Anti-Corruption Bureau (ACB) Director General Martha Chizuma has angered Director of Public Prosecutions (DPP) Steven Kayuni after the bureau used a different “angle” in investigating the abuse of former president Peter Mutharika’s taxpayer identification number (TPIN).
While the bureau arrested three Malawi Revenue Authority (MRA) officials over the matter and is using former presidential bodyguard Norman Paulosi Chisale as a witness, Police and the DPP are prosecuting Chisale, former State House Director Peter Mukhito and others over the same matter and are using MRA officials as witnesses.
In a letter dated 19th July 2022 and addressed to Chizuma, Kayuni has expressed his anger and has reminded Chizuma that his office is the overall in charge of prosecution in Malawi.
It is alleged that Mutharika’s TPIN was used by State House officials with help from MRA officials to import cement worth over K5 billion duty free.
The DPP and the police opened cases against Chisale, former State House Chief of Staff Peter Mukhito, MRA deputy commissioner Roza Mbilizi and businessperson Mahmed Chunara together with his father Ahmed Chunara over the issue.
On July 7, ACB arrested Mbilizi, former MRA manager for customs and excise Fredrick Mpeusa and deputy commissioner responsible for enforcement and operations Abigail Kawamba on charges of abuse of office under the corrupt practices act.
In the letter which has been copied to Minister of Justice, Attorney General, MRA commissioner general, Inspector General of Police and Financial Intelligence Authority (FIA) director general, Kayuni said the only common denominator in the two cases is that Mbilizi and Mukhito are accused persons.
“The rest of ACB file accused persons are the other agencies’ [FIA, DPP, MRA, MPS [Malawi Police Service] – Fiscal witnesses. A further complication and embarrassment to the State agencies is that of Norman Paulosi Chisale (NPC) and MRA managers. Your good office investigations have NPC as a state witness while in the Cementgate/TPIN he is an accused person number 3.
“Worse still, the three MRA managers are witnesses in the Cementgate/TPIN case while your good office has named them as accused persons.
“Madam Director, it is impossible to process prosecution in court on both files with this strange and alien approach,” Kayuni has said in his letter.
Kayuni has also faulted Chizuma and the ACB for turning down an invitation to attend a “pre-trial TPIN/Cement-gate meeting” that took place in April this year at Mponela in Dowa.
According to Kayuni, had the ACB attended the meeting, the confusion flying around would not have been there since the ACB would have been able to crosscheck the evidence which MRA and Fiscal police have on the TPIN matter.
He has since urged the ACB to work in coordination with other state agencies, saying there is no need for competition or to outsmart each other or torpedo ongoing cases.
“As overall in charge of prosecutions in the country, we urge your good office to pursue what other law enforcement agencies are doing ie adherence to the Law Enforcement Coordination Strategy regardless of our independent legal frameworks,” Kayuni has said.
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