STRATEGIC PLAN FOR THE ANTI-CORRUPTION BUREAU (ACB) ( )

STRATEGIC PLAN FOR THE ANTI-CORRUPTION BUREAU (ACB) (2012 2017) Promo ng a Culture that is intolerant to Corrup on Office of the Director An Corrup on Bureau P. O. Box 2437 Lilongwe Tel: (265) 1 770 370 Email: an -corrup on@acbmw.com Website: www.acbmw.com

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PREFACE I am pleased to present the 2012-2017 Strategic Plan that will be implemented under the theme Promo ng a Culture that is Intolerant to Corrup on. The Plan marks an important milestone in the fight against corrup on, as it comes at a me that governance is becoming an increasingly cri cal element in the fabric of the Malawi na on, in general and development endeavours of the country in par cular. The Plan builds on the success and limita ons of the 2007-2011 Strategic Plan. The Plan is aligned to the Malawi Growth and Development Strategy (MGDS) and the Policy Framework Paper issued by the Ministry of Jus ce and Cons tu onal Affairs, as well as the Millennium Development Goals (MDGs). I note with sa sfac on that the Plan was developed using a highly par cipatory process involving a cross sec on of stakeholders and extensive review of literature. The Plan also benefited from the experience of an -corrup on agencies around the world and analysis of topical issues in the area of corrup on and governance. As ACB forges ahead with the fight against corrup on, it is pleasing to note the commendable strides it has made in the past five years that include raising awareness on the evils of corrup on, steering the development and implementa on of the Na onal An Corrup on Strategy, surpassing of output targets, sustenance of strong donor confidence in its programmes, and reten on of a cri cal mass of dedicated and experienced staff. Notwithstanding the impressive performance, there are also some notable areas in which it can do be er and new ones it can pursue. In order to tackle the challenges that lie ahead, the Bureau will build on its strengths and the trust it enjoys amongst its key stakeholders in implemen ng well-tested ini a ves, as well as new and innova ve ones in an ever changing and dynamic landscape. I wish to express the hope that the spirit of coopera on among stakeholders that characterised the development of the 2012-2017 Strategic Plan will con nue into its implementa on, as it will take more than the Bureau to ensure its success. I would also want to believe Government and Development Partners will con nue to provide unwavering support to the Bureau as it leads the fight against corrup on. Director An Corrup on Bureau Page 3

o Vision A ainment of a Corrupt-free Malawi Mission To create a corrupt free Malawi that promotes good governance through corrup on eradica on programmes for socio-economic development Quality service delivery Core Values We will deliver services to our clientele in an efficient, effec ve and independent manner. o Personal and professional conduct We will at all mes perform our du es with the highest degree of integrity, honesty, competence, commitment, due diligence and without compromising on confiden ality. o Cons tu onal and legal principles We will at all mes reinforce and adhere to all cons tu onal and legal provisions. o Adapta on We will adapt and be responsive to changing needs and circumstances. Page 4

TABLE OF CONTENTS PREFACE 3 ABBREVIATIONS AND ACROYNMS 7 ACKNOWLEDGEMENTS 8 EXECUTIVE SUMMARY 9 1.0 INTRODUCTION AND BACKROUND 11 1.1 Ra onale and Jus fica on for the Strategic Plan 11 1.2 Strategic Planning Process 11 1.3 Genesis of the Bureau 11 2.0 MANDATE AND INSTITUTIONAL SET UP OF THE BUREAU 13 3.0 CONTEXT 14 3.1 Introduc on 14 3.2 Fight against Corrup on in Malawi 14 3.3 Governance and Development 14 4.0 REVIEW OF THE 2007-2011 STRATEGIC PLAN 15 4.1 Key Achievements 15 4.2 Key Challenges 15 4.3 Lessons Learnt 16 5.0 SITUATIONAL ANALYSIS 17 5.1 Introduc on 17 5.3 Strengths and Weaknesses 18 5.4 Opportuni es and Threats 18 5.5 Stakeholders Analysis 19 6.0 STRATEGIC FRAMEWORK 20 6.1 Introduc on 20 6.2 Overall Goal 20 6.3 Strategic Goals, Objec ves and Implementa on Strategies 20 6.4 Key Success Factors 27 7.0 IMPLEMENTATION, MONITORING AND EVALUATION FRAMEWORK 28 7.1 Introduc on 28 7.2 Monitoring and Evalua on Bodies and Levels 28 7.3 Monitoring and Evalua on Arrangements 28 Page 5

ANNEX1: Abridged Strategic Plan Logic Framework 30 ANNEX 2: Current Acb Organisa onal Structure 33 ANNEX 3: Situa onal Analysis 34 APPENDIX 1: List of Stakeholders Consulted 49 APPENDIX 2: List Of Documents Reviewed 51 Page 6

ABBREVIATIONS AND ACROYNMS ACB Strategic Plan for the 2012-2017 ACB CPA CPIB CSOs CRC CMC HIV/AIDS FIU ICAC ICT IICs IEC IMF MABCATA MHRC MDGs MGDS NACS NASFAM NAO NIC NIS ODPP PESTEL SIU SOCAM SWOT TAMA An -Corrup on Bureau Corrup on Prac ces Act Corrup on Prac ces Inves ga on Bureau Civil Society Organiza ons Complaints Review Commi ee Case Management Commi ee Human Immunodeficiency Virus Acquired Immune Deficiency Syndrome Financial Intelligence Unit Independent Commission Against Corrup on Informa on Communica on and Technology Ins tu onal Integrity Commi ee Informa on, Educa on and Communica on Interna onal Monetary Fund Malawi Building and Civil-Engineering and Allied Traders Associa on Malawi Human Rights Commission Millennium Development Goals Malawi Growth and Development Strategy Na onal An Corrup on Strategy Na onal Associa on of Smallholder Farmers in Malawi Na onal Audit Office Na onal Integrity Commi ee Na onal Integrity System Office of the Director of Public Procurement Poli cal, Economic, Social, Technological, Ecological, Legal Special Inves ga ng Unit Society of Accountants in Malawi Strengths, Weaknesses, Opportuni es and Threats Tobacco Associa on of Malawi Page 7

ACKNOWLEDGEMENTS The Director wishes to acknowledge the coopera on the Bureau received from all those that made contribu ons towards the development of the 2012-2017 Strategic Plan. The Director would like to single out the role the Strategic Planning Steering Commi ee played in facilita ng the work of consultants from Management Interna onal. The role Development Partners played in providing inputs on various ma ers pertaining to the Strategic Plan development process is much appreciated. In this connec on, the role played by the Norwegian Embassy in providing financial assistance for the development of the Strategic Plan is gratefully acknowledged. Page 8

EXECUTIVE SUMMARY A. Background This Strategic Plan (2012 to 2017) has been developed following the expiry of the 2007-2011 Strategic Plan. The new plan is a part of efforts by the Bureau to ensure its con nued relevance and effec veness in the ever-changing environment. The process of developing a new Plan involved carrying out an evalua on of the 2007-2011 Strategic Plan, as well as undertaking an environmental scan to have a firm basis for the 2012-2017 Plan. The evalua on was conducted in a highly par cipatory manner involved a cross sec on of stakeholders from the Government, Legislature, Non Governmental Organisa ons, Civil Society Organisa ons, and Faith Based Organisa ons, Private Sector, and ACB staff. The evalua on culminated in the produc on of a report, which is a complementary document to this Strategic Plan. B. Key Achievements of the 2007-2011 Strategic Plan ACB has made some commendable strides in the fight against corrup on in the past five years that include: 1. Malawi achieved its record index high of 3.4 on TI corrup on percep on index in 2010. The percep on index has been on the rise since 2008. The recent improvements in corrup on percep on index are because of efforts the Government has been making in reducing corrup on in Malawi. 2. Raised awareness levels among the public of the dangers and evils of corrup on, 2010 Governance and Corrup on Survey showed that percentage of popula on that consider corrup on as a major constraint to development has increased to 79% in 2010 from 59% in 2005. 3. Steered the development of the Na onal An -Corrup on Strategy (NACS) which has provided a framework for a mul -sectoral approach in the fight against corrup on. The launch of the NACS saw the Bureau facilita ng the establishment of IICs, Corrup on Preven on Policies, and Service Charters in a number of ins tu ons. 1 4. Overall, the Bureau has met or surpassed the targets set for its preven on, educa on, prosecu on, and inves ga on sec ons. 5. Managed to retain a cri cal mass of dedicated and experienced staff, thus ensuring con nued delivery of its programmes. 6. Developed a func onal Training Policy which guides Management in implementa on of all training programs. A comprehensive and robust competency framework was also developed detailing skill requirements for each posi on in the Bureau. 7. Developed an HIV/AIDS Work Place Policy, which is being used to target behavioural change among employees. C. Key Strategic Issues From the situa onal analysis, the following strategic issues have emerged requiring a en on over the next five years. 1. Lack of awareness by some segments of society of the nature of corrup on and the procedures for repor ng it. 2. There is a decline in confidence in the effec veness of the fight against corrup on. 2 3. Increased demand for corrup on preven on services beyond the capacity of the Bureau. 4. Limited inves ga ve capacity especially in the areas of finance and computer related corrup on cases. 5. Slow pace of prosecu on cases is a source of concern for many stakeholders. 6. Inadequate infrastructure and financial resources to effec vely support the core Page 9

business of the Bureau. 7. Weak M&E system within the organiza on. D. Strategic Goals In view of the iden fied key strategic issues, the Bureau, in the next five years, will work to achieve the following strategic goals: 1. Increased awareness of the nature, effects and procedures for repor ng corrup on; 2. Increased public confidence in the fight against corrup on; 3. Promoted Integrity, transparency and accountability; 4. Enhanced efficiency and effec veness of inves ga ons of corrup on cases 5. Enhanced efficiency and effec veness of prosecu on of corrup on cases; and 6. Strengthened administra ve and financial capacity of the Bureau. 7. Improved measurement of results. Page 10

1.0 INTRODUCTION AND BACKROUND 1.1 Ra onale and Jus fica on for the Strategic Plan The Plan is essen al tool for guiding the ac vi es of the Bureau over the next five years. The 2012-2017 Strategic Plan will serve as a medium-term goal for the Bureau. The Plan also provides a pla orm for mobilising resources required to implement strategies and ac vi es set out therein. The Strategic Plan is complemented by a Log frame a ached as Annex 1. 1.2 Strategic Planning Process The Strategic Plan was developed in a par cipatory manner to ensure relevance and ownership. The evalua on process involved consulta ons with a cross sec on of stakeholders of Bureau. This culminated in obtaining their views on the achievements of the 2007-2011 Strategic Plans, as well as on issues to be addressed in the 2012-2017 Strategic Plan. The list of stakeholders consulted is on Appendix 1 whereas the list of documents reviewed is a ached as Appendix 2. The development of the Strategic Plan of the ACB was informed by a number of key policies and development frameworks include among others the Millennium Development Goals, Malawi Growth and Development Strategy (I&II), Democra c Governance Sector: Policy Framework Paper and the NACS. The Plan was also informed by various DFID Annual Evalua on Reports, audited financial statement reports, Governance and Corrup on Baseline Survey (2005) and the Governance and Corrup on Survey (2010) and various Annual Reports. The following major steps were involved in the prepara on of the Strategic Plan: An assessment of achievement of the strategic objec ves in the previous plan. The exercise iden fied factors that contributed to and hindered successful implementa on so as to provide lessons for the 2012-2017 Strategic Plan. An environmental scan to appreciate the key challenges confron ng the governance sector in general and ACB in par cular, including systemic challenges to do with its structures and systems. 1.3 Genesis of the Bureau The An -Corrup on Bureau has its origins in the Republican Cons tu on adopted in 1995. The Cons tu on emphasised on measures to guarantee accountability, transparency, personal integrity and financial probity and which by virtue of their effec veness and transparency will strengthen confidence in public ins tu ons. As a result, the government through Parliament established ins tu ons to promote transparency, accountability, human rights and respect for the rule of law. The ins tu ons include among others: the An - Corrup on Bureau, Office of the Ombudsman, the Human Rights Commission, Office of the Director of Public Procurement, and the Law Commission. More recently, Government has established the Financial Intelligence Unit (FIU) to address issues of money laundering. In 1995, Parliament enacted the Corrupt Prac ces Act (CPA). The Act under Sec on 4 (1) establishes the An -Corrup on Bureau, which is headed by a Director. The Director and the Deputy Director are both appointed by the President subject to confirma on by the Public Appointments Commi ee of Parliament. The Bureau began its opera ons in 1997. The Bureau is an autonomous body. However, the Director is required to submit reports to Page 11

the President, Parliament, and to the Minister of Jus ce and Cons tu onal Affairs regarding the general conduct and performance of the Bureau. The CPA was amended in 2004 giving the Bureau increased powers to carry out its work in Malawi. The defini on of corrup on was widened to among other things, include abuse of office and possession of unexplained wealth. The amendment of 2004 also provides for the inves ga on of cases not only for corrup on but for other offences that come to light during the course of inves ga ng corrup on. The Act also provides for protec on of whistleblowers which was absent in the original law. Page 12

2.0 MANDATE AND INSTITUTIONAL SET UP OF THE BUREAU ACB Strategic Plan for the 2012-2017 The An -Corrup on Bureau is mandated under the Corrupt Prac ces Act to perform two major func ons of Law Enforcement and Corrup on Preven on. In enforcing the law on corrup on the Bureau conducts inves ga ons and prosecu ons of corrup on offences and any other offences disclosed in the course of inves ga ons on corrup on allega ons. Corrup on Preven on entails among others, review of procedures in ins tu ons, development of corrup on preven on policies etc. to ensure corrup on is fought from within ins tu ons. In addi on, the Bureau conducts public educa on ac vi es to educate people on corrup on issues and solicit their support in the fight against corrup on. The Bureau has an establishment of 246 posi ons of which 126 are filled. Its headquarters is in Lilongwe with branch offices in Blantyre and Mzuzu. It is headed by a Director and assisted by a Deputy Director. Both are appointed by the President subject to confirma on of the Public Appointments Commi ee of Parliament. The Director appoints other officers as he deems necessary for the proper execu on of his du es. The organisa onal structure of the Bureau is depicted at Annex 2. The Bureau has three departments which have various Divisions and Sec ons under them. The departments are as follows: Opera ons Department headed by an Assistant Director Inves ga ons Division Corrup on Preven on and Educa on Division o Public Educa on Sec on o Corrup on Preven on, Research and Intelligence Sec on Legal and Prosecu ons Department headed by an Assistant Director Finance and Administra on (Management and Support Services) Department [headed by an Assistant Director (Bureau Secretary)] Office Services Division Financial Management Sec on Human Resources Management and Development sec on Informa on, Communica on and Technology (ICT) Sec on o Documenta on Sec on Page 13

3.0 CONTEXT 3.1 Introduc on The Bureau s Strategic Plan recognizes that efforts to promote democra c governance largely depend transparent systems. Such systems enhance the integrity and make it possible for public servants to be accountable for their ac ons. 3.2 Fight against Corrup on in Malawi Malawi embraced mul -party democracy in 1994 and adopted a new cons tu on in 1995. The Cons tu on establishes ins tu ons to promote democra c governance. In 1995, Government enacted the Corrupt Prac ces Act (CPA) to serve as a key legal instrument in figh ng corrup on. The Act is complemented by other legisla ons such as Public Finance Management Act (2004), Public Audit Act (2004), Procurement Act (2004), etc. At interna onal level, Malawi is a signatory of the United Na ons Conven on against Corrup on, which among others, places responsibility and obliga on on Malawi to prevent, detect, and deter corrup on. To ensure this, Malawi as member has to cooperate and work with other countries, civil society organisa ons, non-governmental organiza ons, community-based organiza ons et cetera to effec vely fight corrup on. In addi on, Malawi also complies with a number of trea es and protocols on the fight against corrup on including SADC Protocol and African Union Conven on. In principle, these protocols compel Malawi to prevent, detect, punish, and eradicate corrup on in the public and private sector by effec vely developing and strengthening an -corrup on mechanisms, coopera ng with other State Par es and harmonizing policies and domes c legisla on rela ng to eradica on of corrup on. 3.3 Governance and Development Malawi s development agenda is expressed in its Malawi Growth and Development Strategy (MGDS) that highlights its commitment to the fight against corrup on. The MGDS notes corrup on retards economic growth and prosperity by diver ng resources for economic growth and social development into coffers of a few. It discourages business investment and reduces public resources available for the delivery of public goods and services especially to the poor; and erodes donor confidence. 3 The Malawi Government recognizes the role that governance plays in bringing about be er living standards for its ci zens. In this regard, it considers good public sector management, absence of corrup on and fraud, jus ce and rule of law, etc. as rerequisite for socioeconomic development. Page 14

4.0 REVIEW OF THE 2007-2011 STRATEGIC PLAN ACB Strategic Plan for the 2012-2017 4.1 Key Achievements ACB has made some commendable strides in the fight against corrup on in the past five years that include: 1. Increasing public awareness on dangers of corrup on. Public percep on levels of corrup on increased to 79% in 2010 as a major constraint to development compared to 59 % in 2005. This signifies that the society is becoming intolerant to corrup on thus ensuring prospects for public coopera on in the fight against corrup on. 2. Increasing public percep on of the role of the Bureau in the fight against corrup on, the Bureau is rated second highest (73 %) to the media (74 %) in 2010 survey result. 3. Reducing corrup on levels as measured by corrup on percep on index. The index 2.9 in 2002 and 2.7 in 2006. The percep on index improved to a record high of 3.4 in 2010. These figures show improvements in corrup on levels in Malawi. 4. Steering the development of the Na onal An -Corrup on Strategy (NACS). This has provided a framework for a mul -sectoral approach in the fight against corrup on. The Bureau facilitated the establishment of IICs and Corrup on Preven on Policies in a number of ins tu ons to topple corrup on from within. 5. Surpassing output targets set for its preven on, educa on, prosecu ons and inves ga on sec ons. 6. Maintaining donor confidence in its programmes. 7. Retaining cri cal mass of dedicated and experienced staff, except in the Prosecu on Department, thus ensuring con nued delivery of its programmes. 8. Developing a Training Policy which guides Management in implementa on of all training programs. A comprehensive and robust competency framework provides a basis for iden fica on of training needs, performance criteria, career development, and assessment of performance. 9. Developing an HIV/AIDS Work Place Policy that targets behavioural change among employees. 10. Establishing a Research and Intelligence Unit, this is used as a tool for knowledge management, communica on, tracking progress and informing preven on strategies. The Bureau also established a Monitoring and Evalua on Unit responsible for planning, monitoring and evalua on of Bureau s ac vi es and programmes. 4.2 Key Challenges 1. Lack of awareness by some segments of the society on the nature and procedures for repor ng corrup on. This is mainly due to challenges related to the implementa on of the Communica on Strategy. This may be a ributed to the fact that IEC materials are mainly in English and in mediums that are inaccessible to many rural people 2. There is a decline in confidence in the effec veness of the fight against corrup on. 4 This percep on has been created by the following factors: a. High turn-over and appointment process of the Director and Deputy Director. b. Percep on by some people that the Bureau is not independent. c. Perceived bias and selec vity in tackling corrup on cases. 5 d. Parliamentary oversight is seen as not adequate, as the Legal Affairs Commi ee that oversees the Bureau is comprised of individuals that might not be well versed on ma ers that they oversee. Page 15

3. An overwhelming demand for corrup on preven on and public educa on services beyond the capacity of the Bureau. This necessitates a change in the implementa on strategy to a more coordina ng and expanded approach to the fight against corrup on. 4. Limited inves ga ve capacity in the areas of finance and computer related corrup on cases. 5. The slow pace at which prosecu on cases are concluded is a source of concern for many stakeholders. Some of the reasons are delays in processing cases through the Judiciary, limited capacity of the Prosecu on Sec on and high turn-over of prosecutors. 6. Weak administra ve and financial systems to effec vely support the core business of the Bureau. 7. Lack of measurement of results mainly because of weak M&E system within the organiza on. 4.3 Lessons Learnt Lessons Learnt from the implementa on of the 2007-2011 ACB Strategic Plan, indicate that the success to the fight against corrup on is dependent on the following: 1. Sustained poli cal commitment. 2. Neutrality and independence of the Bureau. 3. Collabora on with stakeholders. 4. Enhanced awareness of the role of ACB, nature of corrup on and procedures for repor ng. 5. Adequate funding and other resources. Page 16

5.0 SITUATIONAL ANALYSIS ACB Strategic Plan for the 2012-2017 5.1 Introduc on This sec on provides a summarised analysis of the current situa on of the Bureau, as a way of determining appropriate strategies to be adopted in the fight against corrup on. The analysis employed the use of PESTEL (Poli cal, Economic, Social, Technological, Ecological and Legal factor/trends), as well as the SWOT (Strengths, Weaknesses, Opportuni es and Threats) technique. The summarised results of both PESTEL and SWOT are highlighted below, while a more elaborated version of SWOT is a ached as Annex 3 5.2 Results of PESTEL CATEGORY ISSUES EFFECTS Poli cal Increased concerns on Donor withdrawals governance May compromise statutory du es of Delays in the appointment of the Director Bureau s Director and Deputy May increase incidence of campaign Director corrup on Weaknesses in the electoral law Bureau may not be fully accountable and process Weak parliamentary oversight Lack of ins tu onalisa on of party poli cs and transparent Breakdown in checks and balances Loss of credibility in an -corrup on drive Fusion of State and Party affairs Economic Economic meltdown Harsh tax regime High Unemployment Scarcity of basic commodi es Reduced foreign direct Poor salaries, especially of public investments Scarcity of foreign exchange Prices fluctua on of essen al servants Compromised delivery of services Low budget alloca on to ACB goods and services especially fuel Social Lack of understanding of Chiefs and those in power are suscep ble corrup on, especially among to corrup on tradi onal leaders Selfishness by those in power Vic misa on of the poor Limits media outreach High illiteracy Technological Increase in technological money transfers Weak controls of technological usage Prolifera on of e-corrup on Lack of a forensic laboratory Increased computerisa on of government management systems Ecological Climate change i.e. global warming Deforesta on Reduced genera on of power Increase in electronic related corrup on Tradi onal methods of figh ng corrup on may no longer be effec ve Poor systems will be more prone to corrup on Increased dependency on Government for hand outs Reduced produc vity Page 17

CATEGORY ISSUES EFFECTS Legal Legisla on to limit freedom of the Ability of the press to denounce press corrup on may be compromised Requirement of consent from May lead to biasness DPP Delays in processing of corrup on cases Lack of legal framework for Challenges in dealing with new technologies technologies Slow judicial process Legal inadequacies in areas like Injunc ons 5.3 Strengths and Weaknesses The review of the strengths of the Bureau highlights areas on which it can build new policies and strategies as it forges into the future, while the weaknesses are areas which it has to address if it is to con nue being effec ve in the fight against corrup on. STRENGTHS Capable and commi ed leadership Reasonable enabling legisla on Well trained and dedicated staff Good condi ons of service Par cipatory planning process Good working rela ons among officers Establishment of offices in all the three regions of Malawi Good working rela onship with other ins tu ons within and outside Malawi Standard opera ng procedures Availability of Baseline Survey data Regular consulta ve donor, CMC, Management CRC in place Bureau has a Staff Development Plan, which is renewed annually. WEAKNESSES Failure to implement some provisions of the condi ons of service Inadequate financial and material resources Deficiencies in the Corrupt Prac ces Act Insufficient internal communica on especially between management and those at junior levels Lack of exper se in finance and computer crimes Inefficient documenta on system Failure to a ract and retain lawyers Inadequate monitoring on private lawyers High staff turnover mainly of lawyers Inadequate ICST infrastructure and equipment Standing Orders although reasonably good are outdated Inadequate Communica ons Strategy including Public Rela ons Strategy The approach to the press and media is largely reac ve and handling of informa on dissemina on Non existence of decentralized financial management 5.4 Opportuni es and Threats The opportuni es are areas that the Bureau needs to exploit to enhance its effec veness in the fight against corrup on, while threats represent areas that may seriously compromise its efficiency, effec veness and relevance. Page 18

OPPORTUNITIES Con nued donor goodwill Public willingness to support Corrup on recognized as a priority area by Government Vibrant media in rela on to corrup on Global acknowledgement of corrup on as a problem Poli cal will Guaranteed clientele Availability of global technological advancement Various ins tu ons willing to work with the Bureau on corrup on preven on and educa on ma ers Availability of players capable of assis ng the Bureau in corrup on preven on and educa on ac vi es. THREATS Perceived lack of independence of the Bureau Problems in related ins tu ons could reduce effec veness of ACB Unstable funding Unwillingness by witnesses to tes fy in Court Lengthy trial period for Bureau cases Too high expecta ons from the public Too much dependency on donor support Protec on of whistle blowers and witnesses Lack of willingness to report corrup on Restric on to arrest without warrant Economic instability HIV/AIDS pandemic Unwillingness of some public ins tu ons to join the ACB in the fight against corrup on 5.5 Stakeholders Analysis This sec on highlights the obliga ons the ACB has towards its stakeholders and what it should expect from them during the life of the Strategic Plan, as well as ac vi es and issues that are likely to characterize the rela onships between the Bureau and the various stakeholders. The stakeholders are for ease of reference categorized by pillar as set out in the Na onal An -Corrup on Strategy. A full stakeholder analysis is outlined in the Annex 4 Page 19

6.0 STRATEGIC FRAMEWORK 6.1 Introduc on The strategic direc on set out in this sec on is the ACB s response to key challenges and issues that require adequate a en on over the next five years in a more focused and ac on oriented manner. In se ng the strategic direc on, ACB recognizes that it is not possible for it to address all the issues iden fied in the situa onal analysis due to capacity and resource limita ons. In this regard, the Bureau has priori sed strategic issues to be addressed for the next five years. The key strategic issues requiring a en on over the next five years are as follows: 1) Inadequate public awareness of the nature, effects and repor ng procedures of corrup on; 2) Loss of Public confidence in the fight against corrup on in Malawi; 3) Increased demand for corrup on services in public and private ins tu ons; 4) Limited inves ga ve capacity especially in finance and computer related cases; 5) Slow pace at which prosecu on cases are processed; and 6) Weak and inadequate administra ve and financial systems: 7) Poor measurement of results and effec veness of the ACB s work The strategic issues highlighted above, translate into the following strategic goals: 6.2 Overall Goal The overall goal of this strategic plan is to reduce corrup on levels in Malawi. A ainment of this goal will posi vely contribute towards the vision of the Bureau, which is a ainment of a corrupt-free Malawi The overall goal is to be a ained through the following strategic goals: 1. Increased understanding of the nature and procedures for repor ng corrup on; 2. Increased public confidence in the fight against corrup on; 3. Enhanced Integrity, transparency and accountability; 4. Enhanced efficiency and effec veness of inves ga ons of corrup on cases 5. Enhanced efficiency and effec veness of prosecu on of corrup on cases; 6. Strengthened administra ve and financial capacity of the Bureau; and 7. Improved measurement of results. 6.3 Strategic Goals, Objec ves and Implementa on Strategies The strategic goals with their respec ve objec ves and strategies set out in this sec on are intended to collec vely contribute towards the a ainment of the overall goal. 6.3.1 GOAL # 1: INCREASED UNDERSTANDING OF THE NATURE AND PROCEDURES FOR REPORTING CORRUPTION Ra onale: Increased understanding of the nature and effects of corrup on in key public and private agencies, as well as among the public is a requisite condi on in figh ng corrup on. Limited awareness of the nature, effect, and repor ng procedures of corrup on is mainly due to challenges in implementa on of Communica on Strategy, designing of IEC materials and limited coverage the Bureau reaches on its own. Thus, the Bureau will, over the next five years, take necessary measures to enhance public understanding of causes and effects of corrup on, popularising repor ng procedures and strengthening partnerships with other stakeholders. Page 20

Expected Outcomes: 1.1 Increased understanding of the causes and effects of corrup on 1.2 Increased knowledge in repor ng procedures Indicators of achievement are as follows: 1.1.1 Percentage of ci zens that can explain the cause and effects of corrup on 1.1.2 Percentage of public officials that can explain the causes and effects of corrup on 1.1.1 Percentage of ci zens repor ng corrup on a er observing corrup on act 1.1.2 Percentage of public officials repor ng corrup on a er observing corrup on act Objec ve #1: To Broaden Outreach programmes through increased Partnerships Implementa on Strategy: i) Build capacity of the Bureau to effec vely and efficiently partner with other stakeholders. ii) Develop and opera onalise a partnership coordina on mechanism (policy and procedure). iii) Conduct mapping exercises of stakeholders requiring corrup on messages. iv) Provide support to partners to develop and implement public campaign strategies. v) Undertake a Training of Trainers (ToT) to empower partners. vi) Involve and coordinate with stakeholders in developing and dissemina ng an corrup on messages. Objec ve # 2: To Enhance Public Awareness on the Causes and Effects of Corrup on Implementa on Strategy: i) Review and implement the Communica ons Strategy. ii) Conduct research on effec veness of corrup on message dissemina on strategies. iii) Increase mediums for message dissemina on to make them specific and simple depending on the target audience. iv) Conduct an -corrup on sensi sa on campaigns. Objec ve #3: To Popularise Process for Repor ng Corrup on Implementa on Strategy: i) Develop and distribute IEC materials outlining corrup on repor ng procedure. ii) Translate IEC materials in key local languages like Chichewa, Tumbuka, Yao etc. iii) Produce and air/publish electronic and print media programmes. 6.3.2 GOAL #2: INCREASED PUBLIC CONFIDENCE IN THE FIGHT AGAINST CORRUPTION Ra onale: Public confidence in the fight against corrup on has declined of late. Factors a ributed to this include appointment procedures of the Directors and Deputy Directors; lack of knowledge on opera ons of the Bureau; perceived bias and selec vity in prosecu ng corrup on cases; 6 and lack of commi ed oversight body to oversee the Bureau. To allay such concerns, the Bureau intends to enhance its independence by reviewing Corrupt Prac ces Act to address issues of the appointment of Director and Deputy Director; and lobby for the empowerment of an independent body to oversee ac vi es of the Bureau. As it is, an oversight body proposed and established under NACS is not backed by any legisla on hence making it ineffec ve The Bureau will also proac vely engage the public to enhance the understanding of the public on how the Bureau operates to allay percep on that the Bureau is bias and selec ve Page 21

in its opera ons. Expected Outcomes: 2.1 Increased public confidence in the fight against corrup on Indicators of achievement are as follows: 2.1.1 Percentage of people that perceive the Bureau as effec ve in the fight against corrup on Objec ve # 1: To Enhance the Independence of the Bureau Implementa on Strategy: i) Propose to the Government for review of the Corrupt Prac ces Act to review: a. Appointment procedures of the Director and Deputy Director b. Strengthen oversight of Bureau s strategic func ons and opera ons ii) Lobby for the inclusion of the Bureau in the Cons tu on iii) Lobby for delinking of ACB from centralised payment system Objec ve #2: To Enhance Be er Understanding by the Public of Opera ons of the Bureau Implementa on Strategy: i) Develop and implement a Public Rela ons Strategy ii) Proac vely publicize Bureau s opera ons and achievements iii) Train media prac oners in corrupt related issues 6.3.3 GOAL #3: ENHANCED INTEGRITY, ACCOUNTABILITY, AND TRANSPARENCY Ra onale: There has been increased demand from both public and private ins tu ons for corrup on preven on services arising from an increased risk and prevalence of corrup on they are faced with. This coupled with the inability of the Bureau to adequately respond to this demand have necessitated the need for ins tu ons to have trained human capacity to undertake some corrup on preven on ac vi es. To ensure that integrity commi ees func on effec vely, the Bureau needs to partner with other stakeholders in building the capacity of integrity commi ees whilst giving the Bureau room to focus primarily on selected strategic ins tu ons with high prevalence of corrup on as revealed through surveys conducted from me to me. There is also need to reinforce Integrity Commi ees (ICs) to make them legal and mainstream them in public ins tu ons programs. Mainstreaming of IICs will ensure that IICs are not only sustainable but also effec ve. There is also need to build capacity of Bureau officers to manage this process effec vely and efficiently. Apart from this, the Bureau will strengthen the Na onal Integrity System through promo on of integrity in partner ins tu ons; prevent corrup on by strengthening ins tu ons, and enhancing collabora on with other stakeholders. The opera onalisa on of the NIS requires ac ve involvement of the Bureau in terms of provision of technical support. Expected Outcomes: 3.1 Improved intergrity in public and private sectors Indicators of achievement are as follows: 3.1.1 Percentage of ins tu ons perceived as of honesty and integrity by households 7 3.1.2 Percentage of ins tu ons perceived as of honesty and integrity by business Page 22

community Objec ve #1: To Strengthen Na onal Integrity System Implementa on Strategy: i) Establish IICs to implement an -corrup on ini a ves in their ins tu ons ii) Provide support to IICs to implement NACS iii) Undertake capacity development needs assessment for IICs in ins tu ons iv) Develop capacity of Corrup on Preven on Sec on to effec vely manage IICs and implement corrup on prevent ini a ves. v) Iden fy other stakeholders to complement the Bureau s capacity building efforts for IICs vi) Develop the capacity of IICs and key players in both public and private sector to undertake corrup on preven on ac vi es. vii) Lobby for Government financial support to IICs to implement corrup on preven on ac vi es viii) Lobby for legal/policy framework to legislate establishment and opera ons of IICs. ix) Review of the Na onal An -Corrup on Strategy and implement the revised strategy document Objec ve #2: To Strengthen Preven on of Corrup on through Partnerships Implementa on Strategy: i. Undertake corrup on risk assessments and review systems and procedures in ins tu ons and other strategic programs with high prevalence of corrup on. ii. Make recommenda ons on changes to systems, procedures and other strategic programs reviewed and conduct compliance audits. iii. Partner with other stakeholders to enhance preven on of corrup on. iv. Opera nalise intelligence unit 6.3.4 GOAL #4: ENHANCED EFFICIENCY AND EFFECTIVENESS OF INVESTIGATIONS OF CORRUPTION CASES Ra onale: Although, the Bureau has consistently met its targets in the area of inves ga on, there are skill deficiencies in finance and e-related fraud and corrup on, as well as to tackle increasingly sophis ca on of corrupt offenders. The Bureau is also aware that the Inves ga on Sec on needs a specialised Team to tackle urgent cases. An urgent case is an incident where an alleged corrup on is happening in real me. Inves ga ng cases in real me will minimise delays registered in inves ga ng cases as such delays usually lead to evidence being changed or concealed. Expected Outcomes: 4.1 Improved inves ga on performance qualita vely 4.2 Improved inves ga on performance quan ta vely Indicators of achievement are as follows: 1.1.1 Propor on of completed cases resul ng in prosecu ons and referrals 1.1.2 Propor on of cases returned for further inves ga ons 1.1.1 Number of cases completed per annum 1.1.2 Average me taken to commence a case 1.1.3 Average me taken to complete a case Objec ve #1: To Strengthen the Skills of the Inves ga ons Page 23

Implementa on Strategy: i) Review and implement recruitment and promo on policy for inves gators ii) Develop and implement a Capacity Building Strategy for inves gators iii) Enhance inves ga ons and supervision of inves ga on cases Objec ve #2: To Enhance Capacity of the Bureau to Inves gate Special Cases 8 Implementa on Strategy: i) Establish Special Opera on Team to conduct urgent inves ga ons ii) Train officers in responding to complaints that need urgent a en on iii) Establish a forensic unit iv) Train officers in forensic inves ga ons Objec ve #3: To improve efficiency in inves ga on n cases Implementa on Strategy: i) Develop a criteria for priori zing cases ii) Priori se cases to be inves gated iii) Address un-priori sed corrup on cases iv) Review the criteria for priori zing cases Objec ve #4: To Improve Complaint Management System Implementa on Strategy: i) Review structure, opera on and standards for report centre ii) Build the capacity of report centre officers iii) Opera onalise the call centre Objec ve #5: To ensure an efficient management system of dockets and exhibits Implementa on Strategy: i) Develop a mini archive for the Bureau ii) Conduct record management surveys iii) Build capacity of documenta ons in handling dockets and exhibits iv) Redesign documenta on offices to ensure safety and confiden ality 6.3.5 GOAL #5: ENHANCED EFFICIENCY AND EFFECTIVENESS OF PROSECUTION OF CORRUPTION CASES Ra onale: Slow pace at which cases have been concluded is a source of concern in prosecu on. Reasons range from bureaucracy in judicial system, limited knowledge by Judges and magistrates in corrup on ma ers, high turnover of internal lawyers 9, and uncoopera veness of witnesses as well as quality of inves ga ons. Seizure and recovery of assets in corrup on cases also needs to be worked on. The Bureau will, therefore, work to find strategies to properly manage frozen or seized assets. Steps to be taken by the Bureau will include capacity building, intensify supervision of cases, train magistrates and judges in CPA and corrup on related issues, review and update prosecu on strategy and propose for establishment of special court to handle corrup on cases. Expected Outcomes: 5.1 Improve quality of prosecuted cases 5.2 Improve quan ty of prosecuted cases Indicators of achievement are as follows: Page 24

1.1.1 Propor on of completed cases resul ng in convic ons 1.1.2 Value of assets recovered on convicted cases 1.1.1 Number of cases completed ACB Strategic Plan for the 2012-2017 Objec ve #1: To Strengthen the Prosecutorial Capacity Implementa on Strategy: i) Develop and implement Capacity Building Strategy for prosecutors ii) Develop prosecu on procedures iii) Develop policy and procedure for outsourcing private lawyers Objec ve # 2: To Enhance Quality of Prosecu on of Corrup on Cases Implementa on Strategy i) Supervise prosecu on of corrup on cases ii) Priori se prosecu on of corrup on cases iii) Facilitate training of judges and magistrates on the CPA iv) Advocate for the establishment of a special court to handle corrup on related cases v) Develop a policy to strengthen protec on of whistle-blowers and witnesses Objec ve #3: To Improve Management of seized Assets Implementa on Strategy i) Devise an asset management system for seized assets ii) Train officers in asset management iii) Manage seized assets 6.3.6 GOAL #6: STRENGTHENED ADMINISTRATIVE AND FINANCIAL CAPACITY OF THE BUREAU Ra onale: The work of the Bureau cannot be efficiently and effec vely undertaken without adequate administra ve and financial systems. The Bureau is aware that its systems in areas such as financial, procurement, stores, ICT and fleet management need constant upgrades to facilitate be er management and delivery of services. To this end, efforts will be made to ensure such systems are improved and give best value for money. The Bureau has limited financial management autonomy with the current arrangement whereby its cheques have to be issued through the Accountant General, resul ng in delays in effec ng payments and carrying out its core business. In view of this, Bureau will work towards decentralizing its account offices to regional offices. In addi on, the Bureau will lobby to delink and decentralize IFMIS so that the Bureau has autonomy in processing payments just like the Malawi Defence Force and Malawi Police Services. Although, the Government has funded the Bureau based on budgets presented to Treasury, the Bureau heavily rely on development partners. However, expansion in the ac vi es of the Bureau requires broadening of the financial resource base. Expected Outcomes: 6.1 Improved systems and procedures for effec ve opera ons of the Bureau Indicators of achievement are as follows: 6.1.1 Systems and procedures for procurement, stores, and fleet reviewed and documented Page 25

6.1.2 An integrated ICT and data management system in place 6.1.3 Staff turnover 6.1.4 External audit queries Objec ve #1: To Broaden Financial Resource Base Implementa on Strategy: i. Develop project proposals to development partners ii. Lobby for addi onal resources from Government Objec ve #2: To Strengthen the Administra ve and Financial Procedures of the Bureau Implementa on Strategy: i) Review, document and implement opera onal procedures ii) Review and implement condi ons of services to mo vate and retain staff iii) Review and implement capacity development strategy iv) Develop and implement health and safety policy v) Decentralise accounts to regional offices Objec ve #3: To Improve ICT Systems Implementa on Strategy: i) Develop a data recovery system ii) Integrate client server systems iii) Develop power back-up system iv) Redesign and maintain website Objec ve # 4: To Construct a Purpose Built Offices Implementa on Strategy: i. Revise architectural designs and es mates ii. Develop proposals seeking funding for the purpose built office 6.3.6 GOAL #7: IMPROVED MEASUREMENT OF RESULTS Ra onale: The An - Corrup on Bureau over the years has been cri cized for its failure to systema cally measure results of their work. There are a number of inherent issues, which have been a ributed to this failure to accurately measure the results. However, the core reason is absence and/or weak M&E system. In an a empt to assess the corrup on situa on in Malawi, the An -Corrup on Bureau (ACB) periodically conducts Governance and Corrup on Survey. However, one of the challenges with this survey is that it is very expensive to conduct. It therefore has been heavily relied on donor funding and it is done infrequently, hence, it does not inform on annual trends in corrup on. The increasing cost for doing each of the survey has meant that it is not sustainable in the medium to long term despite being a very useful and the only measure for assessing public percep on on prevalence of corrup on and efforts to tackle it. The ACB recently established an M&E unit in an effort to systema cally measure results of its ini a ves. However, the unit lacks in fundamental areas like exper se, customized tools, etc considering that M&E in an -corrup on field is s ll in an infant stages. To address these challenges, ACB over the next five years will strengthen M&E capacity of the Bureau, improve its informa on management and repor ng as well as customize Governance and Corrup on Baseline Survey. Page 26

Expected Outcomes: 6.1 Improved measurement of results Indicators of achievement are as follows: 7.1.1 Number of quality M&E reports per year 7.1.2 A customised Governance and Corrup on Survey conducted annually Objec ve #1: To strengthen M&E func ons of the ACB i) Develop and sustain M&E framework for the ACB ii) Review structure, opera on and standards for M&E unit iii) Build technical and financial capacity of M&E unit iv) Train officers in project management v) Establish key performance indicators for each pillar of the Na onal Integrity System Objec ve #2: To Improve Informa on Management and Repor ng System Implementa on Strategy: i. Develop and Opera onalise a computerised management Informa on System ii. Synchronise repor ng requirements of stakeholders iii. Develop monitoring results dissemina ng system Objec ve #3: To customize Governance and Corrup on Baseline Survey i. Conduct a qualita ve study to ascertain nature of corrup on in Malawi ii. Develop customized indicators for Governance and Corrup on Surveys iii. Develop customized tools to enable ACB to conduct surveys annually and cheaply 6.4 Key Success Factors Underlying assump ons needed to achieve expected outcomes in the implementa on of the ACB 2012-2017 Strategic Plan are as follows: 1. Sustained poli cal commitment; 2. An independent judiciary; 3. Strong financial and technical support from Development Partners; 4. Goodwill and coopera on from the public and stakeholders; 5. Commi ed and qualified staff; and 6. Adequate Government funding and other resources. Page 27

7.0 IMPLEMENTATION, MONITORING AND EVALUATION FRAMEWORK 7.1 Introduc on Given that implementa on of the Strategic Plan cannot happen in a vacuum, set out below are the ins tu onal arrangements that provide guidance to the various bodies that are expected to play cri cal roles in its implementa on. 7.2 Monitoring and Evalua on Bodies and Levels Parliament Parliament in accordance with the Corrupt Prac ces Act is supposed to receive regular reports on the performance of the Bureau. In this connec on, the Bureau will provide regular updates to Parliament on the implementa on of its Strategic Plan, ci ng achievements being made and challenges being encountered. Na onal Integrity Commi ee According to the Na onal An -Corrup on Strategy, the Bureau is expected to serve as the Secretariat of the Na onal Integrity Commi ee. In this connec on, the Bureau will present reports to the Commi ee on progress being made in the fight against corrup on, especially in ma ers related to corrup on preven on and public educa on. The Bureau is also expected to receive guidance from the Commi ee on how best to tackle emerging issues. Oversight Body The oversight body is expected to monitor ac vi es of the Bureau. In this regard, it will ensure that the ACB func ons without poli cal interference and that it submits reports as s pulated in the Corrupt Prac ces Act. 10 Strategic Plan Implementa on Commi ee To ensure mely implementa on of the strategies set out in this Plan, the Bureau will establish a Strategic Plan Implementa on Commi ee to facilitate implementa on of the Plan. The Commi ee will also be responsible for marke ng and publicising the Strategic Plan. The Commi ee to be chaired by the Bureau Secretary will comprise all Heads of Department, Divisions and Sec ons. In this regard, each Department will be developing annual work plans in alignment with the objec ves and implementa ons strategies. The commi ee will be reviewing and recommending work-plans to the Director for approval. The Commi ee will also be responsible for monitoring and evalua ng implementa on of ac vi es and advise the Director accordingly on progress and emerging issues. Specific ac vi es of the Strategic Plan Implementa on Commi ee are as follows: Review Annual Work Plans; Monitor and evaluate progress of the implementa on of planned ac vi es; Report to the Director and other Stakeholders on a quarterly basis; Publicise and mobilise resources for the implementa on of the Strategic Plan; and Market the new strategy to Government, current and poten al financiers. Development Partners Development Partners will con nue to play a cri cal role in suppor ng the ac vi es of the Bureau through provision of financial and technical support. 7.3 Monitoring and Evalua on Arrangements Monitoring and Evalua on (M&E) will be rou nely done through exis ng liaison and Page 28