In order to enhance a strong working relationships with two of the country’s significant watchdog organisations in fighting financial crimes in the country, Malawi Law Society (MLS) has signed two separate memorandums of understanding (MoUs) with Media Institute of Southern Africa (MISA) Malawi and Financial Intelligence Authority (FIA)
The signing of the two MoUs was held on Friday in the commercial city of Blantyre.
MLS vice-president Tusume Mwabungulu said: “Legal practitioners are obligated to comply with the Financial Crimes Act (FCA) in terms of anti-money laundering compliance.”
Mwabungulu emphasised that lawyers’ line of work involves coming across people’s money through setting up of companies, keeping clients’ money, sale of real estate and other transactional work, as such, in uncovering financial crime, they need to follow the money.
Said Mwabungulu: “This, therefore, calls upon us as legal practitioners not to be partners in crime with those indulging in financial crimes. We have to report suspicious activities that border on criminality.”
“A duty of secrecy and confidentiality by a lawyer does not affect or override compliance with the FCA,” added Mwabungulu.
On the Misa MoU, the MLS vice-president pledged support towards the protection and promotion of media freedom in the country.
He said the society, through its membership, will provide Misa Malawi, where necessary, ready access to legal advice and representation through its pro-bono scheme.
“We say this, because dissemination of information is largely a public duty and function that needs to be guarded. As we march together into the future, let us remember that we are doing this for Malawians,” he said.
Misa Malawi chairperson Golden Matonga said: “The MoU has come in as a reference point as the two bodies continue cooperating for the sake of media freedom, freedom of expression and access to information.”
Matonga highlighted that the freedoms and rights Misa Malawi defends and promotes are based on constitutional provisions such as sections 35, 36 and 37 that are almost enjoyed and violated every other day, as such, the media needs legal services closer.
FIA director general Jean Phillipo-Priminta noted that by the nature of their work, lawyers are exposed to interaction with launderers as they seek to conceal their illicit assets and proceeds of crime.
“In this regard, the role played by the legal practitioners necessitates proper coordination and cooperation between the society and the FIA, as regulators, to ensure mitigation, or indeed, elimination of any ML&TF [money laundering and terrorist financing] risks in the legal practice sector.
“Therefore, the signing of this MoU paves a way for continued collaboration and cooperation between the FIA and MLS focusing on common areas of interest that are beneficial to both parties,” she said.
“The MoU has come in as a reference point.”
Golden Matonga
MISA Malawi Chairperson
