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Youth and Society (YAS) – a human rights and governance watchdog – wrote to the Attorney General (DPP) expressing its concerns The Malawi Police Service has made a decision to launch a criminal investigation into officials suspected of involvement in the 2022 K750 million AIP fertilizer procurement deal with Barkaat Foods Limited of the United Kingdom, but reservations remain on the decision.
Recently, national police spokesman Peter Kalaya told reporters that the investigation was conducted based on the instructions of the DPP’s office.
But Charles Kajoloweka, Executive Director of YAS, believes that given the gravity of the matter, it is important to spell out why we believe the decision is wrong and could undermine justice and accountability in Malawi.
In a letter to the DPP, Kacholoveka said it must be acknowledged that the Anti-Corruption Bureau (ACB) had conducted a thorough and exhaustive investigation into the matter.
“Their findings clearly implicated former Agriculture Minister Lobin Lowe and his deputy Madalitso Kambauwa-Wirima, leading to their removal from office by President Lazarus Chakwera in October 2022. The ACB’s investigation was thorough, transparent and conclusive, and its proceedings were open to the public and Parliament. Our position is clear: the Malawi Police Service, at the direction of the DPP, in launching a new investigation appears to be a deliberate attempt to pervert justice and undermine the accountability process already initiated by the ACB,” he said.
Kacholoweka further said the new investigation undermines the work of the ACB, a competent body tasked with investigating corruption-related matters in Malawi.
He said that by launching a parallel investigation, the DPP had effectively disregarded the thorough and professional work that had been carried out by the ACB.
“Not only does this damage the credibility of the Anti-Corruption Commission, it also sets a dangerous precedent that could erode public trust in our anti-corruption agencies. The new investigation also raises concerns about the Anti-Corruption Commission.Questionable motives. “The timing and rationale for this new investigation is highly suspicious. What exactly did the DPP want to achieve by ignoring the ACB’s conclusive findings? If there were any doubts or further investigation was required, why was it not sufficient to consult the ACB directly? This raises legitimate questions as to whether this new investigation is a conspiracy to shield the former Minister of Agriculture and other officials implicated in the case from legal sanctions,” the letter reads.
Kajoloweka said the new survey isNecessary economic burden, considered this to be Duplicate investigations result in inefficiency and unnecessary financial burden on the public.
He said resources used to re-examine cases that have already been reviewed by competent bodies could be better used elsewhere, especially in countries with limited resources and great needs.
“Public confidence in the judiciary: The public deserves transparency, justice and accountability. The decision to launch a new investigation, despite the APC’s solid findings, risks undermining public confidence in our justice system. The perception that influential individuals can evade accountability by obfuscating the process undermines the integrity of our institutions. We urge your office to reconsider this course of action and place trust in the thorough investigation that the APC has already conducted. The APC’s findings are unequivocal, and any attempt to undermine or disregard them is an affront to the principles of justice and accountability that we strive to uphold in this country,” he said.
Kajoloweka has since suggested that the police shouldRelax new investigation and consult ACB If you have any specific concerns or other questions, please contact ACB directly to resolve them rather than initiating a separate investigation.
“youphold responsibility: “Ensure that those implicated in the ACB’s findings, including the former Secretary of Agriculture and his deputy, are held accountable without further delay or unnecessary obfuscation. This is not just a matter of due process, but a critical step in ensuring that justice is served and maintaining public trust in our institutions. The public deserves to see that our leaders and officials are held accountable and that justice is not manipulated or delayed,” he concluded.
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