* It is only the President who has such legal authority and powers under Section 6 (3) of the Corrupt Practices Act—DPP
* Chizuma’s criminal charges are purely a cobweb of political dealings aimed at suffocating the fight against corruption—UDF
* Chakwera given up to this Monday to withdraw the interdiction or risk nationwide demonstrations—CSOs
By Duncan Mlanjira
Opposition parties, the Democratic Progressive Party (DPP); United Democratic Front (UDF), individual Members of Parliament (MPs) and the civil society organisation (CSOs) are all in solidarity condemning the interdiction of Anti-Corruption Bureau (ACB) Director General, Martha Chizuma.
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Chizuma was interdicted by the Secretary to the President & Cabinet (SPC), Colleen Zamba on January 31 up until the conclusion of her criminal court case that is to be heard against her at Lilongwe Magistrate Court regarding the leaked audio that went viral in January last year.
In that leaked audio that, Chizuma was heard divulging some classified information on corruption investigations involving major suspect Zuneth Sattar.
In DPP’s statement — headlined as ‘Hands off Martha Chizuma’ — says the Party views the interdiction “as continued abuse of power by President Lazarus Chakwera and his MCP”.
The DPP says the interdiction order was signed by Zamba, “who has no legal authority whatsoever to interdict the Director General of the ACB”.
SPC Colleen Zamba
“It is only the President who has such legal authority and powers under Section 6 (3) of the Corrupt Practices Act of the Laws of Malawi. Section 6 (3) of the Corrupt Practices Act states that ‘the President may, if he considers it desirable in the public interest so to do, suspend the Director from exercising the duties of the office of Director pending investigations to determine whether or not the Director may be removed from office’.
“The letter of interdiction by the SPC is a clear usurpation of the authority of the President” and “therefore unlawful, null and void.”
The DPP further maintains that the ACB “is one of the key institutions of accountability and it is central to the fight against corruption in Malawi”, adding that the Bureau “needs political will and commitment from the Executive for the ACB to be effective and succeed in the fight against corruption”.
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“To the contrary, Dr Chakwera and his MCP Government are working tirelessly to distract the Director General of the ACB from discharging her duties professionally and in a conducive environment.
“The issues leading to the purported interdiction of the arrest of Ms. Martha Chizuma seem to be orchestrated by the MCP in an effort to shield corrupt MCP officials who have been implicated in corruption scandals.”
The DPP further observes that President Chakwera assured the nation that he has a strong desire to maintain Chizuma but he “is failing to walk the talk” — indicating that “it is clear that the purported interdiction is a signal that President Chakwera is siding with those who are alleged to be embroidered in corruption scandals within the MCP”.
“Previously, when DPP members were being arrested, prosecuted and some imprisoned for corruption related offences, the President Chakwera hailed Ms. Martha Chazuma as the Director General geared to fight corruption and ‘clear the rubble’ in Malawi.
“Now that the ‘rubble’ is building up within the MCP, President Chakwera has exposed his true colours on the fight against corruption. He is simply defending the corrupt within the MCP”.
The DPP thus demands “the restatement of Chizuma with immediate effect [and] also demand that the SPC be sanctioned for usurping the powers of the President under the Corrupt Practices Act”.
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“We appeal to Parliament to pass laws to make the Anti-Corruption Bureau truly independent of the executive,” says the statement issued by spokesperson, Shadric Namalomba.
On its part, the UDF says the matters surrounding Chizuma’s criminal charges “are purely a cobweb of political dealings aimed at suffocating the fight against corruption” adding that “this has been very evident all along”.
“UDF is of the view that after assuring Parliament and the nation that the purported charges against Ms Chizuma will be dropped, we are in this gruesome challenge. The sinister secretive deceitful and hypocritical plans have been laid bare, unfortunately.
“It is utterly unacceptable in a state governed by the rule of law that a Director of Anti-Corruption Bureau, whatever charges may be against them, be interdicted without a fair procedure, in disregard of the required laws.
“We strongly demand an immediate retraction of this illegal interdiction made by the Secretary to President and Cabinet, an immediate re-instatement of Ms Martha Chizuma on her role as Director of ACB.
“We call upon the State President, for the first time, to walk his talk in the fight against corruption in this great Republic,” said the statement signed by Yusuf Mwawa, the Party’s acting national publicity secretary.
Meanwhile, the CSOs have given Chakwera up to this Monday, to direct the SPC to withdraw the interdiction or risk nationwide demonstrations.
The ultimatum is contained in a statement issued by 10 CSOs, which includes CHRR, YAS, CSAT, HRDC, MHRRC, National Advocacy Platform, Centre for Civil Society Strengthening, NGO Gender Coordinaiton Network and Women Manifesto Movement.
The contends that the the interdiction coincided with the alleged warrant of arrest of former Director of Public Prosecution (DPP), Steven Kayuni which was being obtained and a few hours Chizuma received her interdict.
The CSOs say they are persuaded to conclude that there are a continuation of systemic and intentional government’s tactics to frustrate any meaningful fight against corruption.
“Should the President and government fail to formally withdraw the interdiction by Monday (February 6, we will be compelled to mobilise Malawians across the divide to stand up for justice and the rule of law through demonstrations and other civil means,” says the statement.
Individual MPs are also condemning the interdiction by posting on social media posters that read ‘No to Interdiction—I Stand With Martha’.
On Thursday, Malawi Congress Party (MCP) legislator for Lilongwe South Constituency, Peter Dimba, resigned as chairperson of Legal Affairs Committee in the National Assembly over what he justified as “futile fight against corruption”.
He 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 says as its leader for the past 18 months, he takes “responsibility for failing Malawi in this regard”.
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This is the kind of hypocrites in the leadership Malawi has in the so called anti corruption drive .Chakwera is a clueless man and time and again we have seen that he is inept and clueless when dealing with his inner circle including his wife and son who have benefitted from Sattar kickbacks.
It’s open secret that Sattar hired a private jet to bring Chakweras wife Monica from USA during covid 19 travel restricted to be in Malawi for his inauguration. His son Nick Chakwera has benefitted from Sattar money at its open secret as well.
Chakwera must fall as soon as possible.