Human rights activists have emphasized the need for greater empowerment of citizens in the fight against corruption.
Speaking to The Atlas Malawi, Lucky Mbewe, the executive director of the Center for Youth and Development (CYECE), highlighted existing legal barriers hindering citizen involvement in combating corruption.
Mbewe noted the sluggish progress in anti-corruption efforts, attributing it to insufficient citizen engagement in identifying and reporting corrupt activities.
He criticized the inadequacies of current laws and regulations, particularly in cases involving high-ranking government officials, which often remain unresolved.
Moreover, Mbewe pointed out the discouragement faced by individuals reporting corruption cases, as delays in the judicial process allow many perpetrators to evade accountability.
He underlined the detrimental impact of citizens engaging in activities that perpetuate corruption, emphasizing the collective responsibility in combating this issue through reporting and rejecting corrupt practices.
Sylvester Namiwa, the executive director of the Centre for Democracy and Economic Development Initiatives (CDEDI), highlighted the absence of a whistleblower protection Act and the persistence of presidential immunity within the country’s Constitution as key obstacles.
Namiwa critiqued the perceived biases within the current Anti-Corruption Bureau (ACB), indicating a need for renewed political commitment from the highest levels to address these challenges effectively.
For instance, Namiwa pointed out the arrest of ACB director Martha Chizuma as evidence that corruption retaliates against those trying to combat it.
Chizuma was apprehended around 4 am on December 6, 2022, and transported to Namitete Police Station on the outskirts of Lilongwe.
Her arrest drew criticism from donors and the public, resulting in her release before noon on the same day.
The arrest stemmed from a complaint filed by Director of Public Prosecutions (DPP) Steven Kayuni, who claimed he was harmed by allegations Chizuma made in a leaked audio in January. Kayuni was suspended following her arrest.
“In today’s climate, reporting corruption is extremely perilous. The arrest of the ACB Director serves as a significant setback in the fight against graft. If they can apprehend the very person meant to intimidate the corrupt, who else is safe?
“Advocates have long stressed the need for whistleblower protection mechanisms, to no avail. The issue is clear: those entrusted to combat corruption are too conflicted. Consequently, citizens are discouraged from reporting corruption due to the substantial risks involved.
“The problem lies not only in the laws and policies themselves, but in the individuals implementing them. As the saying goes, the law is only as good as those enforcing it. By appointing predators to safeguard our interests, we forfeit our right to voice grievances or question our legislation.
“The battle against corruption will only be victorious when the nation collectively agrees to eliminate the presidential immunity outlined in section 91, subsections 1 and 2. Otherwise, high-profile cases persist under the president’s tacit approval, with perpetrators relying on presidential immunity for sanctuary. When conscientious citizens voice dissent, they are unfairly branded as subversives, despite their noble intentions,” he remarked.
Political analyst Ernest Thindwa emphasized in the media that all citizens should be subject to the law equally, and the country must be resolute in eradicating corruption.
The National Anti-Corruption Strategy II (NACS II) cites unwillingness by the general public to report corruption for two reasons; one fear of the fact that corruption fights back, secondly, the thinking that it is not the duty of a private citizen to report let alone fight corruption
Speaking in October last year during a media briefing celebrating 25 years of the ACB’s operations since its inception, Chizuma said the Bureue has managed to solicit funding for the development of Whistleblower and Witness Protection Act.
“At at the moment, the special law commission is in the process of developing this law,” she said.
Mbewe emphasized the importance of raising awareness among citizens to ensure they are well-informed about corruption issues, enabling them to actively engage in efforts to prevent corruption in Malawi.
