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MDF deal: ACB still probing DPP boss

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The Anti-Corruption Bureau (ACB) is still investigating the matter in which Democratic Progressive Party national organising secretary, Richard Makondi, and businessman, Mohammed Kasaam, are suspected of corruption.

Makondi and Kasaam were being probed by ACB for their respective roles in supplying 35 vehicles and other accessories worth K895 million to the Malawi Defence Force (MDF).

Makondi applied for leave of judicial review of the case, arguing that the ACB had not taken any action against him after the bureau cautioned him on the matter months ago.

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Lawyer representing the bureau, Kamudoni Nyasulu, said the Director of Public Prosecutions (DPP, Mary Kachale) has not made the decision to prosecute him yet because the bureau has not submitted findings of its investigations to her.

Kamudoni said the suspect [Makondi] had applied that the Director of ACB had made a decision to prosecute him with sufficient evidence

“Now the defence to that application is that, at this point, the court does not review evidence; it only looks at a decision that has been made by the authority and, in our country, the authority to make that decision is the Director of Public Prosecutions,” Nyasulu said

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He said the DPP has not made any decision to prosecute “because she can only make that decision after the ACB has submitted its investigations to her. Therefore, there was no decision to prosecute”.

Makondi’s lawyer, Chancy Gondwe, said his client wants relief on the matter because the ACB is not taking any action on him.

“The key submissions are that they cautioned him a long time ago and there has been an unreasonable delay from the time he was cautioned. They are failing to take steps in this matter. There is nothing that is preventing them from taking action on Makondi; so, our decision is that there should be a judicial review on the conduct of the Director of the ACB in relation to the case of Makondi,” Gondwe said.

Judge Healey Potani is expected to make a ruling on the matter on May 4.

ACB cautioned Makondi in January last year on allegations of abuse of office when he was working as National Sales Manager at Toyota Malawi.

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