MALAWI S CASHGATE SCANDAL: PROGRESS AND LESSONS. Pacharo Kayira, Chief State Advocate, Ministry of Justice, MALAWI
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1 MALAWI S CASHGATE SCANDAL: PROGRESS AND LESSONS Pacharo Kayira, Chief State Advocate, Ministry of Justice, MALAWI
2 SCOPE OF PRESENTATION THIS PRESENTATION DISCUSSES MALAWI S RESPONSE TO THE COUNTRY S BIGGEST PUBLIC FINANCE SCANDAL WHICH HAS COME TO BE CALLED CASHGATE TODATE OVER 50 BILLION KWACHA (ABOUT 1.2 BILLION RANDS) IS SAID TO HAVE BEEN STOLEN THE THEFT OCCURRED IN KEY MINISTRIES SUCH AS OFFICE OF PRESIDENT, DEFENCE, TOURISM AND LANDS
3 FOUR KEY PLAYERS JOYCE BANDA-FORMER PRESIDENT PAUL MPHWIYO- BUDGET DIRECTOR 2012 RALPH KASAMBARA- FORMER MINISTER OF JUSTICE OSWALD LUTEPO- A KEY CADRE IN PRESIDENT BANDA S POLITICAL PARTY
4 TIMELINE 7TH SEPTEMBER AN ACCOUNTS ASSISTANT IN GOVT MINISTRY FOUND IN POSSESSION OF OVER 120 MILLION KWACHA ( ABOUT 3MILLION RANDS) WAY..WAY ABOVE HIS EXPECTED INCOME 13 TH SEPTEMBER THE BUDGET DIRECTOR IN THE MINISTRY OF FINANCE IS SHOT AND WOUNDED 14 TH SEPTEMBER PRESIDENT JOYCE BANDA TELLS A PUBLIC MEETING THAT SHE KNOWS WHO SHOT THE BUDGET DIRECTOR AS HE WAS ABOUT TO BUST A CORRUPTION SYNDICATE
5 TIMELINE OCTOBER 2013-SEVERAL ARRESTS WERE MADE, MAINLY OF CIVIL SERVANTS AND BUSINESS PEOPLE OCTOBER 2013-THE PRESIDENT DISMISSED HER FINANCE MINISTER AND THE MINISTER OF JUSTICE, THE LATTER BEING LINKED TO THE SHOOTING OF THE BUDGET DIRECTOR NOVEMBER FORMER JUSTICE MINISTER ARRESTED NOVEMBER ARREST OF A TOP OFFICIAL OF PRESIDENT BANDA S PARTY NOVEMBER MALAWI S TRADITIONAL DONORS WHO CONTRIBUTE 40 PERCENT OF THE COUNTRY S NATIONAL BUDGET FROZE THEIR SUPPORT
6 TIMELINE FEBRUARY LINK BETWEEN SOME OF THE SUSPECTS TO FUNDING PRESIDENT BANDA S ELECTION CAMPAIGN MAY 2014-PRESIDENT JOYCE BANDA LOST PRESIDENTIAL ELECTIONS AND IT IS GENERALLY BELIEVED THAT CASHGATE PLAYED A SIGNIFICANT ROLE IN HER LOSS AUGUST FIRST CONVICTION OF A CASHGATE SUSPECT AFTER A PLEA OF GUILT TODATE SIX PERSONS HAVE BEEN CONVICTED WITH A FORMER ASSOCIATE OF PRESIDENT BANDA TOPPING THE LIST THE CONVICTIONS ARE ON MONEY LAUNDERING AND THEFT CHARGES
7 ANALYSIS OF GOVT RESPONSE AND LESSONS LEARNT WITH AN ELECTION LOOMING, THE GOVT INITIAL RESPONSE TO THE SCANDAL WAS MORE OF A DAMAGE LIMITATION EXERCISE IN LESS THAN 24 HOURS OF THE BUDGET DIRECTOR SHOOTING THE PRESIDENT CLAIMED THAT SHE KNEW THE SHOOTERS.DIVERSION TACTIC?? A TASK FORCE CHAIRED BY OFFICE OF PRESIDENT AND CABINET WITH MEMBERSHIP FROM FINANCE, MINISTRY OF JUSTICE, POLICE, FINANCIAL INTELLIGENCE UNIT, ANTI CORRUPTION BUREAU, AND TRADITIONAL DONORS SUCH AS IMF, DFID ETC WAS SET UP TO SPEARHEAD GOVT RESPONSE TO THE SCANDAL MORE OF PR THAN SUBSTANCE??
8 ANALYSIS OF GOVT RESPONSE AND LESSONS LEARNT A TASK FORCE WITHIN MALAWI POLICE WAS ESTABLISHED TO COORDINATE INVESTIGATIONS A WAY TO MANAGE THE INVESTIGATIONS?? THE MAJOR SUCCESS WAS THE ENACTMENT OF ASSET DECLARATION LAW BY PUBLIC OFFICERS IN NOVEMBER IT TOOK ALMOST ANOTHER YEAR FOR THE LAW TO BE IMPLEMENTED WE SUBMIT THEREFORE THAT THE JOYCE BANDA ADMINSTRATION DID NOT GENUINELY ATTEMPT TO GET TO THE BOTTOM OF THE CASHGATE SCANDAL
9 ANALYSIS OF GOVT RESPONSE AND LESSONS LEARNT THE MUTHARIKA ADMINISTRATION TOOK OFFICE IN MAY 2015 WITH AN IMMEDIATE OPPORTUNITY TO ZELOUSLY PURSUE THE CASHGATE THERE HAS BEEN SOME PROGRESS IN PROSECUTION OF CASHGATE CASES SINCE MAY 2014, WITH SIX CONVICTIONS ALTHOUGH TWO MAJOR ONES WERE AS A RESULT OF GUILTY PLEAS THERE HAS BEEN AN ADDED INCENTIVE OF DEALING WITH AN ISSUE SEEN AS JOYCE BANDA S BABY HOWEVER THERE IS NO INDICATION REALLY THAT THIS ADMINISTRATION IS EAGER TO GET TO THE BOTTOM OF THE SCANDAL, AS ITS ORIGINS DATE BACK TO THE ELDER MUTHARIKA GOVT WAY BACK IN 2010-SKELETONS ABOUND
10 ANALYSIS OF GOVT RESPONSE AND LESSONS LEARNT BALANCE BETWEEN POLITICAL LEADERSHIP AND POLITICAL INTERFERANCE ILLUSION OF INDEPENDENCE OF CRIMINAL JUSTICE ORGANS UNCONFRONTED GHOSTS OF CORRUPTION CASES SINCE PRESIDENT MULUZI CASE 2006, PRESIDENT MUTHARIKA WEALTH 2012, 92 BILLION KWACHA AUDIT 2011 NEED FOR THREE PRONGED REFORM- ADMINSTRATIVE, INSTITUTIONAL, LEGAL IS THERE REALLY THE WILL TO GET TO THE BOTTOM OF THE CASHGATE OCTOPUS?
11 ZIKOMO
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