Government seems bent for collision course with the nation on fight against corruption and on Chizuma saga

Chizuma, at the centre of it all

* We are going to do whatever we can, to make sure that justice prevails in this matter—MLS

* As Government indicates that it will take the case further with the Supreme Court of Appeal

Analysis by Duncan Mlanjira

Despite Malawi Law Society’s intervention stopping the execution of Martha Chizuma’s suspension as Director General of the Anti-Corruption Bureau (ACB) — including concerns raised by the United States of America (US) and the British High Commission — the government is unmoving by indicating it will still pursue the case further.

The government interdicted Chizuma on January 31 to pave way for her criminal case involving a audio that was leaked in January last year in which she was heard divulging some classified information on corruption investigations involving major suspect Zuneth Sattar.

Malawi Law Society, in its mandate of protecting matters of public interest pertaining to the law, applied for and was granted an injunction on Monday by the High Court pending a judicial review of the decision of the suspension until her criminal defamation case is concluded.

But the government quickly hired private practice lawyers, Chancy Gondwe and Jivason Kadzipayike, to act on its apply for a discharge of the injunction the next day — which has since been rejected by Judge Mike Tembo, who described the application as “highly unusual and unprecedented because it was instantly made on nine grounds”.

However, the two private lawyers have indicated that the government would take the case further with the Supreme Court of Appeal while Malawi Law Society honorary secretary, Chrispine Ngunde told the media in response to government’s unyielding stance that they are “going to do whatever we can, to make sure that justice prevails in this matter”.

In reaction to the issues sorrounding Chizuma, which came to the fore when she was irregularly arrested on December 6 — but was released on instructions from President Chakwera, who immediately constituted a Commission of Inquiry — the US Embassy and the British High Commission issued statements on Wednesday condemning the furore that this matter is causing in the fight against corruption.

In a Twitter message, British High Commissioner to Malawi, Sophia Willits-King said her country’s partnership with Malawi government “is based on mutual respect, and is a shared commitment to democracy, the protection of human rights, and the use of public funds in the interest of the people”.

“In this context, Britain is deeply concerned by recent events affecting the fight against corruption. Corruption takes resources away from the people of this country, destroys business, damages public service, traps the poorest in poverty, and undermines future economic growth.

“We share concerns raised by the Malawi Law Society and other civic groups to the pursuit of criminal charges against the Director General of the ACB and her recent suspension.

“Britain has strongly endorsed Malawi President’s anti-corruption drive and his consistent calls to respect the rule of law. However, the law, the police and judicial system should not be used to frustrate the will of the Malawians.”

On his part, US Ambassador, David Young Embassy described government’s urgent application to vacate the court order as culminating in “two months of harassment by the government officials” against Chizuma.

He also made mention of Chizuma’s arrest “in the middle of the night in an armed police raid” but “since then, no one who carried out or authorized the arrest has been held to account”.

“Following the arrest, the government established a Commission of Inquiry that not only produced an unbalanced report but also did not address the violations of the Director General’s fundamental human rights.”

The Embassy also reiterated that “as a democratic partner, the Embassy of the United States looks to the Government of Malawi to actively pursue the fight against corruption and not to wage a campaign of intimidation against anti-corruption champions”.

“Our shared commitment to Malawi’s development depends on trust that Malawi will use public resources — including development funds — transparently, fairly and with accountability.

“These recent actions undermine the credibility of the government of Malawi’s stated commitment to the fight against corruption.”

He also indicated that the Embassy has “actively engaged senior government officials to seek renewed commitment to the fight against corruption, but those efforts have not yielded results”.

To which Minister of Information & Digitalization, Moses Kunkuyu responded, saying the government will engage the US Ambassador “through diplomatic channels to address the concerns raised — out of respect for international laws, including the Vienna Convention on Diplomatic Relations”.

“This will be done in the spirit of mutual respect, without compromising the duty of Government to protect the sovereignty of Malawi and the independence of domestic public institutions and their officials from foreign interference, as well as in the quest for continued cooperation in the development of Malawi and its people.

“Meanwhile, Government reiterates its full commitment to the fight against corruption by continuing the implementation of its strategy of strengthening governance institutions that each have a critical role in that fight, including law enforcement agencies, public prosecutors, and the Courts.

“In that context, Government maintains its resolve to continue its unwavering support of the Anti-Corruption Bureau as an institution by making it more functionally independent and more resourced than it has ever been, with the expectation that this will result in the successful and speedy completion of all the cases the Bureau is handling,” Kunkuyu said.

Reacting on Facebook to government’s decision to appeal, Olive Nkhono described it as not being “fair to Malawians because all these lawyers’ fees is taxpayers money and as a nation, we seriously can’t be [dragging] back and forth because of Martha Chizuma’s audio”.

While Vincent Chikasamba observed that Malawians are dying of cholera, while some are economically suffering yet “atsogoleri akuononga ndalama zambirimbiri pa mlandu oduka mutu (the leadership is wasting a lot of money on a trivial case). Would you ask the so called government, in whose interest are they acting?”

Chizamsoka Manda foresees “a very hostile working environment for Chizuma if she stays at ACB. When we thought the issue has been put to rest with Kayuni out of sight, then boom the issue is back. Let the judicial review take place to give some direction”.

Several others on social were equally incredulous, observing that Chizuma “seems to have something much bigger coming” that is causing the authorities to be “pressing a panic button”.

Chizuma’s interdiction came as the ACB was applying for a warrant to arrest former Director of Public Prosecution (DPP) Steven William Kayuni — together with assistant Chief State Advocate Dzikondianthu Joseph Malunda — for misuse of public office, fraud and breach of trust.

Reports circulated that Chizuma’s interdiction effectively stopping her from carrying out duties and allegedly obstruct the Bureau from arresting Kayuni — allegedly together with former Minister of Foreign Affairs, Eisenhower Mkaka.

But being a legal office, with its machinery still intact — despite absence of the Director General — Lilongwe Senior Magistrate Court still granted the ACB the warrants of arrest, whose charges were that while serving as public officers on or about June 11, 2021 while in transit in Kenya, the two abused their offices by arbitrary directing Sky Links Travel to change their destination on air tickets from being Vienna, Austria to Johannesburg, South Africa costing the Malawi Government a lot of money.

They also used allowances they received for use of their assignment to Vienna for personal use on their trip to Johannesburg.

Count 1 of misuse of public office is contrary to section 25B (1) and (4) of Corrupt Practices Act and count 2 of fraud and breach of trust by public officer is contrary to section 120 of the Penal Code.

Meanwhile, Malawi Congress Party (MCP) legislator for Lilongwe South Constituency, Peter Dimba’s resigned as chairperson of Legal Affairs Committee in the National Assembly over what he justified as “futile fight against corruption”.

In his resignation letter to the Speaker of Parliament, Dimba said “despite the gains that Legal Affairs Committee has registered over the period that he was chairperson — in its efforts to provide checks and balances to the excesses of the Executive arm of government — particularly on the fight against corruption, has proved futile”.

Thus he said as its leader for the past 18 months, he takes “responsibility for failing Malawi in this regard” — a decision that lauded by the public, describing the MP’s judgement as “honourable” and “true meaning of integrity”.