Barely three weeks after suspended Director of Public Prosecutions (DPP) Steven Kayuni advised Anti-Corruption Bureau (ACB) against picking lawyer Modecai Msisha to prosecute a case against Vice-President Saulos Chilima, the bureau has advertised to outsource experienced lawyers. 

According to an advert placed in the local papers, the graft-busting body has indicated that with the establishment of the Financial Crimes Court, there is a need for more prosecutorial efforts.

Rejected hiring of Msisha: Kayuni

The ACB says it wants to enhance its legal and prosecutorial services by outsourcing legal services from experienced and qualified lawyers on one-year contracts for a maximum of three years upon satisfactory performance.

Reads the invitation for expression of interest: “The ACB has received special funding from government in the 2022/23 financial year and is intending to apply some of it for the disposal of cases through outsourcing of legal services.”

Among others, the bureau wants the qualified lawyers to have a minimum of 10 years’ experience and ability to provide quality and independent legal advice to the ACB boss on cases assigned.

In an earlier interview, the DPP Steven Kayuni said he had communicated in confidence to the ACB the reasons for his decision barring Msisha from leading the graft-busting agency’s prosecution team.

“The reasons have been confidentially communicated to the ACB. I have so much respect for Msisha, SC, as such I cannot discuss this in the media,” Kayuni said in a brief written response.

Earlier, Minister of Justice Titus Mvalo disclosed that he had asked the Attorney General (AG) to review Kayuni’s decision.

Malawi Law Society (MLS) honorary secretary Chrispin Ngunde said the law does allow the ACB director to appoint any legal practitioner in civil matters.

He said: “In terms of the law, Section 5B of the Corrupt Practices Act [CPA] expressly permits the Director of ACB to appoint any legal practitioner to provide legal representation to the ACB in civil matters, but the Corrupt Practices Act is silent on legal representation in criminal matters.

“However, the ACB has on previous occasions been assisted in criminal matters by private legal practitioners who are appointed by the DPP in exercise of his powers of delegation under Section 100(1) (b) of the Constitution and power to appoint public prosecutors under Section 79 of the Criminal Procedure and Evidence Code.”

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