Reports show that British National Crime Agency (NCA) keeps on torturing businessman Zuneth Sattar by unlawful arrests on suspected corruption act with Malawi government.
Sattar who is a successful Malawian businessman is being denied access to his assets, businesses as if he has been already sentenced.
The British NCA act on Sattar is unacceptable in the court of law.
The agency actions are not based on proper legal procedures but rather jealousy over the Sattars successes.
For starters, NCA has been investigating Sattar without proper involvement of Malawi government particular office of Attorney General (AG), Police, immigration and Director of Public Prosecution (DPP).
The agency only uses embattled Anti-Corruption Bureau (ACB) Martha Chizuma who works with social media friends.
To this far, Malawi government has never complained anything to Britain on Sattar business dealings with the state.
The British NCA in the said investigations has never probe on any Malawi government official on the alleged corruption but only focusing on supplier. What are the Britons interests?
This is why both AG and DPP have always told Chizuma to seriously look into the matter with sober minds than being emotional and personal vendetta.
One of Malawi government’s ministry of justice officials reveled that NCA has failed to establish real public officers who were involved in the alleged corruption while targeting the suppliers only, who is Sattar.
He added that NCA frequent arrests on Sattar is aimed at torturing him due to envy and jealousy on his successes.
“The British NCA are in a fix on how to proceed with their illegal investigation on alleged corruption probe; firstly, AG, DPP, NIB and Immigration were by-passed this means by law their (NCA) work is invalid. Secondly, there is only one side the British NCA and Chizuma are interested on supplier only not public officers who requested the services.
“If Sattar as supplier is being questioned for contract. Where is the buyer’s statements or explanation? Nothing is done or questioned. No witness statements either. Sattar is a target of Harassment. According to law. Supplier is the last to be asked. Buying entity is first to be questioned. But buying entity is free and only the supplier is harassed,” said the source.
The source added further that AG, DPP do not have enough grounds to prosecute someone which later will cost government heavily.
“With also the leaked audio case in court puts the British NCA on spotlight disarray which was also mentioned in the audio. The audio exposed all NCA and Chizuma (not ACB office) personal vendetta on businessman Sattar. Chizuma’s public trust is gone,” says the source.
ACB acted illegally by communicating and accepting a team from NCA to operate and run affairs in Malawi without permission.
However, AG Nyirenda told the news conference early this year that; “My office is ready to cooperate with the United Kingdom on exchange of evidence through normal diplomatic channels on prescribed legal framework while at the same time respecting the sovereignty of the two countries.”
Nyirenda added that the Immunities and Privileges Act plus the Vienna Convention on diplomatic relations as well as the Vienna Convention on Consular Relations to recover any money that might have been illicitly transferred from Malawi to United Kingdom shall be used.
“The office shall also ensure that all legal formalities including the prescriptions under the mutual assistance in criminal matters act are followed to the letter when collecting evidence from the UK or sending evidence to the UK to avoid needless and undeserving acquittals or needless and undeserving loss of lawsuits and a matter of compliance with the rule of law,” he said.
Both the AG and DPP argue that ACB contravened the Laws of Malawi: Chapter 8.04 and Chapter 16.01 which deals with mutual assistance in criminal matters and immunities and privileges respectively.
The NCA has so far not made any request to have the information shared with Malawi government either.
What is always being communicated is that Sattar has been arrested, properties freezed without Malawi government involvement.
Prosecuting Sattar without Malawi government involvement is against international statutes while violating someone rights to business.
The British NCA must respect Malawi as sovereign state, period.
I see nothing wrong in the manner the NCA is handling Sattar’s money/property investigations. The money or property’s involved is associated with the alleged crimes and as such they could at anytime be used as evidence in court. That is the same as releasing a knife to an alleged assassin who used that knife to kill a victim and someone turns around and says the killer wants his knife back because he wants to use it to cut meat in his house.
The mere fact that Sattar is a citizen of the UK as well as Malawi and that he used money sourced from another country on the British soil whose finances are linked with money laundering issues; that on its own has to be cleared by a competent court in a civilised country. If Malawi finds nothing wrong with what Sattar did to Malawian taxes, that is alright based on the nature and degree of the act according to Malawian law. The British will not allow and entertain criminality to be perpetrated in their country hence the stance they are taking.
People say where there is smoke, there definitely should be a fire somewhere. With time this Sattar movie will eventually unfold. Sattar will be required to name his business partners in Malawi who willingly chose to use donations from the British tax payers money to be given to him. That is where the whole story becomes interesting and goes on to involve the two governments. Mulandu suwola.