The Anti-Corruption Bureau (ACB) Monday appeared before Lilongwe Chief Resident Magistrate Madalitso Chimwaza, seeking a restriction notice renewed so that bank accounts linked to business magnet Zuneth Sattar can remain frozen.
Sattar, a businessperson who is based in the United Kingdom, is facing graft charges in Malawi.
At the moment, the bureau wants the accounts to be frozen until it finishes investigations.
The ACB, through its lawyers, has indicated that it has already written the banks asking for the needed information.
Lawyer representing owners of the frozen accounts, Kalekeni Kaphale, raised an objection, arguing that the notices should not be renewed because the ACB has “very pervasive and invasive” investigation powers it could have used to obtain the information by now.
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“In March or April, they applied for renewal and, when they were applying for renewal, they had indicated that they completed investigations and that they believed the account contained proceeds of crime [and that] they would be taking the next step.
“They have not taken any step. The restriction notices expired in August [this year and] now they are applying for the renewal and we are saying that, before they are granted the renewal, can they give an account of how they have exercised their statutory powers under the Corrupt Practices Act,” Kaphale said outside the court.
According to Kaphale, investigations started in October 2022.
Then, the Financial Intelligence Authority (FIA) had frozen the accounts in September 2022 before unfreezing them.
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After that, the ACB stepped in in January 2023, when its started using a restriction notice that expired after 90 days.
He further argued that the graft-bursting body has the power to ask any bank to demand any information including the identity of depositors, recipients and reasons for transactions.
According to him, the ACB has, under the Bankers Books Evidence Act, similar powers.
He added that FIA has powers under the Financial Crimes Act.
“Before they apply for this restriction notice, how have they exercised their power? The law does not give powers to ACB to write anybody; it gives them powers to give notices to demand information,” he argued.
Meanwhile, the court has reserved its ruling to October 12 2023.
Investigations into Sattar and other government officials started when ACB Director General Martha Chizuma submitted a report to President Lazarus Chakwera, in which allegations were made that Sattar had suspicious relationships with some public officials.
