The Government - through the Minister of Finance, Economic Planning and Decentralisation – issued the Financial Crimes (Confiscation Fund) Regulations, 2026 on 24 July 2026.
The Regulations now enable utilisation of money in the Confiscation Fund account, especially the portion that constitutes fully forfeited money to the Government which is around 28 percent. The forfeited funds deposited into the account have never been withdrawn.
Section 128 of the Financial Crimes Act (FCA) establishes the Confiscation Fund which comprises funds and property confiscated to the Government whether under civil or criminal process, funds or property subject to a preservation order and any other funds or property lawfully payable to the Fund under this Act or otherwise.
The Fund is administered by the Financial Intelligence Authority (FIA) on behalf of the Minister of Finance, Economic Planning and Decentralisation.
An account for the Fund was opened in November 2017 for purposes of depositing the money referred to under S.128 of the FCA. The funds come from various sources such as Anti-Corruption Bureau, Malawi Police Service, FIA, Reserve Bank of Malawi and court judgments in relation to various financial crimes. The funds in the Fund are mainly a result of preservation orders and forfeiture orders granted by the courts. Since 2022, the Fund also contains the lowest portion of money realised by the Malawi Police Service through sale of merchandise in containers during the Service’s operation aimed at driving refugees from various locations in Lilongwe to Dzaleka Camp. The larger portion of the Fund is from preserved money.
You can obtain a copy of the Regulations here
