Legal Minds Differ On ACB Report Sharing
There is a growing debate in the legal fraternity over the legality of the Anti-Corruption Bureau (ACB) Director’s decision to share a report with the speaker of parliament and the Chief Justice.
President Lazarus Chakwera on Tuesday faulted the ACB Director, Martha Chizuma for sharing the report with the other two government arms, the judiciary and the legislature.
Malawi Law Society’s President, Patrick Mpaka told Zodiak online, the ACB Director Martha Chizuma acted within the constitutional mandate as the graft bursting body is free and independent to take all measures that can help to prevent corruption in all public bodies.
Mpaka added by saying that Chizuma’s action is consistent with the fundamental principles of transparency and accountability which the ACB is said to have stated as a basis for its decision to share the report with the other two branches of Government.
“What the ACB is saying, it is moving from the constitutional fundamentals, sustenance of public trust in the processes that it is using to fight corruption, it has a constitutional backing,” said Mpaka.
On the other hand, another law expert, Khumbo Soko has shot down the legality of Chizuma’s decision.
Khumbo Soko said “The law does not envisage a situation where an investigation is shared to the head of the state or indeed to any other organ,the only person who can demand an investigation report would be the DPP. We are invading the process what needs to happen is the ACB should finalize the investigation then they take it to the DPP to consider the granting of consent to prosecute”
The Corruption Buruea acted within the 21 days directive that President Chakwera issued on May 31st 2022.