The Anti-Corruption Bureau (ACB) has expressed regret over the discharge of a case in which two Malawi Housing Corporation (MHC) top bosses were accused of abuse of public office and non-disclosure of interest by a public officer.
The two, former General Manager Golden Matiya and Deputy Floyd Mondiwa, were arrested in 2011 and later discharged on February 2, 2016.
During a court hearing early this month, Former ACB prosecutor, David Bandawe, accused ACB Director Lucas Kondowe, of ‘influencing’ the second dismissal of the case in question during a court hearing early this month.
“The Director General of the Anti-Corruption was reviewing the Malawi Housing case among others after assuming office in order for him to understand and appreciate what they were about and map [the] way forward.
“However, this does not mean that the Bureau does not have interest to prosecute the cases,” ACB Senior Public Relations Officer, Egrita Ndala said.
She said ACB will review the case of the discharged suspects and map the way forward.
Ndala also said the law provides for an allowance of 12 months within which the State can recommence a case where the suspects have been discharged.
“At this point, the Bureau has not yet determined the date when the case can be recommenced and who its prosecutor may be. The Bureau regrets the fact that the suspects in this case have been discharged twice.
“It is not the practice of the Bureau to abuse the court. The Bureau as an institution abides by the Laws of the land. It is unfortunate that sometimes circumstances beyond its control make it look otherwise. If the case is recommenced, the Bureau will do everything within its powers to ensure that the case progresses as is required by law,” said Ndala in an email response.
Early this month Chief Resident Magistrate, Thomson Ligowe discharged the case after the state showed no interest in prosecuting the case.
Despite that the process is within the Bureau’s mandate, one of the defense lawyers, Chancy Gondwe, said ACB’ interest to recommence the case implies that the prosecution is malicious.
“It remains to people to make judgments if the prosecution is a genuine prosecution because the case has twice been discharged by the same court. Let them go ahead and prove their case if at all they have a case against [our clients],” Gondwe explained.
He further described ACB actions as a classic case of abusing the judicial machinery.
Gondwe added: “That is why the magistrate said if there was a way of barring them from resuscitating those cases, by now they could have been barred from resuscitating cases where suspects were discharged.”
Matiya and Mondiwa were arrested in 2011 following revelations that MHC lost about K105 million by selling 22 houses at highly discounted prices that were said to be less than half of the market value at that time.
Several Cabinet ministers under former president Bingu wa Mutharika, including his brother (now President) Peter Mutharika, some Democratic Progressive Party (DPP) loyalists and senior government officials at that time, are reported to have benefited from the dubious sale of the houses.
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