The Human Rights Consultative Committee (HRCC) has launched a national campaign calling for a comprehensive review of Malawi’s forfeiture and asset recovery laws.
The initiative, called “Fair Forfeiture, Equal Justice,” seeks to ensure that the recovery of assets linked to criminal activities is effective while also protecting constitutional rights, due process and lawful property.
Addressed the media in Lilongwe on Friday, HRCC Chairperson Robert Mkwezalamba said the initiative does not oppose the forfeiture of assets acquired through crime. Instead, it wants the powers to seize and forfeit property to be exercised fairly, transparently and under proper judicial oversight.
He said their concerns include allegations of selective or inconsistent application of forfeiture powers, prolonged preservation of property, inadequate protection of innocent owners and third parties, difficulties in accessing remedies and limited transparency over forfeited assets.
“We are particularly calling for a review of provisions under the Financial Crimes Act, 2017, including those dealing with preservation orders, notice, forfeiture, third- party interests, appeals and disposal of forfeited property.
“We also want greater public accountability over forfeited assets. The public should be able to know what property was forfeited, its value, how it was disposed of, how much money was realised and where the proceeds went,” he said
HRCC has proposed the establishment of a National Forfeited Assets Register and an annual public Asset Recovery and Forfeiture Report to provide information on recovered and forfeited assets and the proceeds realised.
As part of the campaign, Mkwezalamba said they will engage the Chief Justice, Parliament, the Ministry of Justice and Attorney General, and the Law Commission.
The organisation has written to the Law Commission to undertake an independent and nationally consultative review of Malawi’s forfeiture and asset recovery framework.
“Our goal is not to stop the recovery of criminal assets but to make the system stronger by ensuring fairness, equality, due process, transparency and accountability,” he said
