TREASON CONTRARY TO SECTION 38 OF THE PENAL CODE READ TOGETHER WITH SECTIONS 278 AND 283 OF THE PENAL CODE AND SECTION 32 OF THE CORRUPT PRACTICES ACT Section 38 of the Penal Code (Cap. 7:01 of the Laws of Malawi) (1) Any person who— (b) Prepares, endeavours or conspires to procure by force any alteration of the policies of the lawfully constituted Government shall be guilty of treason and shall on conviction be sentenced to death. (2) In this section, the expressions— (a) "The lawfully constituted Government” includes the President and any Minister of the Government; (b) "Force” means either— (i) force used in such a manner as, whether by reason of the number of persons involved or the means used or both, to imperil or be likely to imperil the safety of the State or to cause, or be likely to cause, death or grievous bodily harm or serious damage to property, or (ii) a show of aggression calculated to arouse reasonable apprehension that force, as defined in subparagraph (i) will be used; Public officers at the Treasury General’s Office, Accountant General’s Office, the Reserve Bank of Malawi, Office of President and Cabinet, Office of Director of Public Procurement, Auditor General’s Office and other Government Departments, Statutory Corporations, agencies and purported suppliers of goods and services to Government Departments, agencies and Statutory Corporations are stealing money from the Consolidated Fund by tempering with the Integrated Financial Management System, forging documents, fraudulently false accounting for financial transactions thereby altering the policies of the Government of the Republic of Malawi by causing serious damage to the public resources meant for the provision of services to the citizens of the Republic of Malawi in public institutions. For instance, Mr. Sithole caused damage to the funds meant for Climate Change Mitigation Programme which could have benefited a majority of the citizens of the public of Malawi. Consequently, the programme has not been fully implemented, thereby affecting the implementation of the GOVERNMENT OF MALAWI’S NATIONAL ENVIRONMENTAL POLICY developed by the ENVIRONMENTAL AFFAIRS DEPARTMENT under the MINISTRY OF NATURAL RESOURCES AND ENVIRONMENTAL AFFAIRS in JUNE 2004. In addition, the shooting of Mr. Phwiyo, the Budget Director on allegation that he is implementing a zero tolerance policy to fraud and corruption in the public service clearly shows that disgruntled public officers and purported suppliers of bogus services and goods to public institutions want to alter the Government’s policy of fighting corruption and fraud in the public services. Therefore, suspected public officer have to be charged with treason as an umbrella case covering theft by public officers and possession of unexplained property by public officials.
Posted on: Sun, 06 Oct 2013 10:59:09 +0000
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