Malawi’s former agriculture minister, George Chaponda, was arrested on Wednesday and faces graft charges over a procurement contract with neighbouring Zambia, his lawyer and the country’s Anti-Corruption Bureau said on Wednesday.
It is the latest governance scandal to hit the impoverished southern African nation, which suffers periodic food shortages and relies heavily on donor aid.
Malawi President Peter Mutharika in January ordered an investigation into a $34.5 million government maize order, after a Zambian opposition leader said he had seen documents showing Malawi had been charged $345 per tonne for 100,000 tonnes of Zambian white maize worth $215 a tonne.
Chaponda’s lawyer, Jai Bandam confirmed the arrest in a telephone interview with Reuters.
He could not say when his client would be taken to court.
Malawi’s Anti-Corruption Bureau said in a statement that its “investigation had established that there were offences committed in the procurement of maize from Zambia.”
“Chaponda is likely to be charged with corruptly performing public functions, misuse of public office and possession of foreign currency contrary to” exchange control regulations, it said.
And several Malawian media outlets are reporting that the ACB also arrested former Chairperson for Grain Traders Association of Malaw Grace Mijiga Mhango and Rashid Tayub of Transglobe after establishing that offences were committed in the procurement of maize from Zambia.
ACB Senior Public Relations Officer, Egrita Ndala indicated in a statement that Chaponda will weekly be charged with corruptly performing public functions, misuse of public office and possession of foreign currency contrary to section, 25A(1), 25B (1) of the Corrupt Practices Act and Regulation 25A(1) of the Exchange Control Regulations as read with Section 3 of the Exchange Control Act respectively.
According to ACB, Mijiga Mhango will be charged with forgery contrary to Section 351 of the Penal Code while Tayub is expected to appear for the Bureau.
“On 14th July, 2017, the Bureau obtained a warrant of arrest for the suspects. On 19th July, 2017, the Anti-Corruption Bureau executed the warrants on the three,” reads the statement in part.
She said they would be taken to Court after the Bureau has recorded caution statements from them.
The statement further claims that in December 2016, the Bureau received a complaint alleging that procurement procedures were not followed in the procurement of maize from Zambia by ADMARC.
ACB has been conducting investigation into the matter and sent its officers to Zambia in January where they together with the Anti-Corruption Commission of Zambia interviewed various people whom it felt had information relevant to the matter.
On 21 February 2017, the Bureau conducted a search and seizure operation on various premises after it obtained search and seizure warrants from the court.
“The Bureau has in recent times come under intense pressure and scrutiny on this matter, others suggested we were under instruction from the executive to obstruct justice in this matter for political reasons.
“We wish to make it clear to the public and all stakeholders that the ACB remains an independent professional institution which operates independently without any influence from any one. The process of investigations can be complicated and needs to be conducted with due process and detailed care,”said Ndala.
She claimed the Bureau empathizes with the concerns of the public for speedy investigations but quickly pointed out that such calls, in a democracy, need to be balanced with the due process required under the law.
“It should also be understood that in some cases where accused persons are members of parliament, parliamentary immunity when they are sitting in parliament may also delay such processes,” the statement reads.
The bureau said like all accused persons, the accused remain “innocent until proven guilty by a competent court of law.”