Zuneth Sattar
By Duncan Mlanjira
Malawi Law Society (MLS) has issued a public statement that it has observed that some “state actors” and individuals are trying to influence, interfere, direct or misdirecting the Anti-Corruption Bureau (ACB) on “how to conduct its functions in the investigations concerning the allegations surrounding the alleged corrupt dealings by Zuneth Sattar.
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The statement signed by president, Patrick Mpaka and honorary secretary, Chrispin Ngunde says MLS has come in the open “in exercise of its statutory mandate” that protects matters of public interest touching, ancillary or incidental to law.
This has also been done in recognition of MLS and citizen’s constitutional responsibility to observe and uphold the Constitution and the rule of law.
“Under sections 13 and 30 of the Constitution, “all persons and peoples of Malawi” have the right to development and to enjoyment of economic progression,” says the statement. “There is a specific legal obligation on the part of the State to take measures aimed at eradicating social injustices and inequalities.
“Sustained high level corruption has been among the major and primary setbacks undermining the realisation of the will and aspirations of the people of Malawi to progressive development as recorded in their Constitution and summarised in clause 3 above.
“As part of containing the crosscutting vice of corruption, the people of Malawi through their legislative processes created the Anti-Corruption Bureau. By law, the Bureau has to exercise ‘its functions and powers independent of the direction or interference of any other person or authority’.
MLS says it is acting on its authority under section 64(d) of the Legal Education and Legal Practitioners Act in “closely following the proceedings and processes” concerning ACB’s investigation on Sattar investigation.
It thus calls for co-operation and non-interference that include reminding “all state actors in all the three branches of Government that all legal and political authority of the State derives from the people of Malawi as a whole solely to serve and protect their interests”.
“Any powers or authority must be exercised with this fundamental legal principle in mind and within the strict parameters of the law applicable to every situation.”
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MLS, therefore, “CALLS upon all duty bearers currently holding any legal or political office(s) or those who previously held any legal or political office(s) and, therefore, are required to play any role as part of managing the ongoing investigations and those that may be required to account under the ongoing investigations into Zuneth Sattar’s alleged corrupt activities, to accord the Anti-Corruption Bureau full and genuine co-operation consistent with the authority and autonomy of the Anti-Corruption Bureau to exercise ‘its functions and powers independent of the direction or interference of any other person or authority’.”
It also states that “any direct or indirect interference or any form of direction to the Anti-Corruption Bureau by any person or office holder present or past in regard to the conduct of functions of the Bureau is an illegality and does not promote the rule of law or protect the public interest in seeking to curb corruption and develop the country for all”.
“The Malawi Law Society CALLS upon the Bureau to remain true to and consistent with the spirit of the law in performing its functions.
“Similarly, in whatever capacity it falls before them to contribute to the administration of justice on the subject matter, members of the legal profession are, for the sake of the public interest and the general good which the law primarily seeks to serve, REMINDED of each member’s duty of candour and the need to conduct any legal process in compliance with the highest applicable standards in a manner that does not bring disrepute and opprobrium to or undermine the integrity of the legal profession in the fight against corruption.
ACB Director Martha Chizuma
“The Malawi Law Society reserves its full rights in so far as it is enabled by law ‘to protect matters of public interest touching, ancillary or incidental to law’ and to assist in ‘upholding the Constitution and the rule of law’ in the country.”
Last week, the ACB made a landmark ruling when it cancelled a staggering K48 billion contract that was awarded to Portuguese company, Mota Engil to upgrade the Marka-Bangula railway line over corruption allegations dealings in the awarding of the contract.
The contract was suspended by ACB just a few days after Ministry of Transport and Public Works published a notification for intention to award Mota-Engil after the company emerged as the successful bidder at the lowest price of K48,244,861,524.98 against two other bidders — China Railway at K59,906,673,465.11 and China Civil Engineering’s K79,766,540,032.76).
The ACB directed the Ministry of Transport to re-evaluate the last three bidders within 15 working days from Thursday, December 3, saying its investigation faulted the evaluation team for substantially departing from the requirements of the bidding document contrary to the provisions of the Public Procurement and Disposal of Assets Act.
State of Nsanje-Limbe railway
ACB further recommended that the Ministry should re-evaluate the last three bidders with consideration being made to the areas of noncompliance to bidding document that the Bureau raised.
The Bureau also directed that the re-evaluation of the bids should be done by different team and set the 15 days deadline taking cognizance that this is an important project to Malawi economy which is a bilateral arrangement between Malawi and Mozambique.
Mozambique has almost finalized their side of the project whilst Malawi’s involves rehabilitating the whole section of Marka-Bangula section that includes rebuilding all four stations at Marka, Nsanje, Tengani and Bangula.
Rail line from Moatize that Mota Engil built