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2007 Assessment

Malawi: Integrity Indicators Scorecard

Malawi: Integrity Scorecard Report > Sub-Category: Anti-Corruption Agency
Indicators		Score
71	In law, is there an agency (or group of agencies) with a legal mandate to address corruption?	100
72	Is the anti-corruption agency effective?	61
73	Can citizens access the anti-corruption agency?	38

Indicator and sub-Indicator Details

In law, is there an agency (or group of agencies) with a legal mandate to address corruption?

71: In law, is there an agency (or group of agencies) with a legal mandate to address corruption?

Score:

YES

Comments:

References: Anti-Corruption Bureau Corrupt Practices Act

Is the anti-corruption agency effective?

72a: In law, the anti-corruption agency (or agencies) is protected from political interference.

Score:

YES

Comments:

References: Corrupt Practices Act Section 4 (3)

72b: In practice, the anti-corruption agency (or agencies) is protected from political interference.

Score:

100

Comments: The director and deputy director of the ACB are appointed by and report to the president. This sometimes influences the work of the agency.

References: 1)Dickson Kashoti "Bingu Challenges PAC over ACB Rejection" Daily Times, Feb. 6,2007, www.dailytimes.bppmw.com

2)Tambulasi R.I.C. and Kayuni H.M, "Decentralization Opening a New Window for Corruption: An Accountability Assessment of Malawi's Four Years of Democratic Local Governance", Journal of Asian and African Studies Vol. 42, No. 2, April 2007

72c: In practice, the head of the anti-corruption agency (or agencies) is protected from removal without relevant justification.

Score:

100

Comments:

References: 1) Institute for Security Studies Money Laundering Monitor, Issue 4, August 2006 m[ LINK ]

2) Malawi Anti-Graft Chief Suspended BBC, July 28, 2006 [ LINK ]

72d: In practice, appointments to the anti-corruption agency (or agencies) are based on professional criteria.

Score:

100

Comments:

References: 1) George Ntonya "PAC Sabotaging Anti-Corruption Efforts - Bingu" The Nation, Feb. 6, 2007, www.nationmw.net

2) Interview with Richard Tambulasi, lecturer, University of Malawi, Department of Political and Administrative Studies, Sept. 7, 2007, Zomba

72e: In practice, the anti-corruption agency (or agencies) has a professional, full-time staff.

Score:

100

Comments:

References: 1) Hussein M. "Combating Corruption in Malawi, An Assessment of the Enforcing Mechanisms" African Security Review, Vol. 14 No. 4, 2005

2) Tambulasi R and Kayuni H. "Decentralization Opening a New Window for Corruption: An Accountability Assessment of Decentralised Local Governance in Malawi" Journal of Asian and African Studies, Vol. 42 No. 2, 2007

72f: In practice, the anti-corruption agency (or agencies) receives regular funding.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The agency (or agencies) has a predictable source of funding that is fairly consistent from year to year. Political considerations are not a major factor in determining agency funding. <p>50 Score Criteria: The agency (or agencies) has a regular source of funding, but may be pressured by cuts, or threats of cuts to the agency budget. Political considerations have an effect on agency funding. <p>0 Score Criteria: The agency\'s funding sources are unreliable. Funding may be removed arbitrarily or as retaliation for agency actions.$

Comments: Since 2004, funding to the ACB has been predictable, although it has often not been enough to cover the operations of the agency.

References: 1) Maxwell Ng'ambi "Government Doubles Funding to ACB" Weekend Nation, Aug. 11-12, 2007 www.nationmalawi.net

2) Tambulasi R and Kayuni H. "Decentralization Opening A New Window for Corruption: An Accountability Assessment of Decentralized Local Governance in Malawi" Journal of Asian and African Studies, Vol. 42 No. 2, 2007

72g: In practice, the anti-corruption agency (or agencies) makes regular public reports.

Score:

100

Comments:

References: - The Daily Times, Kazembe Kayira, 10 July 2007, Waging war against corruption

- Interview with Richard Tambulasi Lecturer, University of Malawi, Political and Administrative Studies, 7 September 2007, Zomba

72h: In practice, the anti-corruption agency (or agencies) has sufficient powers to carry out its mandate.

Score:

100

Comments:

References: 1) Mike Chapalasa "DPP Legislator Challenges Government" The Daily Times, Aug. 30, 2007 www.dailytimes.bppmw.com

2) Interview with R. Tambulasi, lecturer, Department of Political and Administrative Studies, University of Malawi, Sept. 7, 2007, Zomba

72i: In practice, when necessary, the anti-corruption agency (or agencies) independently initiates investigations.

Score:

100

Comments:

References: 1) Hussein M. "Combating Corruption in Malawi: An Assessment of the Enforcing Mechanisms" African Security Review, Vol 14 No. 4, 2005

2) Interview with R. Tambulasi, lecturer, Department of Political and Administrative Studies, University of Malawi, Sept. 7, 2007, Zomba

Peer Review Comments: The ACB also requires consent from the office of Director of Public Prosecution (DPP) to prosecute corruption cases. "Fat Cats Bask in Glory", Jan 2004, Inter Press Service, www.ipsnews.net

Can citizens access the anti-corruption agency?

73a: In practice, the anti-corruption agency (or agencies) acts on complaints within a reasonable time period.

Score:

100

Comments: The Bureau is currently trying to resolve the issue where the former president, Bakili Muluzi, and Malawi Congress Party president, John Tembo, are accused of bribing MPs to support an open terms bill. The incident took place in 2003.

References: 1) Hussein M. "Combating Corruption in Malawi: An Assessment of the Enforcing Mechanisms" African Security Review, Vol 14 No. 4, 2005

2) Interview with R. Tambulasi, lecturer, Department of Political and Administrative Studies, University of Malawi, Sept. 7, 2007, Zomba

73b: In practice, citizens can complain to the anti-corruption agency (or agencies) without fear of recrimination.

Score:

100

Comments:

References: 1) Kazembe Kayira "Waging War against Corruption" The Daily Times, July 10, 2007,

2) Interview with R. Tambulasi, lecturer, University of Malawi, Department of Political and Administrative Studies, Sept. 7, 2007, Zomba

Peer Review Comments: Although the ACB has made it known that citizens can blow the whistle, it takes long for the citizens to know or verify if indeed the bureau has acted on their complaint. Most times the ACB does not, and is not publicly known to. Usually, the ACB says it fears jeorpadising investigations.