Youth and Society (Yas) has written the Anti-Corruption Bureau (ACB), asking it to furnish Malawians with information in respect to the restitution agreement and closure of investigations into the issue of State House Chief of State Residences Prince Kapondamgaga.
The ACB exercised discretion not to lay criminal charges against Kapondamgaga, according to a statement which the bureau released on July 7 2023.
The investigations had established that Kapondamgaga was one of the public officers who had received a Mercedes Benz, S Class 350d, and other gifts from businessman Zuneth Sattar, who is alleged to have been involved in corruption in Malawi.
According to the bureau, the vehicle was returned, prompting it to withdraw the matter.
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“Mr. Kapondamgaga voluntarily gave a statement to the bureau and signed a restitution agreement with the bureau. At the moment, he has already surrendered the Mercedes Benz S Class 350d. After a review of the evidence against Mr Kapondamgaga in this case, evaluation of the information he provided in respect of the broader investigations relating to Zuneth Sattar and the restitution agreement he has voluntarily entered with the bureau, a prosecutorial discretion has been exercised not to lay criminal charges against him. Accordingly, the bureau has completed and closed the investigations against him,” the statement reads.
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However, in a letter to the bureau, the CSO is asking for the recommendations the bureau made to the President and the full extent of Kapondamgaga’s restitution, with details of the property and amounts paid back and to who.
“Yas, therefore, requests the following set of information: The law under which the restitution agreement with Mr. Kapondamgaga was entered into and the distinguishing factor between Mr. Kapondamgaga and other persons under your investigations and prosecution but in seemingly similar circumstances. Information regarding the scheme of discontinuation of investigations you employed outside the provided Section 10 (2) of the Corrupt Practices Act,” the letter, which Yas Executive Director Charles Kajoloweka has signed, reads.
Further, Yas thinks the Corrupt Practices Act does not provide for any would exercise ‘prosecutorial discretion’ to drop charges against a person who is the subject of an investigation. provision under which the bureau
Private practice lawyer Jivason Kadzipatike agreed with Yas, adding that if Parliament gave ACB such powers, without any criteria for selection of beneficiaries of such restitution arrangements, it would lead to abuse of power by the ACB.
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“I have read and re-read that part of the CPA but I have not seen any provision for ACB to enter into restitution arrangements with accused persons and close their cases. If Parliament had intended that ACB should have such vast powers, it could have clearly provided not only such powers under that part of the CPA but also the criteria for selecting beneficiaries of such restitution arrangements. The ACB itself, in its statement on Kapondamgaga, has not cited any legal provision under which the restitution arrangement was being made, simply because there is none,” he said.
When contacted spokesperson for the bureau Egrita Ndala asked for more time to consult on the matte
