I n d e pe n de n c e ( Pr a ct i ce ) Score: 50
To what extent is the ACB independent in practice?
The former Director of the Bureau stated that ACB is independent though funding issues have eroded its independence.679 Just like most government agencies, he lamented that the Bureau is at the mercy of the government for funding and this may affect the execution of its mandate since government can easily frustrate the operation of the Bureau by limiting funding. 680 As earlier illustrated, the CPA allows the Director to promulgate Standing Orders for the operational guidelines of the Bureau subject to the approval of the Minister. 681 The former Director lamented that the approvals for the Standing Orders so far promulgated have been cumbersome leaving the Bureau exposed to government interference.682
There have been concerns that although the Bureau has made strides in prosecuting corruption, its efforts have been limited to low level government officials leaving out top level government officials and those with political connections. 683 Global Integrity also noted with concern that the Bureau is not adequately protected from political interference. 684 The former Director of the Bureau challenged these concerns indicating that the Bureau has investigated and prosecuted top government officials including the former President, Cabinet Ministers, Principal Secretaries, among others. He explained that in most of these cases the investigations start whilst the person is in power and are only concluded after the person has left office or has been moved. 685
Nevertheless, the former Director of the Bureau admitted that there is some political influence on the Bureau especially during the appointment and removal of the Director/Deputy Director. 686 He stated that his removal which he is challenging in court is an example of such political interference.687 Attempts by the government to fill the Deputy Director’s position were rebuffed by
679
Alex Nampota, Interview with the author, 27th September, 2012
680
Ibid
681
CPA, section 18
682
Alex Nampota, Interview with the author, 27th September, 2012
683
US Department of State, 2010 Human Rights Report; Malawi, available; http://www.state.gov/j/drl/rls/ hrrpt/2010/af/154356.htm
684 685
Global Integrity, Scorecard 2011; Malawi 2011, available;http://www.globalintegrity.org/report/Malawi/2011/ scorecard Alex Nampota, Interview with the author, 27th September 2012. Also refer to Role indicators for specific examples.
686
Ibid
687
Capital Radio FM, Court case halts appointment of new ACB director’, 21st September, 2012, available; http:// www.capitalradiomalawi.com/index.php/news-flash/826-court-case-halts-appointment-of-new-acb-director’ See also; Nyasa Times, 'PAC throws a spanner in the appointment of new Malawi anti-graft body boss’ 11th October, 2012, available; http://www.nyasatimes.com/malawi/tag/anti-corruption-bureau/
164
Malawi National Integrity System Analysis