By Wezzie Gausi:
The Anti-Corruption Bureau (ACB) has denied Youth and Society (Yas) access to information regarding the restitution agreement with, and closure of investigations against State House Chief of Staff, Prince Kapondamgaga.
Yas is seeking the information following a press statement that ACB issued, in which it was stated that prosecutorial discretion had been exercised not to lay criminal charges on Kapondamgaga over investigations of alleged corruption that the graft-busting body was conducting against him.
In a letter dated July 31 2023, signed by Yas Executive Director Charles Kajoloweka, the non-State actor demanded that ACB should give out information regarding the full extent of Kapondamgaga’s restitution, with details of the property and amounts paid back and to whom.
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Yas also wanted to understand the law under which the restitution agreement with Kapondamgaga was entered into and the distinguishing factor between Kapondamgaga and other persons who are in similar circumstances and are under ACB investigations or being prosecuted.
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“We also want ACB to provide information regarding the scheme of discontinuation of investigations you employed outside the provided Section 10(2) of the Corrupt Practices Act,” the letter reads.
In response, ACB, in a letter dated August 28 2023 and signed by Information Officer Grace Banda, said Kapondamgaga voluntarily gave back a Mercedes Benz S-Class 350D and agreed to pay back, by September 30 2023, the sum of K70. 150 million received from businessperson Zuneth Sattar.
The letter said the money was going to be directly deposited in the Confiscation Fund, which is under the Financial Intelligence Authority (FIA).
“The bureau used the prosecutorial discretion not to pursue the matter further. It also borrowed principles articulated in the Director of Public Prosecutions guidelines on plea discussions,” the letter reads.
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Following this response, Yas, on November 3 2023, wrote another letter to ACB asking if Kapondamgaga had paid the money by September 30 as alluded to.
Yas also requested to be furnished with a copy of the restitution agreement that ACB had with Kapondamgaga.
In response to the second letter, ACB refused to grant the information that Yas was looking for regarding Kapondamgaga.
In a letter responding to whether the money was paid back, ACB declined to give out information.
It cited Section 5(1) and 36 of the Access to Information Act as giving it the options to deny such requests.
Section 5(1) provides that: “A person shall have the right to access information, in so far as that information is required for the exercise of his rights, which is in the custody of, or under the control of, a public body or a relevant private body to which this Act applies, in an expeditious and inexpensive manner.”
Responding to a request to be furnished with a copy of the restitution agreement that the bureau signed with Kapondamgaga, ACB also denied the request.
“The request has been denied according to Section 5(1) and 36 of the Access to Information Act.
“The bureau is not clear on whose rights the agreement will be exercising as per Section 5 (1) of ATIA. Furthermore, the information may be used to put the bureau into disrepute, like the last time information was sought. The information was put in the media to criticise and condemn the bureau,” the letter reads.
Monday, Kajoloweka said he finds ACB’s response as not only “retrogressive but also a vindication of fears that the whole scheme between the bureau and Kapondamgaga is stinking at law and practice”.
He said the issue of the “dubious” restitution scheme is of public interest and that Malawians deserve to know whether Kapondamgaga has fully restituted a Mercedes S-Class 350d and K70,150,674.00, an advantage the bureau alleges he admitted to have received from Sattar.
“Yas wishes to reiterate that this questionable and covert amnesty reinforces fears of selective justice by law enforcement agencies and poses a risk to public trust and confidence in LEAs in the fight against corruption.
“Furthermore, several individuals accused of accepting or receiving benefits as inducements or favours from Sattar, including the Vice President Saulos Chilima, are facing prosecution in courts. How special is Kapondamgaga?” Kajoloweka said.
“Yas expects the bureau, as a public institution, to exercise its mandate under the Constitution and the Corrupt Practices Act in accordance with this provision. Moreover, the bureau has the duty to voluntarily provide information on matters of public interest,” Kajoloweka added.
Kapondamgaga was suspended on July 21 2022 following an ACB report that implicated him in alleged corrupt dealings with Sattar, who is accused of allegedly bribing government officials to influence the award of public contracts to his firms.
He was suspended alongside former Public Procurement and Disposal of Assets Authority board chairperson John Suzi Banda, who resigned two weeks later.
The report also mentioned names such as those of Chilima, former Inspector General of Police George Kainja and 53 other public officers.
While Kainja was fired, Chakwera withheld Chilima’s delegated powers pending ACB’s investigations.
