Mutharika’s corruption pledge faces test; ACB still bossless

Malawi’s fight against corruption is heading for another test, with the country’s chief anti-graft agency still operating without a permanent leader despite repeated presidential promises to root out the vice.

The leadership vacuum dates back to May 31, 2024, when Martha Chizuma’s contract as ACB Director General expired. Her departure followed a turbulent tenure marked by high-profile investigations, a leaked telephone conversation, a police arrest and a controversial interdiction that was later declared illegal by the High Court.

Since then, the bureau has operated under acting leadership, with successive recruitment attempts failing to produce a substantive director. The prolonged uncertainty has also raised questions about the stability and independence of an institution expected to investigate corruption, including cases involving powerful individuals.

Now, the Ministry of Justice and Constitutional Affairs has started another recruitment exercise, interviewing seven shortlisted candidates for the position. Justice Minister Charles Mhango confirmed the interviews but declined to disclose the candidates’ names, saying this would compromise their privacy. He also gave no indication of when the appointment would be made.

The latest interviews follow an unsuccessful exercise in April this year. In August, the ministry advertised the position again, making it the third advertisement in two years.

Chembezi’s controversial stay

Gabriel Chembezi has been running the bureau as acting director general since November last year. President Peter Mutharika’s administration appointed him after removing Hilary Chilomba, a former deputy director general who had been placed in the position by the Malawi Congress Party administration following Chizuma’s departure.

Chembezi: Acting ACB Director General

Although Chembezi’s appointment was meant to be temporary, Attorney General Frank Mbeta defended extending his contract to November 2026, arguing that the law allows such arrangements to prevent a leadership vacuum.

Chembezi also participated in the April recruitment interviews, which ended without an appointment. His 12-month acting term expired on November 3, but Mhango has directed him to remain in office until a substantive director is appointed.

However, his continued stay has attracted scrutiny over his alleged involvement in the Amaryllis Hotel deal. In March, Malawi24 reported that Chembezi attended a meeting on November 17 where officials discussed the proposed purchase of the hotel, a transaction now under investigation.

In April, Public Accounts Committee chairperson Steven Baba Malondera Kamsiyamo reported Chembezi to the police and the Attorney General over alleged attempts to influence the committee’s investigation. Kamsiyamo alleged that Chembezi sought his support for permanent appointment and asked to be cleared in the hotel inquiry.

The allegations raised questions about Chembezi’s continued leadership of the institution responsible for investigating corruption.

Chizuma’s turbulent exit

Chizuma was appointed ACB Director General in April 2021 and attracted public attention for pursuing high-profile investigations, including the probe into businessperson Zuneth Sattar’s government contracts.

However, her tenure became increasingly controversial after a recording of a private telephone conversation leaked onto social media in January 2022.

Chizuma: was arrested

In the recording, Chizuma discussed the Sattar investigation, complained about losing President Lazarus Chakwera’s support and alleged that a judge handling an ACB case had been bribed.

Chakwera responded in a televised address on January 24, 2022, saying he had been advised that her conduct warranted removal. He nevertheless opted to keep a “watchful eye” on her. State House had initially sent the media an earlier version of the speech announcing her suspension. Chizuma subsequently went on leave.

The Episcopal Conference of Malawi’s Catholic bishops defended her that month, praising the bureau’s work and urging the government to protect its leadership and staff from interference that could derail investigations.

The confrontation escalated on December 6, 2022, when police arrested Chizuma at her Lilongwe home at around 4am before taking her to Namitete Police Station, about 48 kilometres outside the capital.

The arrest followed a complaint by then Director of Public Prosecutions Steven Kayuni, who had been mentioned in the leaked recording and argued that her remarks amounted to criminal libel. It came days after the ACB arrested then Vice-President Saulos Chilima in connection with the Sattar investigation.

The arrest also raised questions about accountability within government. Although the police fall under the Ministry of Homeland Security, which is part of the executive, authorities maintained that Chakwera had not been informed about the operation.

A commission of inquiry led by retired Justice Edward Twea later examined the circumstances surrounding the arrest. It found that the ACB had begun investigating Kayuni over K5.5 million in travel allowances for a trip to Austria that never took place. Kayuni repaid the money five days before Chizuma’s arrest.

The commission also recommended action against Chizuma over the leaked recording. Meanwhile, the Catholic bishops questioned who had ordered her arrest if the President had no prior knowledge of it.

In 2023, then Secretary to the President and Cabinet Colleen Zamba interdicted Chizuma, but the High Court later declared the decision illegal.

By the time her contract expired in May 2024, Chizuma had been publicly rebuked by the President, arrested by police and interdicted by the head of the civil service. She declined to seek another contract, with many observers viewing her departure as a constructive dismissal.

Political analyst Wonderful Mkhutche said at the time that the hostile working environment had undermined Chizuma’s good intentions and that her arrest had derailed her work. She was later appointed an anti-corruption adviser at the World Bank.

President holds the final say

Under Section 5(1) of the Corrupt Practices Act, the names of the three successful candidates are submitted to the President, who makes the appointment.

The appointment must subsequently receive confirmation from Parliament’s Public Appointments Committee.

The latest recruitment exercise therefore puts the spotlight back on Mutharika’s administration, with the country waiting to see whether the process will finally deliver a substantive leader for the institution expected to spearhead its anti-corruption fight.

President Peter Mutharika has repeatedly expressed his commitment to fighting corruption, promising to promote accountability, strengthen public institutions and ensure that those involved in corrupt practices are held responsible.

However, his administration has recently faced questions over its commitment to accountability after challenging Speaker of Parliament Sameer Suleman’s move to establish 12 joint parliamentary committees to investigate alleged corruption and governance failures in public institutions.

The proposed investigations covered NOCMA, ESCOM, EGENCO, Petroleum Importers Limited, Blantyre Water Board and the Immigration Department, among other issues, including fuel transportation, pension administration and the stalled Salima-Lilongwe Water Project.

Senior Government officials including Chief Secretary Justin Saidi and Government Spokesperson Shadric Namalomba questioned the Speaker’s authority to establish the committees, while the High Court subsequently restrained Parliament from proceeding with them pending determination of a legal challenge.