this is why malawi will never advance.

Muluzi’s K1.4b case: Absence of Laundering Act concerns ACB


by Bright Sonani, 19 January 2006 - 05:32:17

Anti-Corruption Bureau (ACB) has said the absence of the Money Laundering Act in Malawi’s laws would have an effect on the prosecution of former head of state Bakili Muluzi in the K1.4 billion’s case he is alleged to have received from donor countries and other sources and deposited into his personal account.
But the Law Society has said although the Money Laundering Act was one of the gaps in the laws of the country, it has nothing to do with the ACB investigations since the bureau has its own mandate within the laws.
ACB Public Relations Officer Egrita Ndala in a written response to a questionnaire on the case said although there were laws in Malawi to deal with corruption, the Money Laundering Act would have been handy in the case.
“The bureau will on analysing the totality of the evidence gathered, establish whether there is a case against Muluzi in accordance with the Corrupt Practices Act and other Laws existing in Malawi. However, the money laundering (Act) would be helpful in such cases if it was in place,” said Ndala.
The bureau announced early this month that it would decide on whether Muluzi has a case on January 10 after a computer expert analyses data in computers ACB seized from Muluzi.
The delay in coming up with a decision has raised doubts with analysts saying that it would be difficult for the ACB to pin a case against the former head of state who is also chairman of the United Democratic Front (UDF).
ACB Director Gustave Kaliwo said last week the United Kingdom expert started the analysis the same January 10 and that he would be through by the end of last week.
But Ndala said the bureau is still yet to come up with a decision.
“Analysis of the computer data is still going on. The findings are yet to be announced as the process is still going on at the moment,” said Ndala.
She could not say when the bureau would be through with the analysis.
A legal expert however said by mentioning the Money Laundering Act, the ACB was just trying to find excuses if in the end they would not come up with a case against Muluzi.
“These people have all the legal powers to probe into any account they would want to and they do not need the Money Laundering Act to work on the case effectively,” said the expert who did not want to be named.
Law Society President Alick Msowoya also agreed with the expert saying with the Corrupt Practices Act and other laws the ACB can, within its mandate effectively handle the case.
He said the Money Laundering Act would only be helpful if there are other elements in the case which are not related to corruption. He said such elements, however, would also not be within the mandate of ACB.
“If anything the limitation is in the mandate given to the ACB to investigate corrupt practices. If they are making the statement for the whole investigations machinery, then yes I agree but if they are making the statement as a bureau then I would not agree,” said Msowoya.
He said he would agree that there was a gap to be filled by the yet to be enacted Money Laundering Act.
Msowoya added the new Act would not be connected to the bureau but the other law enforcement machinery such as the Police and their Fiscal Department.
The Money Laundering Act has been a bone of contention after MPs referred a bill proposing its enactment to the Legal Affairs Committee of Parliament saying it was too technical and had a lot of jargons which they could not understand.
Minister of Justice Henry Phoya and chair of the committee Atupele Muluzi could not be reached on Wednesday to comment on whether the bill would be coming during the next sitting of Parliament.
The bureau raided Muluzi’s three residences in Blantyre, Lilongwe and Kapoloma in Machinga after he obtained a court injunction stopping his appearance at the ACB offices where he was required to answer questions and produce documents related to transactions he had with his benefactors.
The items confiscated included computers, bank cheques, bank statements, bank instructions and letters. The items are in the custody of the Lilongwe Magistrate Court.
The countries Muluzi is alleged to have benefited from include Taiwan, Libya, Morocco as well as several local and foreign organisations.
Libya recently admitted to have been assisting the UDF through the friendship between Muluzi and the Libyan leader Muammdar Gadaffi.


 











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