The Forum for National Development (FND) and Centre for Mindset Change (CMC) have, through their lawyers written the Anti-Corruption Bureau (ACB) demanding information on the results of an investigation into the alleged dubious purchase of a Mercedes Benz by Malawi Congress Party (MCP), Secretary General, Eisenhower Mkaka.
In a letter addressed to ACB Director General, Martha Chizuma, dated 2nd April 2024 and signed by one of the officials at S & M Lawyers & Associates Stanley Chirwa, the two organizations demand the body to make public the outcomes of their investigation on Mkaka’s alleged dubious purchase of a motor vehicle.
The law firm says their clients understand that on 3rd August 2022, the Bureau confirmed in a letter reference number AC H/DIR/8/26 to the Centre for Democracy and Economic Development Initiatives (CDED), as reported by the Malawi Voice, that it had launched investigations into this matter.
S & M Lawyers & Associates further say their clients are surprised that despite ACB’s commitment to notify the nation of the outcome of the investigations, the Bureau is yet to give the public an update on the matter.
“We represent the Forum for National Development (FND) and Centre for Mindset Change (CMU), hereinafter referred to as our “Clients”. Our clients request the Anti-Corruption Bureau to provide information on the status of the probe into the alleged dubious purchase of a motor vehicle by Honourable Eisenhower Mkaka, the same being a Mercedes Benz with Chassis No. WDD 22213224338705,” reads part of S & M Lawyers & Associates’ letter to ACB.
The firm says their clients are aware that the Bureau’s prosecutorial powers under section 10(1) (f) of the Corrupt Practices Act must adhere to section 12 (1) (e) of the Republican Constitution, ensuring equal status before the law for all persons.
The letter indicates that the two organizations expect the Bureau, as a public institution, to exercise its mandate transparently and accountably, conforming to established practices and laws
Furthermore, FND and CMC believe that ACB has a fiduciary duty under section 120 (1)(a) and (b) to be transparent and accountable to the Malawian people to maintain public trust in governmental institutions and uphold democratic principles.
The two organizations through the law firm say they also believe that by providing updates on investigations, the Bureau reinforces its commitment to combating corruption and preserving the state’s integrity and they have given ACB 14 working days to make public the probe outcomes.
“Our clients are concerned that despite the investigation’s completion several months ago, there has been no apparent action taken, and the Bureau has not made any update to the public as required by its fiduciary duty,
“Kindly note that if we do not receive a response within 14 working days, our clients reserve the right to take further steps, including legal action, under sections 15 and 18 of the Access to Information Act and other applicable laws, without further recourse to you whatsoever. We trust you will act favorably upon this request,” reads another part of the letter.
It has also been reported that FND and CMC are seeking this information under section 37 of the Republican Constitution, entitling every person to access information held by the State or its organs, necessary for the exercise of their rights.
Mkaka is being accused of dubiously owning a Mercedes Benz believed to have been bought and shipped into Malawi by a United Kingdom-based corruption suspect Zuneth Sattar.
