“Parliament has powers to probe corruption”-Mwaungulu

LILONGWE-(Maravi Post)-Retired Supreme Court of Appeal Judge Justice Dunstain Mwaungulu has weighed into Malawi’s growing debate over parliamentary oversight, arguing that the National Assembly can investigate suspected corruption and conduct inquiries, but cannot determine criminal guilt or prosecute suspects.

Local media reports indicate that the debate intensified after Information Minister Shadric Namalomba publicly questioned Parliament’s authority to investigate corruption, insisting that suspected criminal offences should be referred to law enforcement agencies.

The dispute has also drawn attention to Speaker of the National Assembly Sameer Suleman’s efforts to pursue parliamentary investigations into alleged governance failures and misuse of public resources.

Justice Mwaungulu’s position highlights the distinction between Parliament’s oversight responsibilities and the legal functions of institutions responsible for investigating crimes and prosecuting suspects.

He maintains that when parliamentary inquiries uncover evidence pointing to possible criminal wrongdoing, the findings should be referred to the appropriate authorities for further investigation and possible prosecution.

These institutions include the Malawi Police Service, the Director of Public Prosecutions, the Anti-Corruption Bureau (ACB) and other agencies mandated to investigate financial crimes.

The controversy comes amid wider disagreements over the legality of proposed parliamentary committees intended to scrutinise public institutions and investigate concerns involving public resources. Previous media reports have indicated that the High Court issued an order restraining the establishment or operation of the proposed committees pending further court proceedings. <Cite refs={[“turn393442search5″,”turn393442search6”]}/>

At the centre of the debate is how Malawi can strengthen accountability while respecting the constitutional responsibilities of Parliament, the Executive, law enforcement agencies and the Judiciary.

The issue remains significant because effective oversight can help expose suspected misuse of public funds, while criminal investigations and prosecutions must be handled by institutions legally empowered to carry out those functions.