The Anti-Corruption Bureau (ACB) finalised a lifestyle audit manual in February this year.
But implementation of this anti-corruption tool faces delay after Cabinet referred the draft to the Ministry of Justice, requesting constitutional amendments.
ACB designed the manual to enhance transparency by scrutinising individuals’ wealth against their known sources of income.
The document has been hailed as a key tool in tackling corruption.
ACB spokesperson, Egrita Ndala, said the institution
submitted the Lifestyle Audit Manual to the Office of the President and Cabinet (OPC).
“The Bureau has been advised to review Section 32 of the Corrupt Practices Act so that it incorporates what is contained in the Lifestyle Audit Manual and includes both private and public officers,” Ndala said.
But commentators have warned that the delay could undermine efforts to strengthen governance and reduce graft in the country, although they have stressed the importance of ensuring that the manual is strong.
Malawi Law Society chairperson, Patrick Mpaka, said Friday that without a robust lifestyle audit framework and stronger public asset declaration laws, the country’s fight against corruption remains vulnerable.
“Under s.13 of the Constitution, the state is directed to adopt and implement policies aimed at promoting the welfare and development of the people of Malawi—a policy like this would be within the mandate of the government to consider and adopt if it helps to support the fight against corruption.
“The same Constitution cannot be used to reject such a policy if the state is committed to the fight against corruption,” Mpaka said.
The government has yet to announce a timeline for revising and resubmitting the manual to the Cabinet.
Ministry of Justice spokesperson Frank Namangale said he needed more time to comment on the matter.
National Advocacy Platform chairperson Benedicto Kondowe said the absence of a lifestyle audit manual and weak enforcement of assets declaration laws significantly undermine Malawi’s fight against corruption.
“Lifestyle audits are a critical tool in exposing unexplained wealth and holding individuals accountable, especially beyond the public sector.
“Without this manual, the Anti-Corruption Bureau’s capacity to investigate and deter corruption is constrained,” Kondowe said.
Centre for Human Rights and Rehabilitation Michael Kaiyatsa also said lifestyle audits are integral to tackling corruption.
Such audits, he said, serve as a mechanism to identify and investigate cases where individuals’ lifestyles are inconsistent with their known sources of income.
“Without this manual, the ACB lacks a robust framework to conduct these audits effectively. This creates a gap in the country’s anti-corruption strategy, as lifestyle audits would significantly deter illicit wealth accumulation and foster greater transparency,” said Kaiyatsa.
He said this is the same as the declaration of assets law; although he said it is not biting enough because it lacks the enforcement and punitive measures needed to deter non-compliance or false declarations.
The lifestyle audit manual mandates institutions like the ACB to conduct lifestyle reviews and work collaboratively with other agencies to prevent and address financial crimes.
It describes lifestyle audit as a systematic review designed to assess whether a person’s standard of living aligns with their lawful income.
They serve as a tool to promote transparency, trace stolen assets, and ensure compliance with tax laws.
According to the manual, by identifying unexplained wealth, lifestyle audits help curb financial irregularities and preserve the integrity of government and private sector resources.
These audits aim to detect discrepancies between individuals’ declared income and their living standards, targeting corruption, tax evasion, and asset misappropriation.
In terms of gathering evidence, such audit would rely on diverse information sources, such as public complaints, suspicious transaction reports, and asset declarations.
Data is collected from financial records, tax returns, utility bills, and even personal behaviours or media reports.
Advanced techniques, including on-site visits and the use of technology to track spending patterns are employed to identify hidden assets and verify ownership.
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