HRCC Launches “Fair Forfeiture, Equal Justice” Campaign For Law Reform

Malawi Exclusive

The Human Rights Consultative Committee has launched a national campaign called “Fair Forfeiture, Equal Justice” to push for a comprehensive review of Malawi’s asset recovery and forfeiture laws.

The Committee says the goal is to have a system that effectively recovers illicit wealth while also being fair, transparent, proportionate, constitutionally compliant and applied consistently to everyone.

HRCC Chairperson Robert Mkwezalamba said the Committee does not oppose forfeiture and fully supports recovering assets acquired through crime.

He stated that the concern is ensuring the power to take property is exercised within the law, under effective judicial oversight, with due process and equal treatment.

Mkwezalamba said , the guiding principle of the campaign is simple: recover stolen wealth, protect lawful property, and uphold equal justice.

The campaign focuses on the Financial Crimes Act of 2017, especially Part VI which covers preservation orders, seizure, civil forfeiture, appeals and disposal of assets.

Mkwezalamba said these powers are necessary to fight corruption and other financial crimes, but argues that strong enforcement powers must come with strong safeguards.

Another HRCC Member , Fryson Chodzi, raised concerns about selective application of the law, prolonged restraint of property, inadequate protection for innocent owners and third parties, difficulties in getting remedies, and limited transparency on how forfeited assets are managed and used.

Chodzi called for a review of specific areas including the length of preservation orders, safeguards in the civil forfeiture process, protection of innocent owners and third parties, quality of notice given to affected persons, effectiveness of appeals and remedies, and transparency in the administration and disposal of assets.

Chodzi said the Committee needs  harmonizing of forfeiture provisions across different laws and considering a consolidated National Asset Recovery and Forfeiture Act.

As part of the reforms, HRCC proposes a National Forfeited Assets Register to publicly account for assets preserved, forfeited, disposed of, and proceeds realized.

In its message to Government, Parliament, the Judiciary and law-enforcement agencies, HRCC said it is not asking for asset recovery to stop.

To Government it said forfeiture should be made stronger by making it fairer.

To Parliament it called for scrutiny and stronger oversight of recovered assets.

To the Judiciary it asked for equal application of the law and transparent decisions.

To agencies like ACB and FIA it expressed support for their work while urging respect for constitutional rights.

HRCC concluded that Malawi needs both effectiveness and fairness.

A system that recovers assets but is perceived as selective loses public legitimacy, while a system that protects rights but cannot recover assets is equally inadequate.

HRCC also gave a strong example of how Lilongwe City Council (LCC) is abusing these laws by confiscating goods from vendors with no transparency at all.

Board member Desmond Mhango said the law reform will benefit all Malawians than what is currently happening.