strategic plan - anti corruption bureau - malawi

STRATEGIC PLAN

FOR

THE ANTI-CORRUPTION BUREAU

(ACB)

(2012 – 2017)

‘Promo� ng a Culture that is intolerant to Corrup� on’

Offi ce of the DirectorAn� Corrup� on Bureau

P. O. Box 2437Lilongwe

Tel: (265) 1 770 370

Email: an� -corrup� [email protected]: www.acbmw.com

ACB Strategic Plan for the 2012-2017


PREFACEI am pleased to present the 2012-2017 Strategic Plan that will be implemented under the theme ‘Promo� ng a Culture that is Intolerant to Corrup� on’. The Plan marks an important milestone in the fi ght against corrup� on, as it comes at a � me that governance is becoming an increasingly cri� cal element in the fabric of the Malawi na� on, in general and development endeavours of the country in par� cular. The Plan builds on the success and limita� ons of the 2007-2011 Strategic Plan. The Plan is aligned to the Malawi Growth and Development Strategy (MGDS) and the Policy Framework Paper issued by the Ministry of Jus� ce and Cons� tu� onal Aff airs, as well as the Millennium Development Goals (MDGs).

I note with sa� sfac� on that the Plan was developed using a highly par� cipatory process involving a cross sec� on of stakeholders and extensive review of literature. The Plan also benefi ted from the experience of an� -corrup� on agencies around the world and analysis of topical issues in the area of corrup� on and governance.

As ACB forges ahead with the fi ght against corrup� on, it is pleasing to note the commendable strides it has made in the past fi ve years that include raising awareness on the evils of corrup� on, steering the development and implementa� on of the Na� onal An� Corrup� on Strategy, surpassing of output targets, sustenance of strong donor confi dence in its programmes, and reten� on of a cri� cal mass of dedicated and experienced staff .

Notwithstanding the impressive performance, there are also some notable areas in which it can do be� er and new ones it can pursue. In order to tackle the challenges that lie ahead, the Bureau will build on its strengths and the trust it enjoys amongst its key stakeholders in implemen� ng well-tested ini� a� ves, as well as new and innova� ve ones in an ever changing and dynamic landscape.

I wish to express the hope that the spirit of coopera� on among stakeholders that characterised the development of the 2012-2017 Strategic Plan will con� nue into its implementa� on, as it will take more than the Bureau to ensure its success. I would also want to believe Government and Development Partners will con� nue to provide unwavering support to the Bureau as it leads the fi ght against corrup� on.

Director – An� Corrup� on Bureau


VisionA� ainment of a Corrupt-free Malawi

MissionTo create a corrupt free Malawi that promotes good governance through corrup� on

eradica� on programmes for socio-economic development

Core Valueso Quality service delivery

We will deliver services to our clientele in an effi cient, eff ec� ve and independent manner.

o Personal and professional conduct

We will at all � mes perform our du� es with the highest degree of integrity, honesty, competence, commitment, due diligence and without compromising on confi den� ality.

o Cons� tu� onal and legal principles

We will at all � mes reinforce and adhere to all cons� tu� onal and legal provisions.

o Adapta� on

We will adapt and be responsive to changing needs and circumstances.


TABLE OF CONTENTS

PREFACE 3

ABBREVIATIONS AND ACROYNMS 7

ACKNOWLEDGEMENTS 8

EXECUTIVE SUMMARY 9

1.0 INTRODUCTION AND BACKROUND 11

1.1 Ra� onale and Jus� fi ca� on for the Strategic Plan 11

1.2 Strategic Planning Process 11

1.3 Genesis of the Bureau 11

2.0 MANDATE AND INSTITUTIONAL SET UP OF THE BUREAU 13

3.0 CONTEXT 14

3.1 Introduc� on 14

3.2 Fight against Corrup� on in Malawi 14

3.3 Governance and Development 14

4.0 REVIEW OF THE 2007-2011 STRATEGIC PLAN 15

4.1 Key Achievements 15

4.2 Key Challenges 15

4.3 Lessons Learnt 16

5.0 SITUATIONAL ANALYSIS 17


5.3 Strengths and Weaknesses 18

5.4 Opportuni� es and Threats 18

5.5 Stakeholders Analysis 19

6.0 STRATEGIC FRAMEWORK 20


6.2 Overall Goal 20

6.3 Strategic Goals, Objec� ves and Implementa� on Strategies 20

6.4 Key Success Factors 27

7.0 IMPLEMENTATION, MONITORING AND EVALUATION FRAMEWORK 28


7.2 Monitoring and Evalua� on Bodies and Levels 28

7.3 Monitoring and Evalua� on Arrangements 28


ANNEX1: Abridged Strategic Plan Logic Framework 30

ANNEX 2: Current Acb Organisa� onal Structure 33

ANNEX 3: Situa� onal Analysis 34

APPENDIX 1: List of Stakeholders Consulted 49

APPENDIX 2: List Of Documents Reviewed 51


ABBREVIATIONS AND ACROYNMS

ACB An� -Corrup� on BureauCPA Corrup� on Prac� ces ActCPIB Corrup� on Prac� ces Inves� ga� on BureauCSOs Civil Society Organiza� onsCRC Complaints Review Commi� ee CMC Case Management Commi� ee

HIV/AIDS Human Immunodefi ciency Virus Acquired Immune Defi ciency Syndrome

FIU Financial Intelligence UnitICAC Independent Commission Against Corrup� onICT Informa� on Communica� on and TechnologyIICs Ins� tu� onal Integrity Commi� eeIEC Informa� on, Educa� on and Communica� onIMF Interna� onal Monetary Fund

MABCATA Malawi Building and Civil-Engineering and Allied Traders Associa� on

MHRC Malawi Human Rights CommissionMDGs Millennium Development GoalsMGDS Malawi Growth and Development StrategyNACS Na� onal An� Corrup� on StrategyNASFAM Na� onal Associa� on of Smallholder Farmers in MalawiNAO Na� onal Audit Offi ceNIC Na� onal Integrity Commi� eeNIS Na� onal Integrity SystemODPP Offi ce of the Director of Public ProcurementPESTEL Poli� cal, Economic, Social, Technological, Ecological, LegalSIU Special Inves� ga� ng UnitSOCAM Society of Accountants in MalawiSWOT Strengths, Weaknesses, Opportuni� es and ThreatsTAMA Tobacco Associa� on of Malawi


ACKNOWLEDGEMENTSThe Director wishes to acknowledge the coopera� on the Bureau received from all those that made contribu� ons towards the development of the 2012-2017 Strategic Plan. The Director would like to single out the role the Strategic Planning Steering Commi� ee played in facilita� ng the work of consultants from Management Interna� onal.

The role Development Partners played in providing inputs on various ma� ers pertaining to the Strategic Plan development process is much appreciated. In this connec� on, the role played by the Norwegian Embassy in providing fi nancial assistance for the development of the Strategic Plan is gratefully acknowledged.


EXECUTIVE SUMMARYA. Background

This Strategic Plan (2012 to 2017) has been developed following the expiry of the 2007-2011 Strategic Plan. The new plan is a part of eff orts by the Bureau to ensure its con� nued relevance and eff ec� veness in the ever-changing environment. The process of developing a new Plan involved carrying out an evalua� on of the 2007-2011 Strategic Plan, as well as undertaking an environmental scan to have a fi rm basis for the 2012-2017 Plan. The evalua� on was conducted in a highly par� cipatory manner involved a cross sec� on of stakeholders from the Government, Legislature, Non Governmental Organisa� ons, Civil Society Organisa� ons, and Faith Based Organisa� ons, Private Sector, and ACB staff . The evalua� on culminated in the produc� on of a report, which is a complementary document to this Strategic Plan.

B. Key Achievements of the 2007-2011 Strategic PlanACB has made some commendable strides in the fi ght against corrup� on in the past fi ve years that include:

1. Malawi achieved its record index high of 3.4 on TI corrup� on percep� on index in 2010. The percep� on index has been on the rise since 2008. The recent improvements in corrup� on percep� on index are because of eff orts the Government has been making in reducing corrup� on in Malawi.

2. Raised awareness levels among the public of the dangers and evils of corrup� on, 2010 Governance and Corrup� on Survey showed that percentage of popula� on that consider corrup� on as a major constraint to development has increased to 79% in 2010 from 59% in 2005.

3. Steered the development of the Na� onal An� -Corrup� on Strategy (NACS) which has provided a framework for a mul� -sectoral approach in the fi ght against corrup� on. The launch of the NACS saw the Bureau facilita� ng the establishment of IICs, Corrup� on Preven� on Policies, and Service Charters in a number of ins� tu� ons.1

4. Overall, the Bureau has met or surpassed the targets set for its preven� on, educa� on, prosecu� on, and inves� ga� on sec� ons.

5. Managed to retain a cri� cal mass of dedicated and experienced staff , thus ensuring con� nued delivery of its programmes.

6. Developed a func� onal Training Policy which guides Management in implementa� on of all training programs. A comprehensive and robust competency framework was also developed detailing skill requirements for each posi� on in the Bureau.

7. Developed an HIV/AIDS Work Place Policy, which is being used to target behavioural change among employees.

C. Key Strategic Issues From the situa� onal analysis, the following strategic issues have emerged requiring a� en� on over the next fi ve years.1. Lack of awareness by some segments of society of the nature of corrup� on and

the procedures for repor� ng it. 2. There is a decline in confi dence in the eff ec� veness of the fi ght against

corrup� on.2

3. Increased demand for corrup� on preven� on services beyond the capacity of the Bureau.

4. Limited inves� ga� ve capacity especially in the areas of fi nance and computer related corrup� on cases.

5. Slow pace of prosecu� on cases is a source of concern for many stakeholders. 6. Inadequate infrastructure and fi nancial resources to eff ec� vely support the core


business of the Bureau.7. Weak M&E system within the organiza� on.

D. Strategic GoalsIn view of the iden� fi ed key strategic issues, the Bureau, in the next fi ve years, will work to achieve the following strategic goals:

1. Increased awareness of the nature, eff ects and procedures for repor� ng corrup� on;

2. Increased public confi dence in the fi ght against corrup� on;3. Promoted Integrity, transparency and accountability;4. Enhanced effi ciency and eff ec� veness of inves� ga� ons of corrup� on cases 5. Enhanced effi ciency and eff ec� veness of prosecu� on of corrup� on cases; and6. Strengthened administra� ve and fi nancial capacity of the Bureau.7. Improved measurement of results.


1.0 INTRODUCTION AND BACKROUND

1.1 Ra� onale and Jus� fi ca� on for the Strategic PlanThe Plan is essen� al tool for guiding the ac� vi� es of the Bureau over the next fi ve years. The 2012-2017 Strategic Plan will serve as a medium-term goal for the Bureau. The Plan also provides a pla� orm for mobilising resources required to implement strategies and ac� vi� es set out therein. The Strategic Plan is complemented by a Log frame a� ached as Annex 1.

1.2 Strategic Planning ProcessThe Strategic Plan was developed in a par� cipatory manner to ensure relevance and ownership. The evalua� on process involved consulta� ons with a cross sec� on of stakeholders of Bureau. This culminated in obtaining their views on the achievements of the 2007-2011 Strategic Plans, as well as on issues to be addressed in the 2012-2017 Strategic Plan. The list of stakeholders consulted is on Appendix 1 whereas the list of documents reviewed is a� ached as Appendix 2.

The development of the Strategic Plan of the ACB was informed by a number of key policies and development frameworks include among others the Millennium Development Goals, Malawi Growth and Development Strategy (I&II), Democra� c Governance Sector: Policy Framework Paper and the NACS.

The Plan was also informed by various DFID Annual Evalua� on Reports, audited fi nancial statement reports, Governance and Corrup� on Baseline Survey (2005) and the Governance and Corrup� on Survey (2010) and various Annual Reports.

The following major steps were involved in the prepara� on of the Strategic Plan:

An assessment of achievement of the strategic objec� ves in the previous plan. The exercise iden� fi ed factors that contributed to and hindered successful implementa� on so as to provide lessons for the 2012 - 2017 Strategic Plan.

An environmental scan to appreciate the key challenges confron� ng the governance sector in general and ACB in par� cular, including systemic challenges to do with its structures and systems.

1.3 Genesis of the BureauThe An� -Corrup� on Bureau has its origins in the Republican Cons� tu� on adopted in 1995. The Cons� tu� on emphasised on measures to “guarantee accountability, transparency, personal integrity and fi nancial probity” and which by virtue of their eff ec� veness and transparency will strengthen confi dence in public ins� tu� ons. As a result, the government through Parliament established ins� tu� ons to promote transparency, accountability, human rights and respect for the rule of law. The ins� tu� ons include among others: the An� - Corrup� on Bureau, Offi ce of the Ombudsman, the Human Rights Commission, Offi ce of the Director of Public Procurement, and the Law Commission. More recently, Government has established the Financial Intelligence Unit (FIU) to address issues of money laundering.

In 1995, Parliament enacted the Corrupt Prac� ces Act (CPA). The Act under Sec� on 4 (1) establishes the An� -Corrup� on Bureau, which is headed by a Director. The Director and the Deputy Director are both appointed by the President subject to confi rma� on by the Public Appointments Commi� ee of Parliament. The Bureau began its opera� ons in 1997.

The Bureau is an autonomous body. However, the Director is required to submit reports to


the President, Parliament, and to the Minister of Jus� ce and Cons� tu� onal Aff airs regarding the general conduct and performance of the Bureau.

The CPA was amended in 2004 giving the Bureau increased powers to carry out its work in Malawi. The defi ni� on of corrup� on was widened to among other things, include abuse of offi ce and possession of unexplained wealth. The amendment of 2004 also provides for the inves� ga� on of cases not only for corrup� on but for other off ences that come to light during the course of inves� ga� ng corrup� on. The Act also provides for protec� on of “whistleblowers” which was absent in the original law.


2.0 MANDATE AND INSTITUTIONAL SET UP OF THE BUREAU

The An� -Corrup� on Bureau is mandated under the Corrupt Prac� ces Act to perform two major func� ons of Law Enforcement and Corrup� on Preven� on. In enforcing the law on corrup� on the Bureau conducts inves� ga� ons and prosecu� ons of corrup� on off ences and any other off ences disclosed in the course of inves� ga� ons on corrup� on allega� ons.

Corrup� on Preven� on entails among others, review of procedures in ins� tu� ons, development of corrup� on preven� on policies etc. to ensure corrup� on is fought from within ins� tu� ons. In addi� on, the Bureau conducts public educa� on ac� vi� es to educate people on corrup� on issues and solicit their support in the fi ght against corrup� on.

The Bureau has an establishment of 246 posi� ons of which 126 are fi lled. Its headquarters is in Lilongwe with branch offi ces in Blantyre and Mzuzu. It is headed by a Director and assisted by a Deputy Director. Both are appointed by the President subject to confi rma� on of the Public Appointments Commi� ee of Parliament. The Director appoints other offi cers as he deems necessary for the proper execu� on of his du� es. The organisa� onal structure of the Bureau is depicted at Annex 2.

The Bureau has three departments which have various Divisions and Sec� ons under them. The departments are as follows:

Opera� ons Department headed by an Assistant Director Inves� ga� ons Division Corrup� on Preven� on and Educa� on Division

o Public Educa� on Sec� ono Corrup� on Preven� on, Research and Intelligence Sec� on

Legal and Prosecu� ons Department headed by an Assistant Director Finance and Administra� on (Management and Support Services) Department

[headed by an Assistant Director (Bureau Secretary)] Offi ce Services Division Financial Management Sec� on Human Resources Management and Development sec� on Informa� on, Communica� on and Technology (ICT) Sec� on

o Documenta� on Sec� on


3.0 CONTEXT

3.1 Introduc� onThe Bureau’s Strategic Plan recognizes that eff orts to promote democra� c governance largely depend transparent systems. Such systems enhance the integrity and make it possible for public servants to be accountable for their ac� ons.

3.2 Fight against Corrup� on in Malawi Malawi embraced mul� -party democracy in 1994 and adopted a new cons� tu� on in 1995. The Cons� tu� on establishes ins� tu� ons to promote democra� c governance. In 1995, Government enacted the Corrupt Prac� ces Act (CPA) to serve as a key legal instrument in fi gh� ng corrup� on. The Act is complemented by other legisla� ons such as Public Finance Management Act (2004), Public Audit Act (2004), Procurement Act (2004), etc.

At interna� onal level, Malawi is a signatory of the United Na� ons Conven� on against Corrup� on, which among others, places responsibility and obliga� on on Malawi to prevent, detect, and deter corrup� on. To ensure this, Malawi as member has to cooperate and work with other countries, civil society organisa� ons, non-governmental organiza� ons, community-based organiza� ons et cetera to eff ec� vely fi ght corrup� on.

In addi� on, Malawi also complies with a number of trea� es and protocols on the fi ght against corrup� on including SADC Protocol and African Union Conven� on. In principle, these protocols compel Malawi to prevent, detect, punish, and eradicate corrup� on in the public and private sector by eff ec� vely developing and strengthening an� -corrup� on mechanisms, coopera� ng with other State Par� es and harmonizing policies and domes� c legisla� on rela� ng to eradica� on of corrup� on.

3.3 Governance and Development Malawi’s development agenda is expressed in its Malawi Growth and Development Strategy (MGDS) that highlights its commitment to the fi ght against corrup� on. The MGDS notes “corrup� on retards economic growth and prosperity by diver� ng resources for economic growth and social development into coff ers of a few. It discourages business investment and reduces public resources available for the delivery of public goods and services especially to the poor; and erodes donor confi dence.”3

The Malawi Government recognizes the role that governance plays in bringing about be� er living standards for its ci� zens. In this regard, it considers good public sector management, absence of corrup� on and fraud, jus� ce and rule of law, etc. as rerequisite for socio-economic development.


4.0 REVIEW OF THE 2007-2011 STRATEGIC PLAN

4.1 Key AchievementsACB has made some commendable strides in the fi ght against corrup� on in the past fi ve years that include:

1. Increasing public awareness on dangers of corrup� on. Public percep� on levels of corrup� on increased to 79% in 2010 as a major constraint to development compared to 59 % in 2005. This signifi es that the society is becoming intolerant to corrup� on thus ensuring prospects for public coopera� on in the fi ght against corrup� on.

2. Increasing public percep� on of the role of the Bureau in the fi ght against corrup� on, the Bureau is rated second highest (73 %) to the media (74 %) in 2010 survey result.

3. Reducing corrup� on levels as measured by corrup� on percep� on index. The index 2.9 in 2002 and 2.7 in 2006. The percep� on index improved to a record high of 3.4 in 2010. These fi gures show improvements in corrup� on levels in Malawi.

4. Steering the development of the Na� onal An� -Corrup� on Strategy (NACS). This has provided a framework for a mul� -sectoral approach in the fi ght against corrup� on. The Bureau facilitated the establishment of IICs and Corrup� on Preven� on Policies in a number of ins� tu� ons to topple corrup� on from within.

5. Surpassing output targets set for its preven� on, educa� on, prosecu� ons and inves� ga� on sec� ons.

6. Maintaining donor confi dence in its programmes.7. Retaining cri� cal mass of dedicated and experienced staff , except in the Prosecu� on

Department, thus ensuring con� nued delivery of its programmes.8. Developing a Training Policy which guides Management in implementa� on of

all training programs. A comprehensive and robust competency framework provides a basis for iden� fi ca� on of training needs, performance criteria, career development, and assessment of performance.

9. Developing an HIV/AIDS Work Place Policy that targets behavioural change among employees.

10. Establishing a Research and Intelligence Unit, this is used as a tool for knowledge management, communica� on, tracking progress and informing preven� on strategies. The Bureau also established a Monitoring and Evalua� on Unit responsible for planning, monitoring and evalua� on of Bureau’s ac� vi� es and programmes.

4.2 Key Challenges1. Lack of awareness by some segments of the society on the nature and procedures

for repor� ng corrup� on. This is mainly due to challenges related to the implementa� on of the Communica� on Strategy. This may be a� ributed to the fact that IEC materials are mainly in English and in mediums that are inaccessible to many rural people

2. There is a decline in confi dence in the eff ec� veness of the fi ght against corrup� on.4

This percep� on has been created by the following factors:a. High turn-over and appointment process of the Director and Deputy

Director. b. Percep� on by some people that the Bureau is not independent.c. Perceived bias and selec� vity in tackling corrup� on cases.5

d. Parliamentary oversight is seen as not adequate, as the Legal Aff airs Commi� ee that oversees the Bureau is comprised of individuals that might not be well versed on ma� ers that they oversee.


3. An overwhelming demand for corrup� on preven� on and public educa� on services beyond the capacity of the Bureau. This necessitates a change in the implementa� on strategy to a more coordina� ng and expanded approach to the fi ght against corrup� on.

4. Limited inves� ga� ve capacity in the areas of fi nance and computer related corrup� on cases.

5. The slow pace at which prosecu� on cases are concluded is a source of concern for many stakeholders. Some of the reasons are delays in processing cases through the Judiciary, limited capacity of the Prosecu� on Sec� on and high turn-over of prosecutors.

6. Weak administra� ve and fi nancial systems to eff ec� vely support the core business of the Bureau.

7. Lack of measurement of results mainly because of weak M&E system within the organiza� on.

4.3 Lessons LearntLessons Learnt from the implementa� on of the 2007-2011 ACB Strategic Plan, indicate that the success to the fi ght against corrup� on is dependent on the following:

1. Sustained poli� cal commitment.2. Neutrality and independence of the Bureau. 3. Collabora� on with stakeholders. 4. Enhanced awareness of the role of ACB, nature of corrup� on and procedures for

repor� ng.5. Adequate funding and other resources.


5.0 SITUATIONAL ANALYSIS

5.1 Introduc� onThis sec� on provides a summarised analysis of the current situa� on of the Bureau, as a way of determining appropriate strategies to be adopted in the fi ght against corrup� on. The analysis employed the use of PESTEL (Poli� cal, Economic, Social, Technological, Ecological and Legal factor/trends), as well as the SWOT (Strengths, Weaknesses, Opportuni� es and Threats) technique. The summarised results of both PESTEL and SWOT are highlighted below, while a more elaborated version of SWOT is a� ached as Annex 3

5.2 Results of PESTELCATEGORY ISSUES EFFECTS

Poli� cal • Increased concerns on governance

• Delays in the appointment of the Bureau’s Director and Deputy Director

• Weaknesses in the electoral law and process

• Weak parliamentary oversight• Lack of ins� tu� onalisa� on of party

poli� cs• Fusion of State and Party aff airs

• Donor withdrawals• May compromise statutory du� es of

Director • May increase incidence of campaign

corrup� on• Bureau may not be fully accountable

and transparent• Breakdown in checks and balances• Loss of credibility in an� -corrup� on

drive

Economic • Economic meltdown• Harsh tax regime• Reduced foreign direct

investments• Scarcity of foreign exchange• Prices fl uctua� on of essen� al

goods and services especially fuel

• High Unemployment• Scarcity of basic commodi� es• Poor salaries, especially of public

servants• Compromised delivery of services• Low budget alloca� on to ACB

Social • Lack of understanding of corrup� on, especially among tradi� onal leaders

• Selfi shness by those in power• High illiteracy

• Chiefs and those in power are suscep� ble to corrup� on

• Vic� misa� on of the poor• Limits media outreach

Technological • Increase in technological money transfers

• Weak controls of technological usage

• Prolifera� on of e-corrup� on• Lack of a forensic laboratory• Increased computerisa� on

of government management systems

• Increase in electronic related corrup� on • Tradi� onal methods of fi gh� ng

corrup� on may no longer be eff ec� ve• Poor systems will be more prone to

corrup� on

Ecological • Climate change i.e. global warming

• Deforesta� on• Reduced genera� on of power

• Increased dependency on Government for hand outs

• Reduced produc� vity


CATEGORY ISSUES EFFECTSLegal • Legisla� on to limit freedom of the

press• Requirement of consent from

DPP• Lack of legal framework for

technologies• Slow judicial process• Legal inadequacies in areas like

Injunc� ons

• Ability of the press to denounce corrup� on may be compromised

• May lead to biasness• Delays in processing of corrup� on cases• Challenges in dealing with new

technologies

5.3 Strengths and WeaknessesThe review of the strengths of the Bureau highlights areas on which it can build new policies and strategies as it forges into the future, while the weaknesses are areas which it has to address if it is to con� nue being eff ec� ve in the fi ght against corrup� on.

STRENGTHS WEAKNESSES Capable and commi� ed leadership Reasonable enabling legisla� on Well trained and dedicated staff Good condi� ons of service Par� cipatory planning process Good working rela� ons among offi cers Establishment of offi ces in all the three

regions of Malawi Good working rela� onship with other

ins� tu� ons within and outside Malawi Standard opera� ng procedures Availability of Baseline Survey data Regular consulta� ve donor, CMC,

Management CRC in place Bureau has a Staff Development Plan,

which is renewed annually.

Failure to implement some provisions of the condi� ons of service Inadequate fi nancial and material resources Defi ciencies in the Corrupt Prac� ces Act Insuffi cient internal communica� on especially

between management and those at junior levels Lack of exper� se in fi nance and computer

crimes Ineffi cient documenta� on system Failure to a� ract and retain lawyers Inadequate monitoring on private lawyers High staff turnover mainly of lawyers Inadequate ICST infrastructure and equipment Standing Orders although reasonably good are

outdated Inadequate Communica� ons Strategy

including Public Rela� ons Strategy The approach to the press and media is

largely reac� ve and handling of informa� on dissemina� on Non existence of decentralized fi nancial

managementmanagement

5.4 Opportuni� es and ThreatsThe opportuni� es are areas that the Bureau needs to exploit to enhance its eff ec� veness in the fi ght against corrup� on, while threats represent areas that may seriously compromise its effi ciency, eff ec� veness and relevance.


OPPORTUNITIES THREATS Con� nued donor goodwill Public willingness to support Corrup� on recognized as a priority area by

Government Vibrant media in rela� on to corrup� on Global acknowledgement of corrup� on as a

problem Poli� cal will Guaranteed clientele Availability of global technological

advancement Various ins� tu� ons willing to work with

the Bureau on corrup� on preven� on and educa� on ma� ers Availability of players capable of assis� ng

the Bureau in corrup� on preven� on and educa� on ac� vi� es.

Perceived lack of independence of the Bureau Problems in related ins� tu� ons could reduce

eff ec� veness of ACB Unstable funding Unwillingness by witnesses to tes� fy in Court Lengthy trial period for Bureau cases Too high expecta� ons from the public Too much dependency on donor support Protec� on of whistle blowers and witnesses Lack of willingness to report corrup� on Restric� on to arrest without warrant Economic instability HIV/AIDS pandemic Unwillingness of some public ins� tu� ons to

join the ACB in the fi ght against corrup� on

5.5 Stakeholders AnalysisThis sec� on highlights the obliga� ons the ACB has towards its stakeholders and what it should expect from them during the life of the Strategic Plan, as well as ac� vi� es and issues that are likely to characterize the rela� onships between the Bureau and the various stakeholders. The stakeholders are for ease of reference categorized by pillar as set out in the Na� onal An� -Corrup� on Strategy. A full stakeholder analysis is outlined in the Annex 4


6.0 STRATEGIC FRAMEWORK

6.1 Introduc� onThe strategic direc� on set out in this sec� on is the ACB’s response to key challenges and issues that require adequate a� en� on over the next fi ve years in a more focused and ac� on oriented manner.

In se� ng the strategic direc� on, ACB recognizes that it is not possible for it to address all the issues iden� fi ed in the situa� onal analysis due to capacity and resource limita� ons. In this regard, the Bureau has priori� sed strategic issues to be addressed for the next fi ve years.

The key strategic issues requiring a� en� on over the next fi ve years are as follows:1) Inadequate public awareness of the nature, eff ects and repor� ng procedures of

corrup� on;2) Loss of Public confi dence in the fi ght against corrup� on in Malawi;3) Increased demand for corrup� on services in public and private ins� tu� ons;4) Limited inves� ga� ve capacity especially in fi nance and computer related cases;5) Slow pace at which prosecu� on cases are processed; and6) Weak and inadequate administra� ve and fi nancial systems:7) Poor measurement of results and eff ec� veness of the ACB’s work

The strategic issues highlighted above, translate into the following strategic goals:

6.2 Overall GoalThe overall goal of this strategic plan is to “reduce corrup� on levels in Malawi”. A� ainment of this goal will posi� vely contribute towards the vision of the Bureau, which is ‘a� ainment of a corrupt-free Malawi’

The overall goal is to be a� ained through the following strategic goals:1. Increased understanding of the nature and procedures for repor� ng corrup� on;2. Increased public confi dence in the fi ght against corrup� on;3. Enhanced Integrity, transparency and accountability;4. Enhanced effi ciency and eff ec� veness of inves� ga� ons of corrup� on cases 5. Enhanced effi ciency and eff ec� veness of prosecu� on of corrup� on cases;6. Strengthened administra� ve and fi nancial capacity of the Bureau; and7. Improved measurement of results.

6.3 Strategic Goals, Objec� ves and Implementa� on StrategiesThe strategic goals with their respec� ve objec� ves and strategies set out in this sec� on are intended to collec� vely contribute towards the a� ainment of the overall goal.

6.3.1 GOAL # 1: INCREASED UNDERSTANDING OF THE NATURE AND PROCEDURES FOR REPORTING CORRUPTIONRa� onale: Increased understanding of the nature and eff ects of corrup� on in key public and private agencies, as well as among the public is a requisite condi� on in fi gh� ng corrup� on. Limited awareness of the nature, eff ect, and repor� ng procedures of corrup� on is mainly due to challenges in implementa� on of Communica� on Strategy, designing of IEC materials and limited coverage the Bureau reaches on its own.

Thus, the Bureau will, over the next fi ve years, take necessary measures to enhance public understanding of causes and eff ects of corrup� on, popularising repor� ng procedures and strengthening partnerships with other stakeholders.


Expected Outcomes: 1.1 Increased understanding of the causes and eff ects of corrup� on1.2 Increased knowledge in repor� ng procedures

Indicators of achievement are as follows:1.1.1 Percentage of ci� zens that can explain the cause and eff ects of corrup� on1.1.2 Percentage of public offi cials that can explain the causes and eff ects of corrup� on1.1.1 Percentage of ci� zens repor� ng corrup� on a� er observing corrup� on act1.1.2 Percentage of public offi cials repor� ng corrup� on a� er observing corrup� on act

Objec� ve #1: To Broaden Outreach programmes through increased PartnershipsImplementa� on Strategy:

i) Build capacity of the Bureau to eff ec� vely and effi ciently partner with other stakeholders.

ii) Develop and opera� onalise a partnership coordina� on mechanism (policy and procedure).

iii) Conduct mapping exercises of stakeholders requiring corrup� on messages.iv) Provide support to partners to develop and implement public campaign

strategies.v) Undertake a Training of Trainers (ToT) to empower partners.vi) Involve and coordinate with stakeholders in developing and dissemina� ng an� -

corrup� on messages.

Objec� ve # 2: To Enhance Public Awareness on the Causes and Eff ects of Corrup� onImplementa� on Strategy:

i) Review and implement the Communica� ons Strategy.ii) Conduct research on eff ec� veness of corrup� on message dissemina� on

strategies. iii) Increase mediums for message dissemina� on to make them specifi c and simple

depending on the target audience.iv) Conduct an� -corrup� on sensi� sa� on campaigns.

Objec� ve #3: To Popularise Process for Repor� ng Corrup� onImplementa� on Strategy:

i) Develop and distribute IEC materials outlining corrup� on repor� ng procedure.ii) Translate IEC materials in key local languages like Chichewa, Tumbuka, Yao etc.iii) Produce and air/publish electronic and print media programmes.

6.3.2 GOAL #2: INCREASED PUBLIC CONFIDENCE IN THE FIGHT AGAINST CORRUPTIONRa� onale: Public confi dence in the fi ght against corrup� on has declined of late. Factors a� ributed to this include appointment procedures of the Directors and Deputy Directors; lack of knowledge on opera� ons of the Bureau; perceived bias and selec� vity in prosecu� ng corrup� on cases;6 and lack of commi� ed oversight body to oversee the Bureau.

To allay such concerns, the Bureau intends to enhance its independence by reviewing Corrupt Prac� ces Act to address issues of the appointment of Director and Deputy Director; and lobby for the empowerment of an independent body to oversee ac� vi� es of the Bureau. As it is, an oversight body proposed and established under NACS is not backed by any legisla� on hence making it ineff ec� ve

The Bureau will also proac� vely engage the public to enhance the understanding of the public on how the Bureau operates to allay percep� on that the Bureau is bias and selec� ve


in its opera� ons.

Expected Outcomes: 2.1 Increased public confi dence in the fi ght against corrup� on

Indicators of achievement are as follows:2.1.1 Percentage of people that perceive the Bureau as eff ec� ve in the fi ght against

corrup� on

Objec� ve # 1: To Enhance the Independence of the Bureau Implementa� on Strategy:

i) Propose to the Government for review of the Corrupt Prac� ces Act to review:a. Appointment procedures of the Director and Deputy Directorb. Strengthen oversight of Bureau’s strategic func� ons and opera� ons

ii) Lobby for the inclusion of the Bureau in the Cons� tu� oniii) Lobby for delinking of ACB from centralised payment system

Objec� ve #2: To Enhance Be� er Understanding by the Public of Opera� ons of the Bureau Implementa� on Strategy:

i) Develop and implement a Public Rela� ons Strategyii) Proac� vely publicize Bureau’s opera� ons and achievementsiii) Train media prac� � oners in corrupt related issues

6.3.3 GOAL #3: ENHANCED INTEGRITY, ACCOUNTABILITY, AND TRANSPARENCYRa� onale: There has been increased demand from both public and private ins� tu� ons for corrup� on preven� on services arising from an increased risk and prevalence of corrup� on they are faced with. This coupled with the inability of the Bureau to adequately respond to this demand have necessitated the need for ins� tu� ons to have trained human capacity to undertake some corrup� on preven� on ac� vi� es.

To ensure that integrity commi� ees func� on eff ec� vely, the Bureau needs to partner with other stakeholders in building the capacity of integrity commi� ees whilst giving the Bureau room to focus primarily on selected strategic ins� tu� ons with high prevalence of corrup� on as revealed through surveys conducted from � me to � me. There is also need to reinforce Integrity Commi� ees (ICs) to make them legal and mainstream them in public ins� tu� ons programs. Mainstreaming of IICs will ensure that IICs are not only sustainable but also eff ec� ve.

There is also need to build capacity of Bureau offi cers to manage this process eff ec� vely and effi ciently. Apart from this, the Bureau will strengthen the Na� onal Integrity System through promo� on of integrity in partner ins� tu� ons; prevent corrup� on by strengthening ins� tu� ons, and enhancing collabora� on with other stakeholders. The opera� onalisa� on of the NIS requires ac� ve involvement of the Bureau in terms of provision of technical support.

Expected Outcomes: 3.1 Improved intergrity in public and private sectors

Indicators of achievement are as follows:3.1.1 Percentage of ins� tu� ons perceived as of honesty and integrity by households7

3.1.2 Percentage of ins� tu� ons perceived as of honesty and integrity by business


community

Objec� ve #1: To Strengthen Na� onal Integrity SystemImplementa� on Strategy:

i) Establish IICs to implement an� -corrup� on ini� a� ves in their ins� tu� onsii) Provide support to IICs to implement NACSiii) Undertake capacity development needs assessment for IICs in ins� tu� onsiv) Develop capacity of Corrup� on Preven� on Sec� on to eff ec� vely manage IICs and

implement corrup� on prevent ini� a� ves.v) Iden� fy other stakeholders to complement the Bureau’s capacity building eff orts

for IICsvi) Develop the capacity of IICs and key players in both public and private sector to

undertake corrup� on preven� on ac� vi� es.vii) Lobby for Government fi nancial support to IICs to implement corrup� on preven� on

ac� vi� esviii) Lobby for legal/policy framework to legislate establishment and opera� ons of

IICs.ix) Review of the Na� onal An� -Corrup� on Strategy and implement the revised

strategy document

Objec� ve #2: To Strengthen Preven� on of Corrup� on through PartnershipsImplementa� on Strategy:

i. Undertake corrup� on risk assessments and review systems and procedures in ins� tu� ons and other strategic programs with high prevalence of corrup� on.

ii. Make recommenda� ons on changes to systems, procedures and other strategic programs reviewed and conduct compliance audits.

iii. Partner with other stakeholders to enhance preven� on of corrup� on.iv. Opera� nalise intelligence unit

6.3.4 GOAL #4: ENHANCED EFFICIENCY AND EFFECTIVENESS OF INVESTIGATIONS OF CORRUPTION CASES Ra� onale: Although, the Bureau has consistently met its targets in the area of inves� ga� on, there are skill defi ciencies in fi nance and e-related fraud and corrup� on, as well as to tackle increasingly sophis� ca� on of corrupt off enders.

The Bureau is also aware that the Inves� ga� on Sec� on needs a specialised Team to tackle urgent cases. An urgent case is an incident where an alleged corrup� on is happening in real � me. Inves� ga� ng cases in real � me will minimise delays registered in inves� ga� ng cases as such delays usually lead to evidence being changed or concealed.

Expected Outcomes: 4.1 Improved inves� ga� on performance qualita� vely4.2 Improved inves� ga� on performance quan� ta� vely

Indicators of achievement are as follows:1.1.1 Propor� on of completed cases resul� ng in prosecu� ons and referrals1.1.2 Propor� on of cases returned for further inves� ga� ons1.1.1 Number of cases completed per annum1.1.2 Average � me taken to commence a case1.1.3 Average � me taken to complete a case

Objec� ve #1: To Strengthen the Skills of the Inves� ga� ons


Implementa� on Strategy:i) Review and implement recruitment and promo� on policy for inves� gators ii) Develop and implement a Capacity Building Strategy for inves� gatorsiii) Enhance inves� ga� ons and supervision of inves� ga� on cases

Objec� ve #2: To Enhance Capacity of the Bureau to Inves� gate Special Cases8

Implementa� on Strategy:i) Establish Special Opera� on Team to conduct urgent inves� ga� onsii) Train offi cers in responding to complaints that need urgent a� en� oniii) Establish a forensic unitiv) Train offi cers in forensic inves� ga� ons

Objec� ve #3: To improve effi ciency in inves� ga� on n casesImplementa� on Strategy:

i) Develop a criteria for priori� zing casesii) Priori� se cases to be inves� gatediii) Address un-priori� sed corrup� on casesiv) Review the criteria for priori� zing cases

Objec� ve #4: To Improve Complaint Management SystemImplementa� on Strategy:

i) Review structure, opera� on and standards for report centreii) Build the capacity of report centre offi cersiii) Opera� onalise the call centre

Objec� ve #5: To ensure an effi cient management system of dockets and exhibitsImplementa� on Strategy:

i) Develop a mini archive for the Bureauii) Conduct record management surveysiii) Build capacity of documenta� ons in handling dockets and exhibitsiv) Redesign documenta� on offi ces to ensure safety and confi den� ality

6.3.5 GOAL #5: ENHANCED EFFICIENCY AND EFFECTIVENESS OF PROSECUTION OF CORRUPTION CASESRa� onale: Slow pace at which cases have been concluded is a source of concern in prosecu� on. Reasons range from bureaucracy in judicial system, limited knowledge by Judges and magistrates in corrup� on ma� ers, high turnover of internal lawyers9, and uncoopera� veness of witnesses as well as quality of inves� ga� ons.

Seizure and recovery of assets in corrup� on cases also needs to be worked on. The Bureau will, therefore, work to fi nd strategies to properly manage frozen or seized assets.

Steps to be taken by the Bureau will include capacity building, intensify supervision of cases, train magistrates and judges in CPA and corrup� on related issues, review and update prosecu� on strategy and propose for establishment of special court to handle corrup� on cases.

Expected Outcomes: 5.1 Improve quality of prosecuted cases5.2 Improve quan� ty of prosecuted cases

Indicators of achievement are as follows:


1.1.1 Propor� on of completed cases resul� ng in convic� ons1.1.2 Value of assets recovered on convicted cases1.1.1 Number of cases completed

Objec� ve #1: To Strengthen the Prosecutorial CapacityImplementa� on Strategy:

i) Develop and implement Capacity Building Strategy for prosecutorsii) Develop prosecu� on proceduresiii) Develop policy and procedure for outsourcing private lawyers

Objec� ve # 2: To Enhance Quality of Prosecu� on of Corrup� on Cases

Implementa� on Strategyi) Supervise prosecu� on of corrup� on casesii) Priori� se prosecu� on of corrup� on casesiii) Facilitate training of judges and magistrates on the CPAiv) Advocate for the establishment of a special court to handle corrup� on related

casesv) Develop a policy to strengthen protec� on of whistle-blowers and witnesses

Objec� ve #3: To Improve Management of seized Assets

Implementa� on Strategyi) Devise an asset management system for seized assetsii) Train offi cers in asset managementiii) Manage seized assets

6.3.6 GOAL #6: STRENGTHENED ADMINISTRATIVE AND FINANCIAL CAPACITY OF THE BUREAURa� onale: The work of the Bureau cannot be effi ciently and eff ec� vely undertaken without adequate administra� ve and fi nancial systems. The Bureau is aware that its systems in areas such as fi nancial, procurement, stores, ICT and fl eet management need constant upgrades to facilitate be� er management and delivery of services. To this end, eff orts will be made to ensure such systems are improved and give best value for money.

The Bureau has limited fi nancial management autonomy with the current arrangement whereby its cheques have to be issued through the Accountant General, resul� ng in delays in eff ec� ng payments and carrying out its core business. In view of this, Bureau will work towards decentralizing its account offi ces to regional offi ces. In addi� on, the Bureau will lobby to delink and decentralize IFMIS so that the Bureau has autonomy in processing payments just like the Malawi Defence Force and Malawi Police Services.

Although, the Government has funded the Bureau based on budgets presented to Treasury, the Bureau heavily rely on development partners. However, expansion in the ac� vi� es of the Bureau requires broadening of the fi nancial resource base.

Expected Outcomes: 6.1 Improved systems and procedures for eff ec� ve opera� ons of the Bureau

Indicators of achievement are as follows: 6.1.1 Systems and procedures for procurement, stores, and fl eet reviewed and

documented


6.1.2 An integrated ICT and data management system in place6.1.3 Staff turnover6.1.4 External audit queries

Objec� ve #1: To Broaden Financial Resource Base Implementa� on Strategy:

i. Develop project proposals to development partnersii. Lobby for addi� onal resources from Government

Objec� ve #2: To Strengthen the Administra� ve and Financial Procedures of the Bureau

Implementa� on Strategy:i) Review, document and implement opera� onal procedures ii) Review and implement condi� ons of services to mo� vate and retain staff iii) Review and implement capacity development strategyiv) Develop and implement health and safety policyv) Decentralise accounts to regional offi ces

Objec� ve #3: To Improve ICT SystemsImplementa� on Strategy:

i) Develop a data recovery systemii) Integrate client server systemsiii) Develop power back-up systemiv) Redesign and maintain website

Objec� ve # 4: To Construct a Purpose Built Offi ces

Implementa� on Strategy:i. Revise architectural designs and es� matesii. Develop proposals seeking funding for the purpose built offi ce

6.3.6 GOAL #7: IMPROVED MEASUREMENT OF RESULTSRa� onale: The An� - Corrup� on Bureau over the years has been cri� cized for its failure to systema� cally measure results of their work. There are a number of inherent issues, which have been a� ributed to this failure to accurately measure the results. However, the core reason is absence and/or weak M&E system.

In an a� empt to assess the corrup� on situa� on in Malawi, the An� -Corrup� on Bureau (ACB) periodically conducts Governance and Corrup� on Survey. However, one of the challenges with this survey is that it is very expensive to conduct. It therefore has been heavily relied on donor funding and it is done infrequently, hence, it does not inform on annual trends in corrup� on. The increasing cost for doing each of the survey has meant that it is not sustainable in the medium to long term despite being a very useful and the only measure for assessing public percep� on on prevalence of corrup� on and eff orts to tackle it.

The ACB recently established an M&E unit in an eff ort to systema� cally measure results of its ini� a� ves. However, the unit lacks in fundamental areas like exper� se, customized tools, etc considering that M&E in an� -corrup� on fi eld is s� ll in an infant stages. To address these challenges, ACB over the next fi ve years will strengthen M&E capacity of the Bureau, improve its informa� on management and repor� ng as well as customize Governance and Corrup� on Baseline Survey.


Expected Outcomes: 6.1 Improved measurement of results

Indicators of achievement are as follows: 7.1.1 Number of quality M&E reports per year7.1.2 A customised Governance and Corrup� on Survey conducted annually

Objec� ve #1: To strengthen M&E func� ons of the ACB i) Develop and sustain M&E framework for the ACBii) Review structure, opera� on and standards for M&E unitiii) Build technical and fi nancial capacity of M&E unitiv) Train offi cers in project managementv) Establish key performance indicators for each pillar of the Na� onal Integrity

System

Objec� ve #2: To Improve Informa� on Management and Repor� ng SystemImplementa� on Strategy:

i. Develop and Opera� onalise a computerised management Informa� on Systemii. Synchronise repor� ng requirements of stakeholdersiii. Develop monitoring results dissemina� ng system

Objec� ve #3: To customize Governance and Corrup� on Baseline Surveyi. Conduct a qualita� ve study to ascertain nature of corrup� on in Malawiii. Develop customized indicators for Governance and Corrup� on Surveysiii. Develop customized tools to enable ACB to conduct surveys annually and cheaply

6.4 Key Success FactorsUnderlying assump� ons needed to achieve expected outcomes in the implementa� on of the ACB 2012-2017 Strategic Plan are as follows:

1. Sustained poli� cal commitment;2. An independent judiciary;3. Strong fi nancial and technical support from Development Partners;4. Goodwill and coopera� on from the public and stakeholders;5. Commi� ed and qualifi ed staff ; and6. Adequate Government funding and other resources.


7.0 IMPLEMENTATION, MONITORING AND EVALUATION FRAMEWORK

7.1 Introduc� onGiven that implementa� on of the Strategic Plan cannot happen in a vacuum, set out below are the ins� tu� onal arrangements that provide guidance to the various bodies that are expected to play cri� cal roles in its implementa� on.

7.2 Monitoring and Evalua� on Bodies and LevelsParliamentParliament in accordance with the Corrupt Prac� ces Act is supposed to receive regular reports on the performance of the Bureau. In this connec� on, the Bureau will provide regular updates to Parliament on the implementa� on of its Strategic Plan, ci� ng achievements being made and challenges being encountered.

Na� onal Integrity Commi� eeAccording to the Na� onal An� -Corrup� on Strategy, the Bureau is expected to serve as the Secretariat of the Na� onal Integrity Commi� ee. In this connec� on, the Bureau will present reports to the Commi� ee on progress being made in the fi ght against corrup� on, especially in ma� ers related to corrup� on preven� on and public educa� on. The Bureau is also expected to receive guidance from the Commi� ee on how best to tackle emerging issues.

Oversight BodyThe oversight body is expected to monitor ac� vi� es of the Bureau. In this regard, it will ensure that the ACB func� ons without poli� cal interference and that it submits reports as s� pulated in the Corrupt Prac� ces Act.10

Strategic Plan Implementa� on Commi� eeTo ensure � mely implementa� on of the strategies set out in this Plan, the Bureau will establish a Strategic Plan Implementa� on Commi� ee to facilitate implementa� on of the Plan. The Commi� ee will also be responsible for marke� ng and publicising the Strategic Plan. The Commi� ee to be chaired by the Bureau Secretary will comprise all Heads of Department, Divisions and Sec� ons. In this regard, each Department will be developing annual work plans in alignment with the objec� ves and implementa� ons strategies. The commi� ee will be reviewing and recommending work-plans to the Director for approval. The Commi� ee will also be responsible for monitoring and evalua� ng implementa� on of ac� vi� es and advise the Director accordingly on progress and emerging issues.

Specifi c ac� vi� es of the Strategic Plan Implementa� on Commi� ee are as follows:

• Review Annual Work Plans;• Monitor and evaluate progress of the implementa� on of planned ac� vi� es;• Report to the Director and other Stakeholders on a quarterly basis;• Publicise and mobilise resources for the implementa� on of the Strategic Plan;

and• Market the new strategy to Government, current and poten� al fi nanciers.

Development PartnersDevelopment Partners will con� nue to play a cri� cal role in suppor� ng the ac� vi� es of the Bureau through provision of fi nancial and technical support.

7.3 Monitoring and Evalua� on ArrangementsMonitoring and Evalua� on (M&E) will be rou� nely done through exis� ng liaison and


management structures and the following reports will be prepared for the Director, funding agencies and key stakeholders as required:

• Consolidated Progress reports will be prepared quarterly. They will provide inputs for annual narra� ve reports to be presented to the Director, oversight body and Parliament and shared with partners and the Na� onal Integrity Commi� ee.

• Monitoring visits to sampled IICs and other networks established to fi ght corrup� on will be conducted quarterly to assess progress made. Monitoring will track all key indicators as presented in the Strategic Plan.

• An annual external evalua� on will be undertaken by a competent fi rm and the report presented to the Director, oversight body, funding agencies and key stakeholders at an Annual Mee� ng.

• Midterm and fi nal evalua� ons will be conducted by external consultants. Feedback sessions on the fi ndings of the external evalua� ons will be organised by the Strategic Plan Steering Commi� ee as required.


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ANNEX 3: SITUATIONAL ANALYSIS1.1 Strengths

The Bureau has over the years developed some strength11 that it can use in the fi ght against corrup� on. The main ones are discussed below.

1. Forma� on of Ins� tu� onal Integrity Commi� eesThe Bureau has managed to assist and support a number of strategic ins� tu� ons in developing policies and regula� ons to curb corrup� on. The Bureau also assisted the same organiza� ons in the forming of Ins� tu� onal Integrity Commi� ees (IICs). Generally, the Bureau has managed to a� ain its annual targets (see Table 1 below).

Table 1: Number of Ins� tu� ons assisted to form the IICs2006/07 2007/2008 2008/2009 2009/2010 2010/2011

Target - - 10 20 20Actual - - 12 33 22

NB: The IIC formed in 2008/09 were formed as An� -Corrup� on Commi� ees because the Bureau was wai� ng for the Launch of the Strategy and the Chief Secretary to issue a circular le� er to all Controlling Offi cers to facilitate forma� on of IICs and this was done on 20th February 2010.

2. Establishment of a Research and Intelligence UnitThe Bureau has established the Research and Intelligence Unit. The Unit aims to enhance knowledge management, communica� on, progress tracking and informing corrup� on preven� on strategies. The Bureau also established a Monitoring and Evalua� on Unit responsible for planning, monitoring and evalua� on of Bureau’s ac� vi� es and programmes.

3. Surpassing of Targets Inves� ga� on Sec� on

Inves� ga� on Sec� on surpassed its set targets for the last two years (see Figure 1 below).

Figure 1

Corrup� on Preven� on Sec� onThe Sec� on managed to surpass targets in the forma� on of IICs as illustrated in table 2


below.Table 2: Number of Ins� tu� ons assisted to form the IICs

2006/07 2007/2008 2008/2009 2009/2010 2010/2011Target - - 10 20 20Actual - - 12 33 22

Public Educa� on Sec� onThe Sec� on managed to surpass its targets in rallies and workshops conducted (see Table 3).

Table 3: Number of Workshops by Public Educa� on

2006/07 2007/2008 2008/2009 2009/2010 2010/2011Target 20 20 20 48 48Actual 27 11 34 34 60

4. Enhancement in the Supervision of work of ProsecutorsThe Bureau recruited an Assistant Director (Legal & Prosecu� ons) to supervise and provide administra� ve oversight for Prosecu� on Department. The sec� on designed a database to track movements and progress of dockets. In addi� on, a court a� endance form has been designed to record progress of cases and also register of bails. These ini� a� ves have resulted in the enhancement of quality, � meliness, monitoring of prosecu� ons of cases.

5. Greater Coordina� on between Inves� ga� on and Prosecu� on DepartmentsThe Bureau has reinforced coordina� on and collabora� on between the Inves� ga� on and Prosecu� on Departments during inves� ga� ons. The Prosecu� on now provides legal opinions and advice during inves� ga� ons. This has improved the quality of inves� ga� ons.

6. Enabling legal instrumentAlthough, the Corrupt Prac� ces Act of 1995 requires some improvement, it is generally adequate in enabling the Bureau fi ght against corrup� on. The Act provides for the Bureau to prosecute those alleged to have commi� ed acts of corrup� on. Notwithstanding, the requirement that the Director of the Bureau s� ll seek consent from the Director of Public Prosecu� ons.

7. Capable and commi� ed leadershipThe Bureau has capable and commi� ed leadership that has managed to inspire confi dence in a cross sec� on of stakeholders. All persons in senior leadership are qualifi ed and well experienced to provide strategic guidance on issues facing the Bureau.

8. Existence of a framework for the systema� c development of staff The Bureau has over� me developed instruments such as the Competence Framework and a Staff Development Plan, which are used for building the capacity of staff in various areas.

9. Good Condi� ons of ServiceThe Condi� ons of Service has enabled the Bureau to a� ract and retain the majority of its professional staff , except for lawyers.


10. Good working rela� ons among offi cersThe rela� onship between offi cers is good, facilita� ng collabora� on and coopera� on, as well as teamwork on cases that the Bureau works on. This has resulted in the Bureau being able to successfully accomplish cases it embarks on.

11. Establishment of offi ces in all the regions of Malawi The establishment of offi ces in all three regions has improved access by complainants and clients to the Bureau. This has been complemented by the use of District Councils as repositories for complaints.

12. Good working rela� ons with other ins� tu� ons within and outside the countryThe Bureau enjoys good working rela� ons with other ins� tu� ons within and outside the country. This has seen the Bureau being able to receive referral cases on alleged corrupt prac� ces from other bodies and technical and other forms of support.

13. Standard Opera� ng ProceduresAlthough Bureau Standing Orders have not been reviewed for a long � me, they provide a basis for control, direc� on and administra� on of opera� ons including discipline, training, recruitment and promo� on of offi cers, fi nancial regula� ons, and such other ma� ers necessary for expedient or preven� on of abuse of offi ce.

The Standing Orders, which refl ect current legisla� on and procedures, assist offi cers of the Bureau in the execu� on of their du� es.

14. Availability of Informa� on from Governance and Corrup� on Survey2005 and 2010 governance and corrup� on surveys provide informa� on on trends, perseverance and emerging issues of corrup� on in Malawi. These surveys provide baseline data for corrup� on.

15. Regular Consulta� ve Donor, CMC, Management CRC in placeThe Bureau has established mechanisms for regular consulta� ons with Donors that has seen it enjoy sustained fi nancial and technical support since its incep� on. The Bureau also has within its structures that allow it to transparently monitor progress of cases.

16. HIV/AIDS Workplace PolicyThe Bureau with funding from Na� onal Aids Commission has developed a policy on HIV/AIDS which guides management on how to address HIV and AIDS issues at workplace.

17. Strong fi nancial management systemACB has over� me developed a fi nancial system that is largely able to account and report on its use of funds allocated by the Government of Malawi and Development Partners.

3.2 Weaknesses

1. Gaps in the Corrupt Prac� ces Act

The CPA s� ll has areas needed to be reviewed. Although the CPA was amended in 2004, there is s� ll a need for further strengthening of the key legal instrument for fi gh� ng corrup� on in such areas as arrests, consent and sentencing and protec� on of whistle blowers. There is


also need for clarity on the appointment and removal of the Director in order to safeguard the independence of the Bureau and for provisions to strengthen oversight of the Bureau’s ac� vi� es, by a professionally competent body.

2. Gaps at leadership levelThe ACB has not yet fi lled the Deputy Director post which has been vacant for over fi ve years. The absence of a Deputy Director was observed to be crea� ng both statutory and opera� onal challenges for the Bureau. The Deputy Director performs func� ons that are similar to those of the Director. In cases where the Director is unable to carry out his du� es, the Deputy Director automa� cally assumes responsibility for command. For example, where the Director declares interest on a ma� er, the cases are presently not inves� gated because it is only the Deputy Director who can authorise an inves� ga� on in such situa� ons. The absence of a Deputy Director has also created other opera� onal challenges whenever the Director is away on other Bureau engagements, as cases requiring authorisa� on easily pile up wai� ng for the Director, which in turn leads to delays in carrying out inves� ga� ons. In addi� on, the absence of the Deputy Director has led to the offi ce of the Director being overwhelmed by cases that could easily have been dealt with by a Deputy to free the Director to respond to policy and strategic ma� ers.

3. Vacancy RateThe Bureau has a vacancy rate of 48.7%. In 2009, the Department of Public Services Management authorized a staff establishment of 246 for the Bureau, with the new posts to be fi lled over a period of fi ve years. The failure to fi ll posts according to plan may compromise implementa� on of the Na� onal An� Corrup� on Strategy.

For example, the Corrup� on Preven� on Sec� on doesn’t have adequate staff (refer to Figure 2 below) in rela� on to the work it is mandated to perform. The sec� on has an establishment of 14 posts and has a vacancy rate of 28.5%. As the focus of the NACS is on preven� ve measures to curb corrup� on, it is diffi cult to see how this will be achieved without an increase in staff numbers.

Figure 2

The prosecu� on team is challenged in the area of staffi ng (see Figure 3). It has a vacancy


rate hovering around 45%. The ACB has begun to take steps to reverse the situa� on, which are beginning to yield posi� ve results. It has managed to retain two prosecutors for over 3 years and has employed some experienced prosecutors to complement its eff orts in eff ec� vely discharging its prosecutorial mandate. This has had the eff ect of diminishing the challenge posed by inexperienced prosecutors as there is close supervision from the more experienced prosecutors.The new establishment in use at the Bureau currently has made the entry point for prosecutors at Senior Level, a rank higher than any entry point in other departments of ACB. This has had a mo� va� ng eff ect on prosecutors. It is yet to be determined whether this situa� on will result in reten� on of prosecutors.

Figure 3

Based on the fl ow of case volume from the Inves� ga� ons Sec� ons to the Prosecu� ons Department, the current numbers of staff if they were working as the standards s� pulate could have been a match (right staff size for the work available). However, it seems the high staff turnover creates a gap in execu� ng the work. The constant fl ow of new recruits tends to increase the accrued learning curve period and could be one of the reasons for the high rate of the acqui� als and referrals.

4. Inadequate Management of DataThe Bureau has yet to develop an integrated ICT management system, as what is currently in place is somewhat fragmented. For example, the capturing of the status of corrup� on preven� on and educa� on ac� vi� es is not an integral part of the exis� ng system. In addi� on, current arrangements in rela� on to monitoring and evalua� on are inadequate, as indicators of performance are lacking, monitoring tools and work plans templates are not standardised.

5. Over centralised fi nancial management system and inadequate administra� ve systems and procedures

The current fi nancial management system at the Bureau is overly centralised resul� ng in ineffi ciencies and responsiveness in the ma� er payments are eff ected and accounts are managed. In addi� on, systems and procedures are not adequate in areas such as procurement, stores management and fl eet management, posing a number of accountability challenges and risks.


6. Aging EquipmentThe Bureau is facing challenges to do with aging equipment as illustrated in table 4 below. There is also the challenge of pressure for addi� onal equipment arising out of the fi lling of new posts.

Table 4: Assets and Respec� ve AgesAsset Category Deprecia� on

Rate (%)Es� mated Useful Life

(ESL)

Total number of

Assets

Items close to end ESL

Percentage of Items to end

of ESLOffi ce furniture and fi � ngs 2.5 4 635 127 20Offi ce Equipment

12.5 8 14515

10

Computers 20 5 280 54 30Motor vehicles 20 5 27 10 37Plant and machinery

12.5 8 1 -

NB: The end of es� mated useful life is as at 2011.

7. Inadequate Offi ce SpaceAs a consequence of the expansion of the staff establishment, the current offi ce space has become inadequate.

8. Inadequacies in the approach to corrup� on preven� on strategies The Corrup� on Preven� on Sec� on has adopted an implementa� on approach in carrying out its work. This in our view is not sustainable given the number of public ins� tu� ons that require assistance. Whilst a ‘hands on’ approach to corrup� on preven� on has helped the Bureau achieve a measure of success, it has serious limita� ons when there are a large number of stakeholders to be assisted.

9. Gaps in the Communica� ons StrategyAccording to the 2010 Corrup� on Percep� on Survey, a number of people from the rural areas do not know how to report corrup� on12. This may be a� ributed to the fact that a lot of IEC materials produced by the ACB are in English and are in mediums that are not accessible to many rural people.

Whilst acknowledging the increase in the number of complaints received probably as result of communica� on messages on corrup� on, the number of cases inves� gated is propor� onally few as many are not corrup� on related (see Figure 4 below).

The Bureau has not done much to devolve ownership of the development of IEC messages to various IIC ins� tu� ons and stakeholders. The materials tend to be developed from the perspec� ve of the ACB and in language and tone that may not refl ect the context of the various stakeholders.

In addi� on, the Bureau does not have a documented Public Rela� ons Strategy for engaging various stakeholders on ma� ers rela� ng the Bureau’s opera� ons. The current approach tends to be largely reac� onary and ad hoc.


Figure 4

10. High Rate of Acqui� als and Low Rate of Cases Completed by the Prosecu� on Department

There is a high rate of acqui� als sugges� ng gaps in either inves� ga� ve or prosecutorial skills. The cases leading to convic� ons versus acqui� als stand at 51:49 ra� o, which in our view is quite high (see Figure 5 below). This means resources in terms of � me and money are wasted. Although, evidence is scanty, we are of the view that there is a lack of suffi cient exposure of inves� gators to fi nance and computer related corrup� on crimes. This view is strengthened by the current recruitment policy that provides for recruitment of graduates regardless of fi eld of study.

Although eff orts have been done to strengthen the Prosecu� on Department its performance has been less than desired, as targets set have not been met. When one looks at the cases referred for prosecu� on versus those completed the performance is at 22% on average (see Figure 5 below). There are a number of reasons for this state of aff airs that include the following:

• Poor reten� on of lawyers (which the Bureau is vigorously addressing)• Unnecessary adjournments• Poor understanding of corrup� on cases by magistrates• Lack of involvement of prosecutors at the inves� ga� on stage leading to

incomplete evidence• Unsa� sfactory performance by witnesses in court due to high illiteracy


Figure 5

The Prosecu� on Department con� nues to have a challenge retaining qualifi ed lawyers. As a consequence, a large number of the Bureau’s lawyers are inexperienced, making it diffi cult to fi eld them on complex cases, hence leading to con� nued reliance on external lawyers.

11. Gaps in the repor� ng system used in the Prosecu� on DepartmentThe repor� ng system in the Prosecu� on Department was defi cient, but has now been improved.

12. Restric� on to arrest without warrantCurrently, the Bureau can only eff ect an arrest with a warrant. However, given the dynamic nature of corrup� on and the need for speed in apprehending those engaged in acts of corrup� on, the restric� on does pose a challenge, which tends to compromise the eff orts of the Bureau.

13. Outdated Bureau Standing OrdersAlthough, the Bureau Standing Orders have provided some basis for its opera� ons, they have not been reviewed for a long � me, rendering them unresponsive to some issues.

3.3 Opportuni� es

1. Comprehensive Strategy for fi gh� ng corrup� onThe work of the Bureau is guided by the Na� onal An� Corrup� on Strategy, which is designed to promote good governance in Malawi. Its purpose is to eradicate corrup� on in all its forms and in all sectors of the Malawi society through an� -corrup� on reforms and promo� on of a culture that is intolerant to corrupt prac� ces. The strategy is a tool which all Malawians, including the Bureau are expected to use in the fi ght against corrup� on.

2. Government Funding and Donor supportOver the last three years, the Bureau has never received less than 5% of its annual budget and the budget has been increasing over the same period (refer fi gure 6 below). The Development Partners have also responded favorably to proposals submi� ed by the Bureau for fi nancial support for a number of ac� vi� es.


Figure 6

3. Public SupportAccording to the 2010 Corrup� on Survey, there is a strong belief among both ordinary ci� zens and public offi cials about government’s genuine commitment to fi ght corrup� on generally and in specifi c public ins� tu� ons. The number of Malawians against corrupt prac� ces is growing as evidenced by the propor� on of respondents that disagreed with the statement that “corrup� on is a natural occurrence and a part of our daily lives, do denounce it is necessary”. In 2006, 72% of the respondents disagreed with this statement while it has risen to 86% in 2010.13

4. ACB recognized as a priority area by GovernmentGovernment’s commitment to the Bureau is refl ected in its policy documents, as well as in its fi nancial contribu� on to the programmes of the Bureau, which have been growing over � me. The trend in the last 5 years is depicted in Figure 6 above. Notwithstanding Government’s con� nued fi nancial support of the programmes of the Bureau, it only accounts for about half of what the Bureau actually needs to eff ec� vely carry out its ac� vi� es, meaning there is a need for the Bureau to advocate for more support from the Government.

5. Vibrant Media in rela� on to corrup� onAccording to the 2010 Corrup� on Survey, ins� tu� ons that were highly rated in helping to combat corrup� on were Media (74%), An� -Corrup� on Bureau (73%) and Religious Bodies (72%), while those poorly rated include the Parliament (40%), Police (36%) and Academics/Teachers (30%). As indicated in the Survey, the Media is playing a crucial role in fi gh� ng corrup� on. There is scope, to have the partnership between the Bureau and Media enhanced even further.

6. Leverage the posi� on of corrup� on as a global problemSince the 1990’s an interna� onalisa� on of an� -corrup� on movements has been evident in the prolifera� on of Transparency Interna� onal chapters. These non-governmental organisa� ons are infl uen� al and have the a� en� on of an interna� onal donor community � red of “leakage” of its development assistance. Having a credible and func� onal an� -corrup� on agency is necessary for a� rac� ng not only donor assistance, but direct foreign


investment.

Malawi is not alone in the fi ght against corrup� on. It can learn from other countries successes and failures. The increased pace of globalisa� on has also seen instances of corrup� on crossing borders and therefore the need to collaborate and create partnerships with other governments and agencies in the fi ght against corrup� on.

7. Poli� cal willThe current Government’s commitment to the fi ght against corrup� on as refl ected in its “zero tolerance” stance against corrup� on is a window of opportunity that can be used by the Bureau to ins� tu� onalise the fi ght against corrup� on in the fabric of Malawian society and ins� tu� ons. In this regard, the eff ort ini� ated by the Bureau to develop an integrity system across the country and to create a culture that is intolerant to corrup� on has fer� le ground for its inculca� on and development under the current poli� cal dispensa� on.

8. Guaranteed ClienteleWhile the percentage of people in the country that believe that corrup� on is a serious problem in the country has declined as compared to 2006, the decrease in not signifi cant as in 2006, 89% or 9 out of every 10 people believed that corrup� on was a serious problem, the propor� on of such people has declined to 83% or 8 out of every 10 people. There is however, a substan� al decline in the propor� on of people who believe the problem of corrup� on has worsened over the last ten years before the survey. In 2006, up to 70% of the households believed that the problem of corrup� on had worsened in the period preceding the survey. This has declined to 52% in 2010. Thus while 7 out of every 10 people in 2006 believed that the problem of corrup� on had worsened, only 5 out of every 10 people believe so in 2010.14

What the survey results show is that corrup� on s� ll con� nues to be a serious problem in Malawi and therefore necessita� ng con� nued eff orts by the Bureau.

9. Availability of global technological advancementThe world con� nues to witness many technological breakthroughs that can be used to advance the fi ght against corrup� on, especially in the area of ICT and telecommunica� ons. The con� nued need for equipment such as computers, scanners, tape recorders, radios is evident, especially with the Bureau’s new staff establishment.

10. Existence of training ins� tu� ons off ering programmes that are relevant to the needs of staff of the Bureau

The Bureau has in the past benefi ted from training by various organisa� ons within and outside Malawi. There will be a need for the Bureau to ensure its con� nued development of its staff to ensure that they remain relevant to an ever changing environment.

11. Stakeholder willingness to work with the Bureau on corrup� on preven� on and educa� on ma� ers

There is an opportunity for the Bureau to expand the scope of its collabora� on and coopera� on with various stakeholders including Civil Society organisa� ons, especially in the area of corrup� on educa� on and preven� on. This will enable the Bureau to move faster in the implementa� on of its programmes.


3.4 Threats

1. Problems in related ins� tu� ons could reduce eff ec� veness of ACBCorrup� on is known to thrive in environments where systems and ethics are weak and there is scarcity of public goods and services. If there is no eff ort to develop strong ins� tu� ons and ensure expanded access to services then corrup� on is bound to thrive in such an environment. The Bureau would endeavour to ensure that ins� tu� ons, especially those prone to corrup� on are assisted to have policies and systems that prevent corrup� on.

The Bureau relies on ins� tu� ons such as the Judiciary for administra� on of jus� ce. It currently does not have a special court for prosecu� ng off ences under the Corrupt Prac� ces Act. This has resulted in delays in prosecu� on of cases, since all cases under the penal code are handled by the same courts. The lengthy nature of many of the trials has tended to erode the confi dence of the public in the Bureau’s ability to competently handle cases. There is an opportunity for the Bureau to advocate for the crea� on of a Special Court to handle off ences under the Corrupt Prac� ces Act. A related ma� er to do with the Judiciary is the incidence of missing documents. A number of documents have gone missing during trial compromising delivery of jus� ce.

2. Unwillingness by Witnesses to tes� fy in CourtThe Bureau has experienced challenges with availability of witnesses to tes� fy in court. Some of the witnesses are afraid of reprisals15 for tes� fying against those accused of corrup� on. This has been compounded by delays in ma� ers being taken to court and in a failure to amend the Corrupt Prac� ces Act to strengthen provisions to do with protec� ng whistle blowers.

3. High Expecta� ons of the PublicThe zero tolerance declara� on by Government against corrup� on has created vey high public expecta� ons. Even though there is a strong belief among both ordinary ci� zens and public offi cials about the government’s genuine commitment to fi ght corrup� on generally and in specifi c public ins� tu� ons, there is also a reported general sense of loss of confi dence in the government’s an� -corrup� on strategy.16

4. High Donor DependencyEven though, Government has by and large been able to meet the budgetary needs of the Bureau, it has had to seek the support of donors for many of its ac� vi� es. However, recent developments between Government and donors, especially the rela� onship with the Bri� sh Government and the absence of a programme with the Interna� onal Monetary Fund (IMF) has raised fears about withdraw or suspension of donor aid. If reported withdraws of donor aid are extended to the Bureau, it will have a nega� ve impact on its ac� vi� es, resul� ng in a reversal of the gains made. Notwithstanding these developments, it is clear that the an� corrup� on agenda may not be eff ec� vely funded through Government of Malawi coff ers necessita� ng con� nued donor support in some form. This might entail expanding the number of donors and methods used for suppor� ng an� -corrup� on ac� vi� es.

5. Lack of willingness to report corrup� onAccording to the 2010 Governance and Corrup� on Survey, some of the reasons for ci� zen’s failure to report corrup� on were that they did not know where to report or they were concerned about poten� al harassment, while most public offi cials felt the cases could not


be proved or the process was too long and complex.17

6. Loss of public confi dence in the fi ght against Corrup� onThere is rather a general sense of loss of confi dence in the government’s an� -corrup� on drive as evidenced in 2010 Governance and Corrup� on Survey in which 75% of the respondents said that the fi ght against corrup� on was eff ec� ve in 2005 only 59% felt so in 2010.

7. Economic InstabilityAlthough, Malawi has made signifi cant economic progress in recent years, it s� ll faces many challenges that cannot be adequately addressed through its revenue base. This means that it is likely to con� nue facing scarcity of goods and services of various kinds and may not have the capacity to develop and sustain corrup� on preven� on measures, crea� ng an environment conducive for corrup� on.

8. HIV and AIDs PandemicAlthough, eff orts to fi ght HIV and AIDS are bearing fruit, as the prevalence rate has stabilised at around 14% na� onally, there are indica� ons that persons with strong economic means are s� ll increasingly vulnerable to the virus. The Bureau recognises the threat that HIV and AIDS poses and has with the help of Na� onal AIDS Commission put in place an HIV and AIDS Policy and Programme. As the impact of this ini� a� ve, has yet to be evaluated it is fair to say that it has not completely eliminated the threat of HIV and AIDS and therefore the need for con� nued eff orts to fi ght against the pandemic.

9. Unwillingness of some ins� tu� ons to join the ACB in fi ght against Corrup� onOver� me, the Bureau has observed a reluctance of some ins� tu� ons to join in the fi ght against corrup� on. One measure of involvement of an ins� tu� on is for its leadership to con� nuously advocate for behavioural change on ma� ers related to corrup� on. Currently, such leaders are in short supply. Except for the State President, one does not fi nd many leaders passionately advoca� ng for a corrupt free society.


ANNEX 4: STAKEHOLDER ANALYSIS

Stakeholder(s)Obliga� ons of ACB towards its

StakeholdersObliga� ons of Stakeholders

towards ACBExecu� ve o Facilitate development of IICs,

corrup� on preven� on policies, corrup� on Ac� on Plans

o Conduct awareness programmes on corrup� on related ma� ers

o Increase capacity of public ins� tu� ons to fi ght corrup� on within the ins� tu� ons

o Ensure unwavering poli� cal will to fi ght corrup� on through support to ACB, FIU, NAO, and ODPP.

o Develop and table relevant bills in Parliament such as Access to Informa� on and Declara� on of Assets, etc that are important in preven� ng corrupt prac� ces.

o Ensure that offi cers in key posi� ons declare their assets before assuming offi ce.

o Provide effi cient and equitable public services

o Commission research and disseminate results on governance and corrup� on

o Include corrup� on issues in school curriculum

o Empower local councils to fi ght corrup� on

o Support the Na� onal Integrity System Legislature o Facilitate development of IICs,

corrup� on preven� on policies, corrup� on Ac� on Plans

o Conduct awareness programmes on corrup� on related ma� ers

o Enact laws to promote government integrity, accountability and transparency

o Amend the Parliamentary and Presiden� al Elec� ons Act, Cap 2:01 to incorporate corrup� on issues

o Provide posi� ve checks and balances on the Execu� ve

o Confi rm appointments in public ins� tu� ons � mely

o Draw code of conduct for Members of Parliament




towards ACBJudiciary o Facilitate development of IICs and

corrup� on policieso Conduct awareness programmes o Train judicial offi cers in the

Corrupt Prac� ces Act

o Enforce laws against corrup� on in Malawi

o Ensure impar� al judgment in corrup� on cases

o Handle corrup� on cases � melyo Build capacity of magistrates and other

judicial offi cers in corrup� on issues and the Corrupt Prac� ces Act

Civil Society o Conduct awareness programmes o Form an� -corrup� on clubso Build capacity of CSOs to tackle

corrup� ono Develop corrup� on preven� on

measureso Strengthen the Civil Society

Ac� on Against Corrup� on

o Educate the masses on the evils of corrup� on issues, protec� on of whistleblowers, etc.

o Lobby for relevant legal frameworks transparency, integrity, accountability in the public service

o Publicize and denounce corrupt prac� ces

o Denounce visible transparency and accountability in the way they conduct themselves.

Private Sector o Facilitate capacity building on ma� ers related to corrup� on for representa� ves of the private sector, such as MABCATA, MCCCI, etc on establishment of policies, codes of conduct, corrup� on preven� on measures

o Lobby for a review of laws which aff ect the private sector such as Companies Act, Cap 46:03 etc to incorporate issues to do with corrup� on

o Educate business community on issues of corrup� on

o Enhance communica� on on issues of corrup� on between the private sector, civil society and Government

Media o Orient media prac� � oners on the Corrupt Prac� ces Act

o Develop code of conduct and corrup� on preven� on measures

For media bodies

o Disseminate informa� on on corrup� on from various stakeholders to the public

o Inves� gate, publicize and denounce corrupt prac� ces and corrup� on cases

o Monitor and evaluate ac� vi� es of various stakeholders to ascertain eff ec� veness of their programmes




towards ACBTradi� onal Leaders

o Establish IICso Orient Chiefs on the defi ni� on

and nature of corrup� on and procedures for repor� ng it

o Educate their subjects in corrup� on issues

o Support other stakeholders as they carry out an� -corrup� on campaigns in their areas

o Ensure fair distribu� on of customary land

o Ensure impar� al resolu� on of confl ictso Monitor stakeholders implemen� ng

projectso Establish a tradi� onal leader’s body

against corrup� onFaith Based Organiza� ons

o Facilitate collabora� on with FBOs for advocacy against corrupt prac� ces

o Orient FBOs on the CPA

o Preach against corrup� ono Incorporate corrup� on issues in their

organiza� on’s programmes, especially youth programmes

o Lobby Government for laws to promote integrity, transparency and accountability in all sectors of society

o Lead by example by promo� ng accountability


APPENDIX 1: List of Stakeholders ConsultedNAME DESIGNATION ORGANISATION

Mr. A.E. Nampota Director An� -Corrup� on Bureau

Mr. V.C. Banda Assistant Director (Opera� ons) An� -Corrup� on BureauMr. D. Nyamirandu Assistant Director (Legal and

Prosecu� on)An� -Corrup� on Bureau

Mr. C.E. Kaminjolo Ac� ng Bureau Secretary An� -Corrup� on BureauMr. I. Musopole Senior Corrup� on Preven� on Offi cer An� -Corrup� on BureauMrs. M. Phombeya Chief Corrup� on Preven� on and Public

Educa� on Offi cerAn� -Corrup� on Bureau

Mr. M.D. Tholo Senior Human Resources Management and Development Offi cer

An� -Corrup� on Bureau

Mr. V. Liwonde Senior Inves� ga� ons Offi cer An� -Corrup� on BureauMr. J. Munthali Senior Inves� ga� ons Offi cer (Training) An� -Corrup� on BureauMrs. C. Mphande Principal Public Educa� on Offi cer An� -Corrup� on BureauMr. B. Chima� ro Senior Public Educa� on Offi cer An� -Corrup� on BureauMr. P. Nyirongo Inves� ga� ons Offi cer An� -Corrup� on BureauMr. D. Mponda Principal Inves� ga� ons Offi cer An� -Corrup� on BureauMr. C. Nthenda Principal Offi cer- Civic educa� on Centre for Human Rights and

Rehabilita� onMrs B. Liwimbi Research & Training Coordinator Centre for Human Rights and

Rehabilita� onMr. R. Nyalugwe Programme Assistant Centre for Human Rights and

Rehabilita� onMr. M. Kaiyatsa Project Offi cer Centre for Human Rights and

Rehabilita� onMr. E. Jeluza Offi ce Assistant An� -Corrup� on BureauMrs. M. Kamsesa Secretary An� -Corrup� on BureauMr. R. Mlenga Driver An� -Corrup� on BureauMr. B. Chagunda Assistant Documenta� on Offi cer An� -Corrup� on BureauMr. M. Ngosi Senior Inves� ga� ons Offi cer An� -Corrup� on BureauMr. A. Chadaine Driver An� -Corrup� on BureauMr. H. Chimwala Driver An� -Corrup� on BureauMrs. L. Kapengule Secretary An� -Corrup� on BureauMrs. Y. Chinoko Systems Analysts An� -Corrup� on BureauMr. M. Chipangula Driver An� -Corrup� on BureauMr. A. Chingwengwe Monitoring and Evalua� on Offi cer An� -Corrup� on BureauMrs. M. Mikuwa Procurement Offi cer An� -Corrup� on BureauMr. G. Kadammanja Internal Auditor An� -Corrup� on BureauMr. M. Kamowa Assistant Administra� ve Offi cer An� -Corrup� on BureauMs. R. Malata Secretary An� -Corrup� on BureauMr. D. Nyanjagha Driver An� -Corrup� on BureauMr. G. Mbulaje Driver An� -Corrup� on BureauMr. F. Phelatu Driver An� -Corrup� on BureauMr. Z. Chisale Driver An� -Corrup� on BureauMr. P. Tembo Senior Accountant An� -Corrup� on BureauMrs. E. Ndala Senior Public Rela� ons Offi cer An� -Corrup� on BureauMr. J. Maenje Principal Inves� ga� ons Offi cer An� -Corrup� on Bureau


NAME DESIGNATION ORGANISATIONMr. A. Likwanya Senior Prosecu� ons Offi cer An� -Corrup� on BureauMrs. Grace Hiwa Senior Prosecu� ons Offi cer An� - Corrup� on BureauMr. C. Khunga Principal Prosecu� ons Offi cer An� -Corrup� on BureauMr. E. Kamkwete Senior Inves� ga� ons Offi cer An� -Corrup� on BureauMs. L. Kumitengo Senior Inves� ga� ons Offi cer An� -Corrup� on BureauMr. C. Nyirenda Ac� ng Senior Administra� ve Offi cer An� -Corrup� on BureauMr. B. Phiri Senior Assistant Prosecu� ons Offi cer An� -Corrup� on BureauMr. G. Mpagaja Senior Assistant Prosecu� ons Offi cer An� -Corrup� on BureauMs. M. Nyirenda Librarian An� -Corrup� on BureauMrs. A. Mweta Public Educa� on Offi cer An� -Corrup� on BureauMr. P. Thole Public Educa� on Offi cer An� -Corrup� on BureauMr. T. Billiat Assistant Documenta� on Offi cer An� -Corrup� on BureauMr. B. Chagunda Assistant Documenta� on Offi cer An� -Corrup� on BureauMr. A. Beka Offi ce Assistant An� -Corrup� on BureauDr. Fabiano Deputy Director Malawi Ins� tute of Educa� onDr. Fabiano Vice Chancellor University of MalawiMr. J. Alide Director Alide and Associate Legal

ConsultantsMs J. Liabunya Governance advisor Royal Irish EmbassyMr. J. Sherry Second Secretary Royal Irish EmbassyHon. J. Tembo Leader of Opposi� on in Parliament Parliament of MalawiRev. L. Nyondo Secretary General Synod of LivingstoniaMr. C. Kaferapanjira Chief Execu� ve Offi cer Malawi Chamber of Commerce

and IndustrySheik Ndeketa Zone Coordinator Muslim Associa� on of MalawiMr. C. Bwanali Financial Director Muslim Associa� on of MalawiMr. S. Jambo Execu� ve Director Muslim Associa� on of MalawiRev. Dr. Bvumbwe Chairman Na� onal Integrity Commi� eeMr T.C. Mtegha Chief Execu� ve Offi cer Northern Region Water BoardMr M. Chikankheni Chief Execu� ve Offi cer Dulux – Chair of Malawi

Chamber of Commerce and Industry

Mr D. Chambamba Human Resources & Administra� on Manager

Southern Region Water Board

Father G. Buleya Secretary General Episcopal Conference of MalawiMrs R. Kanyuka Director of Public Prosecu� ons Ministry of Jus� ce and

Cons� tu� onal Aff airsMrs F. Fatuma Senior State Advocate Ministry of Jus� ce and

Cons� tu� onal Aff airsMr I. Chilima Deputy Director Offi ce of the Director of Public

ProcurementDr F. Kadyoma Deputy Director Malawi Ins� tute of Educa� onMr. Mtonga Ac� ng Execu� ve Director CONGOMA


APPENDIX 2: LIST OF DOCUMENTS REVIEWED

1. Na� onal An� Corrup� on Strategy (2008)2. Corrupt Prac� ces Act Cap 7:04 of 19953. An� Corrup� on Bureau Strategy 2007-2011 (Strategic Plan)4. Bureau Standing Orders5. ACB DFID Report 2009-20106. ACB DFID Report 2009-2010 Financial Report7. Review of DFID RNE support to ACB 2007-20088. Policy Framework Paper for the Democra� c Governance Sector in Malawi9. An� Corrup� on Commissions ‘Panacea or Real Medicine to Fight Corrup� on’ –

World Bank Ins� tute (2004)10. Governance and Corrup� on Baseline Survey 200511. Governance and Corrup� on Survey 2010 12. An� -Corrup� on Bureau Establishment Review 200913. Performance Appraisal Form (in force)14. Exis� ng Organisa� onal structure15. Agreement between Norwegian Ministry of Foreign aff airs and The Government

of the Republic of Malawi regarding support to the Plan/Strategy for the An� -Corrup� on Bureau

16. Declara� on of Fundamental Principles and Rights at work17. Malawi Cons� tu� on18. Royal Irish Embassy Country Plan 201019. Reading the Signs of the Times – ECM Publica� on 201020. Government of Malawi Response to Reading the Signs of the Times


(Footnotes)1 The facilitation of service charters has since been left to the Office of the President and Cabinet.2 75 per cent of the respondents in the Governance and Corruption Survey 2010 felt that the anti-corruption strategy was effective in 2005 and 59 per cent felt so in 2010. It needs to be emphasised that the reference is not specific to the NACS, but to the manner corruption has been tackled.3 Malawi Growth and Development Strategy (p69)4 75 per cent of the respondents in the Governance and Corruption Survey 2010 felt that the anti-corruption strategy was effective in 2005 and 59 per cent felt so in 2010.5 The Consulting team is of the view that there has not been adequate communication to handle public perception.6 The Consulting team is of the view that there has not been adequate communication to handle public perception. Perceived selectivity will also be addressed under Strategic Goal 57 This is a proxy indicator 8 Special cases include, but not limiting to, financial, e-related and complaints requiring urgent response9 Issues of high turn-over will be addressed under Goal 610 NACS page 9.11 Strengths are attributes, acquisitions and any other resources that can meaningfully utilised for a more and enhanced strategic undertakings of an organisation.12 Of the respondents 70% were not sure where to report the cases to

13 Governance and Corruption Survey 201014 Governance and Corruption Survey 201015 Governance and Corruption Survey 201016 Governance and Corruption Survey 201017 Ibid Governance and Corruption Survey 2010