Director of Public Prosecutions (DPP) Steven Kayuni has asked the Malawi Police Service (MPS) to launch criminal investigations into alleged fraudulent public funds expenditure on operations of non-existent Mombera University.

In a letter addressed to Inspector General of Police Merlyne Yolamu, which we have seen, Kayuni says the suspected expenses are in billions of kwacha.

Entrance to the yet-to-be constructed Inkosi ya
Makhosi M’mbelwa University

Dated November 16 2022, the letter says for years, government has been budgeting for the operations of the university which was earmarked to be built in Mzimba District.

Kayuni writes: “The university structure is not on the ground. The university is not in existence. There has never been a selection of students to that university. No employees have ever been recruited for the university.

“That notwithstanding over the years budgets have been passed not for purposes of implementing the establishment of the university, but for running an existing university.”

He further says documentation shows that there was procurement of services, vehicles and hiring of staff for the university.

“The government wage bill purportedly showed that payment of salaries to lecturers and staff members included those of famous musicians in the country.

“Expenditure in audit reports points to suppliers of various services such as gardening, landscaping and cleaning services, purported procurement of vehicles and services on the said vehicles. The amount runs into billions of kwacha Madam IG,” the letter, number ADMN/MOMB/15/1, further reads.

Kayuni: Mombera
is non-existent

A National Audit Office (NAO) audit into government ministries, departments and agencies for the year ending June 2020 showed that the Ministry of Education failed to account for about K1.2 billion expenditure on Mombera University.

“A review of financial statements and expenditure at Malawi Universities Development Programme [MUDP] revealed that Mombera University’s actual expenditure was K1 351 358 834.65,” the audit report reads in part.

This was in sharp contrast to the MUDP financial statements which showed that its expenditure was K231 million.

In the letter, Kayuni signals to the police to go after civil servants connected with the syndicate while proposing to ring them with eight charges.

The DPP writes: “We have looked at the law, considered the acts as articulated, there is need to follow up on the public trust issues raised and the directorate is of the opinion that criminal investigations be instituted against the allegations therein.

Asked to institute criminal investigations: Yolamu

“Further to this, possible charges for the said civil servants, private individuals masquerading as public servants on payroll, suppliers, managers and directors concerned would include and not limited to the following…

“Fraud other than false pretences; misprocurement; abuse of office; negligence by public officials; theft by public servants; theft; money laundering; personation.”

Kayuni brands the alleged fraud as a worrisome development as it went on for years.

He writes: “Even if for a second some of the alleged individuals would purport to be lecturers at the impugned university, Mombera University has no designation for a faculty in music.

“For those that rendered various services and they would be authorisers for procurement and payment, the vexing question is what payment for a non-existent university? These are public resources and there is a duty of care on the part of the fiduciaries.”

In a written response, Kayuni confirmed asking for the investigations into the university expenditure.

He said: “Mombera University never rolled out beyond the piece of legislation. However, there are glaring budgetary processes that were undertaken and raise serious fiduciary issues.”

National Police spokesperson Peter Kalaya told Nation on Sunday yesterday they are geared to roll out the investigations.

He said: “The MPS, through the Office of the Inspector General, has been directed by the DPP to institute criminal investigations into issues surrounding Mombera University.

“As a law enforcement agent, we will comply with the directive and investigate all possible crimes and abuse of public resources in this. We are ready to institute the investigations now!”

Meanwhile, the Centre of Social Accountability and Transparency (Csat) has hailed the DPP for pushing for investigations into the alleged abuse of public resources through the university.

“It is sad that public resources continue to be abused through cartels in the country and some people get away with it.

“We suggest that the police should speed up criminal proceedings against all individuals linked to the plunder,” said Willy Kambwandira, Csat executive director.

In September this year, NAO told our sister paper Weekend Nation that it had launched separate investigations on how some funds allocated for construction of Mombera University and Mzuzu University library were used.

Mombera University, which President Lazarus Chakwera renamed Inkosi M’mbelwa University, is among high profile projects which the Tonse Alliance has committed to pursue. It was initiated by the Democratic Progressive Party administration.

In 2018, government budgeted K72 billion for the project. Currently, its most visible structures are a tarred road and an incomplete entrance with corresponding walls that briefly stretch out a few metres.

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