Kayuni replaced by Masauko Edwin Chamkakala
* To prevent him from using a public office to settle a personal injury, I have removed Dr. Kayuni from office with immediate effect
* And I thank him for his many years of service and I have directed that he be replaced by Masauko Edwin Chamkakala as the new DPP
By Duncan Mlanjira
The report from the Commission of Inquiry — which President Chakwera constituted to probe circumstances that led to the irregular arrest of Anti-Corruption Bureau (ACB) Director General, Martha Chizuma in December — faulted Director of Public Prosecutions Steven Kayuni for filing a personal complaint on matters pertaining to his office as DPP while still holding that office.
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In his address to the nation on Wednesday, Chakwera took note that the report says the police acted on a lawful complaint that was lodged by Kayuni “because he feels personally and criminally injured” by the sentiments expressed by Chizuma in an audio that was leaked a year ago in which she was heard divulging some classified information on corruption investigations involving major suspect Zuneth Sattar.
Chakwera said the Commission acknowledged that as any citizen of Malawi, Kayuni has a constitutional right to file a case against Chizuma in his personal capacity — however, the Commission found Kayuni to be in a “conflict of interest and an act of unsound judgment.
As the President, Chakwera says he considers Kayuni’s act of unsound judgment “to be a breach of public trust, for it is a serious matter for Malawi’s lead prosecutor to have a moment of unsound judgment or a conflict of interest”.
“So I consider this a great failure for Dr. Kayuni and a great disappointment to me. For this reason, as the appointing authority for that important office, I summoned Dr. Kayuni to express to him my great displeasure and to hear his response in the interest of natural justice.
“While he expressed deep regret for his unsound judgment, he also made it clear that he feels deeply wounded by the continuing damage caused to his reputation and personal safety by the audio that leaked a year ago.
“As such, to prevent him from using a public office to settle a personal injury, I have removed Dr. Kayuni from office with immediate effect, and I thank him for his many years of service,” Chakwera directed, while announcing Masauko Edwin Chamkakala as the new DPP.
Masauko Chamkakala
On the ACB itself, Chakwera the inquiry observed that the leaked audio from last year “continues to harm the professional credibility of the ACB and to undermine interagency cooperation in the fight against corruption”.
“On this, the Commission recommends that interagency cooperation in the fight against corruption needs to be improved. I have taken note of this recommendation and have directed the Secretary to the President & Cabinet to bring the heads of the relevant institutions together over the next few weeks to agree on an administrative framework for their interagency cooperation going forward.
“Not only do I expect all of them to comply with this framework, but I will remove from office without apology anyone who fails to, because while our system has agencies that are operationally independent, there are none that are constitutionally autonomous and none that are allowed to become anyone’s personal colony or empire with no accountability to anyone.
“So make no mistake: no strategy against corruption is a winning strategy if it does not treat interagency cooperation as a necessity.
“The necessity of interagency cooperation is why even at the Anti- Corruption Conference that I hosted in Blantyre six months ago, I brought together all the relevant stakeholders to commit to specific roles in the 12 pillars of our National Anti-Corruption Strategy.
“The necessity of interagency cooperation is why when I addressed the delegates of that conference, I called on the Anti-Corruption Bureau and all stakeholders to adopt a new approach that involves all institutions working together in order to make our fight sustainable and our victories irreversible.
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“Crucially, the necessity of interagency cooperation is also why I announced at that conference that my office was going to develop an action plan for reactivating Malawi’s membership in the worldwide, Open Government Partnership, by the end of the year — which we have successfully done, and which will put in place functioning and interconnected Anti-Corruption systems that raise the level of accountability in and across all agencies of our government.
“That is a more sustainable weapon against corruption than institutions that work alone or individuals who can make costly mistakes. So, no matter what anybody says, my Administration has no interest in supporting a losing Anti-Corruption strategy that promotes interagency discord.
“When I promised and when you elected me to end corruption, this collaborative approach between institutions was always the goal, and nothing will deter me from it.”
In his preamble to the address, Chakwera said it has taken him two weeks to respond to the report as he had been reviewing — emphasizing that he constituted the Commission to independently investigate away from State involvement “because it was an inquiry into the conduct of State agents”.
“I did this by ensuring that the membership of the Commission was made up of individuals who do not work in Government, individuals who have long distinguished themselves as men and women of integrity and objectivity, individuals who have a reputation for speaking truth to power, and individuals who have no incentive to bend the truth for anyone.
“And so to protect the independence of this inquiry, I rejected any suggestion to give the task to a state organ or to appoint state officials as serving members of the Commission.”
He applauded the members of the Commission — comprising citizenry of respectable standing of Justice Edrware Twea as chairperson; Enoch Chibwana; Monsignor Patrick Thawale; former Inspector General of the Malawi Police Service, Lot Dzonzi; Maureen Kachingwe; private lawyer John Gift Mwakhwawa; Innocencia Chilombo; Kassim Mdala Amuli; Reverend Elsie M. Tembo; Senior Chief Tengani; Lingalireni Mihowa and Frank Kalowamfumbi — for their service to the country under enormous pressure.
He took note that the commission delivered its report in the time prescribed of 14 days and “for their courage and humility in enduring the cyber-bullying and slander they have been subjected to for producing a report that has challenged the biases of many, including me”.
“Therefore, in considering the report, I have tried to resist the temptation of concluding that my biases are more accurate than the findings of a diverse team of upstanding citizens led by a seasoned Supreme Court Justice, who knows from experience the difference between evidence and hearsay better than most of us.”
On the alleged involvement of his Cabinet members or officials appointed by himself, Chakwera said on the day of the arrest did not know of the arrest before it happened, and although he had no reason for disbelieving them, he wanted the inquiry to independently verify whether this was indeed the case.
“And according to the report, which is based on the testimony of over 30 people who appeared before an independent Commission that invited anyone who had any evidence to bring it out in the open, the Commission found no evidence that any member of my Cabinet or person appointed by me ordered Ms. Chizuma’s arrest or even knew about it before it happened.
“The Commission’s report states this on page 30 as follows: ‘Government Ministers became aware of the arrest of the DG of ACB on 6th December 2022 in the early hours before 7:30am through social media platforms’.
“Now if there is any evidence to the contrary, one might expect that anyone from the public, especially the opposition, would readily bring it forward. But it is stated on pages 6 and 8 of the report that when the opposition was invited to present evidence, not only did they fail to do so, but they failed to even make an appearance.
“Even so, I want to say here and now that if anyone has any evidence that proves that any members of my Cabinet or anyone appointed by me was involved in Ms. Chizuma’s arrest or interfered with the independence of this Commission of Inquiry, you are welcome to bring it forward to my office through my Executive Assistant so that action can be taken based on substance, not suspicion.”
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