ZUNETH SATTAR: CSO DRAGS ACB TO COURT OVER KAPONDAMGAGA CASE

After months of demanding ACB explain itself over the out-of-court deal, governance watchdog YAS wants the court to order ACB to probe President Lazarus Chakwera’s right-hand man.  
BY GODFREY MAOCHA

The High Court is scheduled on Wednesday to hear a judicial review initiated by the civil society organization Youth and Society (YAS) regarding the Anti-Corruption Bureau's (ACB) decision to strike a restitution deal with State House Chief of Staff Prince Kapondamgaga in relation to the Zuneth Sattar investigation.

The judicial review follows a prolonged exchange between the ACB and YAS over the decision not to prosecute the President’s top aide, which resulted in Kapondamgaga repaying the state K70 million and returning a vehicle received from businessman Sattar, who is under investigation for corruption in both the United Kingdom and Malawi.

YAS Executive Director Charles Kajoloweka confirmed the judicial review in an interview on Tuesday.

According to court documents seen by the Platform for Investigative Journalism (PIJ), YAS, which is suing the ACB through the Attorney General, is challenging the decision to discontinue the investigation under Section 10(4) of the Corrupt Practices Act.

“WHEREFORE, I pray to this Honourable Court for permission to allow the Claimant to commence judicial review proceedings of the Defendant’s decision to discontinue the investigations against Mr. Kapondamgaga,” reads part of the filing.

The commencement of the judicial review follows months of unsuccessful advocacy by Youth and Society (YAS) to have the case reinstated. Despite limited progress on most cases in both Malawi and the UK, YAS remains among the few stakeholders pushing for accountability in the Zuneth Sattar affair. Last month, the organization, alongside its UK-based partner, Spotlight, wrote to the UK government, demanding the seizure of property and assets from the Malawi-born businessman, with the proceeds directed to Malawian taxpayers.

According to documents seen by the Platform for Investigative Journalism (PIJ), on July 31, 2023, YAS wrote to the Anti-Corruption Bureau (ACB) following up on its press release that announced the discontinuation of the case. The letter, among other things, requested the Bureau to clarify whether it had made any recommendations to President Lazarus Chakwera regarding the employment of Kapondamgaga at State House.

Additionally, YAS asked for information on the status of the restitution agreement, specifically whether Kapondamgaga had paid the sum of K70,150,674.00, and sought access to the actual restitution agreement. However, the Bureau refused to provide the requested information, citing Sections 5(1) and 36 of the Access to Information Act.

The organization also demanded clarification on several issues, including the legal basis for the restitution agreement with Mr. Kapondamgaga and the factors distinguishing his case from others under investigation or prosecution in seemingly similar circumstances. Furthermore, YAS sought information on the Bureau's decision to discontinue investigations, questioning whether it adhered to Section 10(2) of the Corrupt Practices Act.

YAS followed up with another letter in November last year, seeking confirmation on whether Kapondamgaga had complied with the agreement to restitute money and assets by the September 30, 2023 deadline, as previously communicated by the ACB.