Govt pressed over ‘failed’ ACB acting director

Government is facing a blistering challenge over its decision to keep an acting boss at the helm of Malawi’s anti-corruption watchdog, with Citizen Alliance questioning whether the country’s top accountability institution can command public trust under such an arrangement.

The organization has now put Government on the spot over a leadership decision it says exposes a troubling contradiction at the heart of Malawi’s fight against corruption.

Through a press statement, Citizen Alliance Executive Director Baxton Nkhoma is demanding answers.

The organization says the latest recruitment process for a substantive Director of the Anti-Corruption Bureau (ACB) failed to produce a candidate who met the required threshold, including the current Acting Director.

Nkhoma says this creates a fundamental question for Government: why should someone who was not considered suitable for the substantive position continue leading the same institution in an acting capacity?

Nkhoma: we demand accountability

“If the recruitment process found that the current Acting Director did not meet the threshold for the substantive position, on what basis is he considered suitable to continue leading the same institution in an acting capacity?” Nkhoma said.

Citizen Alliance says its concerns are not a personal attack on the Acting Director, but a matter of institutional governance, credibility and public confidence.

The organization acknowledges that Government has indicated that the continued acting appointment is permissible under the existing legal framework.

However, it argues that legality alone cannot be the measure of whether the arrangement is appropriate.

According to Citizen Alliance, the ACB needs leadership that commands not only legal authority but also professional credibility, institutional confidence and public trust.

The organization says an appointment can be legally permissible while still raising serious questions about the effectiveness and credibility of an institution.

Citizen Alliance is also concerned that what was supposed to be a temporary acting arrangement has continued for an extended period.

It says acting appointments may be necessary to maintain institutional continuity, but should not become a substitute for substantive leadership, particularly at an institution responsible for fighting corruption.

The organisation is therefore demanding a fresh recruitment process for the substantive ACB Director.

It wants the process to be transparent, merit-based and sufficiently independent, with clearly defined criteria covering competence, integrity, experience and leadership.

Citizen Alliance is also challenging Government to explain what went wrong in the latest recruitment exercise.

Among the questions it wants answered are whether the recruitment criteria were appropriate for the position, whether the assessment process was sufficiently robust and competitive, and what measures will be taken to ensure the next process produces a suitable candidate.

The organisation is further demanding a clear and reasonable timeframe for appointing a substantive Director.

Nkhoma says prolonged acting leadership could affect public confidence, institutional morale and perceptions of the ACB’s independence.

He stresses that the controversy is bigger than the individual currently occupying the acting position.

“If a candidate participates in a formal competitive process for the substantive leadership of an institution and is not selected, Government should be able to provide a clear and convincing institutional rationale for why that person should nevertheless continue exercising the leadership responsibilities of the same institution in an acting capacity,” Nkhoma said.

Citizen Alliance has called on Government to ensure that the acting arrangement does not become a permanent feature of the ACB’s leadership.

It has also urged authorities to protect the institution’s independence, effectiveness and credibility while the recruitment process is being resolved.

The organization says Malawi cannot afford uncertainty at the top of its principal anti-corruption institution at a time when citizens are demanding stronger accountability and responsible management of public resources.

Nkhoma has therefore urged the President, Ministry of Justice and Constitutional Affairs, Parliament and all institutions involved in the appointment process to treat the matter with urgency.

“The fight against corruption cannot afford leadership uncertainty,” he said.