By Wezzie Gausi:
The Public Accounts Committee (Pac) inquiry into the acquisition of Amaryllis Hotel by the Public Service Pension Trust Fund (PSPTF) appears to be encountering difficulties after key witnesses failed to appear before Parliament on scheduled dates.
Yusuf Investments Limited, the seller of the hotel, was expected to attend proceedings but did not appear.
The committee said it was considering possible punitive measures.
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Pac Vice Chairperson Tulinje Muluzi said the seller remains an important witness in establishing how PSPTF handled the multi-billion-kwacha transaction.
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“The appearance of Yusuf Investments Limited is important because we want to understand the full circumstances surrounding the transaction, including the evaluation of the purchase price, the engagement with various actors and the movement of funds,” Muluzi said.
He said the committee had invited the company to present its account but it did not attend.
“We cannot allow a situation where witnesses decide when and how to appear before Parliament, especially in matters involving public funds,” Muluzi said.
The inquiry has also been affected by the absence of former Secretary to the President and Cabinet Colleen Zamba, who has not appeared before the committee.
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Zamba, through her lawyer, said she could not attend due to medical treatment abroad and an ongoing court matter linked to the transaction.
Her absence led Pac to cancel a scheduled hearing, leaving the committee without her testimony.
Muluzi said such developments affect the progress of the inquiry.
“This inquiry is about accountability. It is about ensuring that Malawians have answers on how their pension funds were used,” he said.
Meanwhile, governance commentator Godfrey Banda has said the repeated failure by key witnesses to appear before Pac raises concerns about the effectiveness of parliamentary oversight in enforcing accountability.
“The recurring absence of key witnesses points to a weakness not necessarily in Parliament’s mandate but in the enforcement of its authority once summonses are issued,” Banda said.
He added that while Parliament has constitutional powers to summon individuals, compliance remains a challenge that can affect the progress of oversight work.
“Parliament can call witnesses, but when those witnesses do not appear it becomes difficult to complete a full and credible inquiry.
“When critical players are missing from the process, important details risk being left untested or unexplained,” Banda said.
He further said the situation highlights the need for stronger and more consistent enforcement mechanisms to support parliamentary summonses while ensuring that legitimate reasons for absence are handled through proper procedure.
“Accountability systems are only as strong as their ability to ensure participation. Without that, even well-intentioned inquiries face delays and gaps,” he said.
Information we have gathered indicates that Yusuf Investments, through their lawyer, have objected to Pac’s jurisdiction, citing lack of authority over a private entity.
The firm’s lawyer, Gabriel Kambale, wrote to the committee to register the objection, saying Pac’s mandate is confined to public finance oversight according to the Public Audit Act and the committee’s objectives.
“Every function assigned to this committee is anchored in the examination of audited public accounts, the scrutiny of government financial management and the accountability of ministries, statutory bodies and entities controlled by government,” Kambale argues.
He further points to Standing Order 173(4), which he says provides that the committee’s deliberations shall be confined to its jurisdiction.
“Standing Orders are purely procedural and cannot enlarge substantive jurisdiction. They derive from and remain subordinate to the Constitution and the Public Audit Act. They regulate how powers are exercised, not whether they exist,” he says.
The inquiry by Pac was triggered by public outcry after the hotel was reportedly acquired at about K128.7 billion, despite earlier independent valuations placing its value between K30 billion and K50 billion.
Earlier, the Reserve Bank of Malawi is said to have advised against proceeding with the transaction.
Pac initially concluded its inquiry but later reopened it after concerns were raised that key individuals, including the seller and Zamba, had not been heard.
Since the reopening, attendance has remained inconsistent.
