Legal Parliamentary Committee Trashes Section 42 of the Corrupt Practices Act

The Legal Affairs Committee of Parliament has faulted Section 42 of the Corrupt Practices Act that requires the Anti-Corruption Bureau (ACB) to seek consent from the Director of Public Prosecutions (DPP) before a prosecution commences.

Chairperson of the committee, Peter Dimba, says its members separately met DPP Steven Kayuni and ACB Director-General Martha Chizuma after which, it has appreciated circumstances concerning granting consent in the Ashok Nair case and others.

The lawmakers reportedly noted the section is an “unnecessary hurdle”

Dimba has told journalists in Lilongwe that the section also interferes with ACB’s independence in the prosecution of cases.

The committee has, therefore, indicated that it will move a Private Member’s Bill on the matter to remove the section so that ACB should not be seeking consent from the DPP.