Government to engage US Ambassador to address the concerns raised by the Embassy condemning “harassment” of Chizuma

Minister of Information and Digitalization, Moses Kunkuyu

* Out of respect for international laws, including the Vienna Convention on Diplomatic Relations, will engage the US Embassy

* And Ambassador through diplomatic channels to address the concerns raised

* 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

By Duncan Mlanjira

Minister of Information and Digitalization, Moses Kunkuyu says government has taken note of the statement by United States (US) Embassy and subsequent media interviews by the US Ambassador, David Young in which he expressed concern about the “harassment” of Anti-Corruption Bureau (ACB) Director General, Martha Chizuma.

The US Embassy issued a statement today (February 8) in which it  condemned t the decision by the Malawi’s Government, through the Attorney General Thabo Chakaka-Nyirenda to vacate the decision of the High Court — that lifted the suspension of Chizuma — describing it as “harassment” being perpetrated against her.

Kunkuyu said the Malawi Government, “out of respect for international laws, including the Vienna Convention on Diplomatic Relations, will engage the US Embassy and Ambassador through diplomatic channels to address the concerns raised”.

“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.”

According to court documents and interviews, Chakaka-Nyirenda has hired former AG Kalekeni Kaphale, Chancy Gondwe and George Jivason Kadzipatike to represent police prosecutor in the Chizuma case, Levison Mangani, the Lilongwe Chief Resident Magistrate and Secretary to the President and Cabinet (SPC), Colleen Zamba.

Gondwe confirmed to the media of his hiring and the filing of the urgent application to vacate the order issued earlier on Monday that effectively stopped Chizuma from appearing before the magistrate court in Lilongwe and also allowing her to return to her duties.

Gondwe is representing the SPC; Kaphale the Lilongwe Chief Resident Magistrate while Kadzipatike is representing Mangani.

According to her lawyer, Martha Kaukonde, Chizuma was in office on Tuesday after the High Court granted Malawi Law Society (MLS) the order to apply for judicial review.

 

 

In its statement, the US Embassy said it was “deeply concerned by series of actions by government of Malawi that have severely damaged the credibility of its fight against corruption” and described the Attorney General’s urgent application on Tuesday to vacate the court order as culminating in “two months of harassment by the government officials” against her.

“This step seeks to reinstitute the action by the Secretary to the President and Cabinet [Colleen Zamba] to interdict the Director General,” says the statement. “These measures by senior officials follow the December arrest of the Director General in the middle of the night in an armed police raid.

“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 State then initiated criminal charges against the Director General and this most recent step by the Attorney General confirms the government’s intent to pursue those charges.

“As a democratic partner, the Embassy of the United States of America 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.

“We have actively engaged senior government officials to seek renewed commitment to the fight against corruption, but those efforts have not yielded results.

“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.”

Meanwhile, the public has taken to social media in condemning the whole saga sorrounding Chizuma with some questioning if indeed the government is being truthful in its fight against corruption.

Responding to the US Embassy’s statement, Calisto Mwepetha on Facebook: “I said it before that this government is for corruption and I do not believe in what they say but rather what they do because their action speaks otherwise”, while Louis Kalilombe said: “As of now, we don’t know who is running the country, because at the end of the day the President himself will say ‘am not aware that the lawyers have been hired’”.

Good Friday Chiwaya said “there is more about this legal battle than what the public is meant to believe”, with David Mzura-Chirwa agreeing, saying: “I can’t agree with you more on this. It’s like the 2019 presidential case once again and giants are bound to be humiliated. Light will always prevail over darkness.”

Victor Bright opined that “corruption is a very big animal — look, it has left us fighting each other” while Margaret Longwe observed that this is just wasting taxpayers money “which could be put to good use.”

Agenco Kamzy agreed that taxpayers money is being wasted “just to defend corrupt officials” with Chris Kamanga wondering why the leadership is “fighting over something that will never build the nation”.

“Do we have really intention to develop our nation? Just a mere audio the whole government is ready to spend taxpayers money for private lawyers over this stupid case, really?”

Blessed Kondowe was of the opinion that this is “now a battle between the citizens and the state defending corruption” while voicing that  “Malawians are unpredictable when it comes to voting. DPP tried to be untouchable but it was touched in June 2020.”

Victor Maluwa joined in to say: “When the leader does not address a problem, the problem becomes the leader and the leader becomes the problem”, with Paschal Simbota agreeing, saying: “The person who is at the front fighting the fight against corruption is the one who said he has the solution. Lero wabisala (today, he has taken the back stage)!using state machinery to make the ACB ineffective.”

Siveliano Kanyenda observed that “having reached this far, it’s a sign of indicating that things are falling apart”.