Anti-Corruption Bureau craves more powers

By Taonga Sabola & Isaac Salima:

The Anti-Corruption Bureau (ACB) has called for legal reforms that would grant it expanded powers to arrest corruption suspects without an arrest warrant.

Speaking in Lilongwe yesterday, when the country held activities marking International Anti-Corruption Day, ACB acting Director General Gabriel Chembezi said the current legal framework hampers the bureau’s ability to act swiftly, even when its officers witness corrupt activities first-hand.

Unlike the Malawi Police Service, the ACB must rely on the Malawi Police Service or obtain a court-issued warrant before making an arrest, an arrangement Chembezi described as an impediment to real-time graft busting.

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The event, presided over by State Vice-President Jane Ansah and held under the theme ‘Promoting Human Dignity in the Fight Against Corruption’, attracted government officials, civil society leaders, media representatives and development partners.

In his address, Chembezi said the bureau had intensified surveillance in key public institutions.

He said the bureau had already enhanced monitoring at Farm Inputs Subsidy Programme (Fisp) distribution points, where corruption risks have historically been high.

The goal, he said, was to safeguard the dignity and welfare of Malawians who rely on essential public services.

Chembezi further revealed that the ACB was in the process of establishing a dedicated Intelligence and Surveillance Unit, which is being developed with technical support from GIZ.

The unit, he said, would anchor long-term monitoring efforts and ensure that sophisticated corruption schemes were detected early.

“The surveillance operations are here to stay,” he told the gathering.

However, Chembezi stressed that surveillance alone was not enough without the legal authority to act decisively.

He appealed to Justice Minister Charles Mhango to champion amendments to the Corrupt Practices Act so that the revised laws would empower the bureau to arrest suspects without a warrant whenever circumstances demand immediate action.

“For these surveillance operations to be effective, we request a review of the Corrupt Practices Act,” he said.

On his part, Mhango said the Democratic Progressive Party administration had, through its manifesto, adopted a zero tolerance policy on corruption, with commitments to guarantee the independence and integrity of the ACB as well as to strengthen its institutional, financial and technical capacity.

This commitment to fight corruption, Mhango said, had been emphasised by President Peter Mutharika, who has warned against the plunder of public funds, including among Cabinet ministers.

According to Mhango, in line with the President’s commitment, his ministry would continue to champion anti-corruption reforms, focusing on strengthening the independence and capacity of the ACB to effectively combat corruption through innovative approaches.

“I would, therefore, like to assure the leadership and staff of the bureau that my ministry will provide the necessary support to ensure its smooth operations.

“However, as we work together, I encourage all bureau officers to maintain the highest standards of professionalism and commitment. It is essential that you, as officers of the bureau, remain professional, independent and apolitical in the discharge of your duties,” Mhango said.

In her remarks, Ansah said corruption was a destructive force that erodes institutions, undermines democracy and robs citizens of their resources, opportunities and dignity.

She added that corruption “steals our future, fractures our unity, and betrays the aspirations of our people”.

“We, as government, are determined to change this narrative by undertaking various anti-corruption reforms in line with the government’s zero tolerance policy on corruption,” Ansah said.

She said the government was aware of the challenges that had beset ACB in the past five years.

These challenges, Ansah said, included deliberate attempts to undermine the bureau and its leadership; poor funding, which has negatively affected its operations; and lack of deliberate efforts to build enough capacity in the bureau to enable it to develop innovative ways of fighting corruption.

“In line with the government’s policy on combating corruption, this administration will continue to support the ACB and its leadership—both technically and financially—to ensure that the institution remains strong, effective, and fully empowered in the fight against corruption.

“The culture of undermining the bureau and its independence must come to an end. I, therefore, request the Honourable Minister of Justice to ensure that we assist the ACB in whatever way possible in order to make it effective in the fight against corruption in this country,” Ansah said.

Meanwhile, some civil society organisations (CSOs) have described the fight against corruption as less convincing.

In a joint statement, National Advocacy Platform (Nap) and Centre for Social Accountability and Transparency (CSAT) have called for urgent, decisive action to dismantle corruption networks they say are weakening Malawi’s governance systems, economy and public trust.

“Corruption remains one of the greatest threats to Malawi’s development. It diverts public resources, cripples service delivery, entrenches inequality and erodes confidence in democratic institutions. Malawi cannot move forward while corruption holds it back,” the statement, signed by Nap Chairperson Benedicto Kondowe and CSAT Executive Director Willy Kambwandira, reads.

The organisations say Malawi needs action and not promises.

They have also called for the resuscitation of stale cases through non-selective prosecution.

“Reviving old files must be matched with credible investigations, timely prosecutions, and full cooperation from law enforcement and the courts. No individual or institution should be sacred to escape accountability and justice,” the CSOs say.