 and Good Hope at $112,281.88.

HRDC has also written the ACB detailing some allegations that the Roads Authority made some payments out of Treasury on the pretext that the money would be advance payment for construction of 10 road projects mainly in the Southern Region.

The letter, dated 3rd September, 2020 addressed to ACB Director General Reyneck Matemba, alleges that this was done during the campaign period for the fresh presidential election in which a total amount for the project was over MK46 billion (46,006,005,794.10) and that 20% advance payment was made but no works have started in the projects except for the Bolero-Nyika road.

“On 24th March 2020, the Minister of Transport and Public Works, Hon. Ralph Jooma MP, wrote to the Minister of Finance, Hon. Joseph Mwanamvekha MP, requesting MK9, 201, 201, 158.80 as a 20% advance working capital so that contractors should mobilize to sites.

“We have received information alleging that the contractors were just ‘hand picked’ without following public procurement laws and regulations,” says the letter signed by HRDC national chairperson, Gift Trapence and national coordinator, Luke Tembo.

HRDC further allege that the Roads Authority also undertook to grade 621km of several roads in the Southern Region within 90 days (20th March 2020 to 20th June 2020) at a cost of MK244,098,851.46.

This money, according to HRDC, was withdrawn from the Fuel Levy and also that no grading ever occurred despite the payments.

HRDC further says the contractors were just ‘hand picked’ without following public procurement laws and regulations.

“We appeal to ACB to commence the investigations into these contracts across the country as soon as possible and that the anti-corruption body will update the nation when the investigations have started.”

But in its defence, Roads Authority’s spokesperson, Portia Kajanga — while acknowledging receipt of the copy of the petition — said the allegations are not true as the contracts were “awarded following all public procurement procedures”.

Asked if the advance payments were done, why then was there no progress on the projects since March as alleged by HRDC, Kajanga said: “Note that under civil works, an advance working capital is guaranteed by a written unconditional Bank Guarantee.”

She also disputed HRDC information that the money was withdrawn from the Fuel Levy, saying “all major projects, like the ones under discussion, are financed by Ministry of Finance”.