UTM Party stands steadfast in solidarity with its president Saulos Chilima

* We are not going to make further comments henceforth until this issues comes to its logical conclusion

* As a party that has absolute belief and trust in Malawi’s justice system

* We have absolute confidence that justice will prevail in the end

By Duncan Mlanjira

Following President Lazarus Chakwera’s decision to withhold his Vice-President Saulos Chilima from any delegated duties while waiting for the Anti-Corruption Bureau (ACB) to substantiate its corruption allegations against him, the UTM Party maintains that continue to give its unwavering support to its president in the Tonse Alliance.

A statement from publicity secretary, Frank Mwenifumbo, says the UTM is “shocked and saddened by the turn of events” that was announced by Chakwera in his national address on Tuesday, saying “as a party that has absolute belief and trust in Malawi’s justice system, we have absolute confidence that justice will prevail in the end”.

“We are not going to make further comments henceforth until this issues comes to its logical conclusion. We continue to give our unwavering support and follow to our President who led us through all trials and tribulations before and during the campaign period that ushered us in this present Government.”

Chakwera’s decision was made after high ranking public officers — including Chilima — are mentioned in investigations being carried out by UK security agent that involves high profile corruption suspect.

Chakwera had said since the Vice-President’s office “is unique in that the Constitution does not provide for his suspension or removal from it by the President” and that “he holds that office by the will of Malawian voters” — which he respects, this was “the best” he could “do for now”.

The President also acted on others implicated that includes the Inspector General (IG) of the Malawi Police, George Kainja, who was found by the ACB to have been recorded through telephone conversations with Sattar — allegedly discussing procurement deals and kickbacks — thereby deemed to have been compromised and has been fired from office.

Meanwhile, prominent lawyer, Khumbo Bonzoe Soko attracted mixed reaction on Wednesday when he posted on Facebook a statement that was deemed as being sympathetic to Chilima — who also happens to be his client.

Bonzoe Soko wrote: “Ordinarily, accusations of criminal wrongdoing should be made in a court of law. That gives those accused an opportunity to say their piece.

“Accusing people of criminal wrong doing via lists is one of the most irresponsible and unfair things that anyone can do. It causes people great prejudice and puts them in a quandary — do I go to the court of public opinion to try to clear my name? Or as someone in potential legal jeopardy, do I hold my horses until they come after me?

“But what if eventually the prosecutors come to the view that there is not enough evidence to prosecute someone? Remember the bar for convicting people in a court of law is far much higher than that needed to finish them off in a court of public opinion.

“That is why it’s easier to do the latter. You can do the latter why sitting on your toilet seat.

“This is a matter of rights — and basic fairness I think. Don’t charge people in the court of public opinion. They will be convincted even before they take plea. Instead, if you really believe in your story, let it be taken through the harsh furnace of a litigation process.

“What is happening with the Sattar investigation may make for interesting news headlines. But we may be getting the basics wrong,” Bonzoe Soko wrote.

In his response, Samson Malata agreed with Bonzoe Soko but was cautious by asking: “…should we leave people in their positions who are being suspected for fear of damages and that should be applicable to everyone regardless of their position?”

Jimmy Thembakako also agreed with Bonzoe Soko, saying people  “are calling for action basing on emotions and we may pay a huge price for it.

“We are relying on work done by others to make a big decision. I wonder how we do it in our marriages — it’s just like saying ‘akazi anu akupanga chibwenzi ndamva kwa So and So and then inu nthawi yomweyo kulemba pa social media; kenako mwasamukako — doing all this without scrutinising the person saying it, or asking your spouse about it, koma kupangiratu ma conclusion onse.”

Symon Chiona opined that Chakwera took a “wrong direction, especially on public figures like the VP” as “it might backfire”, but Dalitso Godknows said the decision taken was “for smart investigations not necessarily firing or suspending,” saying Malawians voted the President into power, and he has done what voters were looking forward to”.

“Had it been he’s not acting, ife bwenzi tikuona kuti Apule akudziwapo kanthu (if he hadn’t acted that way, we would suspected that Chakwera is part of the mess).

“I am of the view that the decision is good for the country as a whole for public interest. Taberedwa kokwana (the country has been robbed for far too long). We can’t continue using the [same] routine and expect different results.”

Chancy Mtambo agreed with Nicodimo totally, saying “no one has been crucified but rather the President wants investigations to be carried out without their interference, which is a norm world over!”

Other commentators chided Bonzoe Soko by indicating that as Chilima’s legal counsel, he shouldn’t turn to social media to gain sympathy but rather to intensify his focus on defending him while Chizamsoka Manda reminded that “the court of public opinion is very much alive in Malawi — unfortunately”.

Dingi Mithi’s contribution was that “this is a very tough situation — it’s getting to the egg and chicken situation. Looks like people believe in the Kangaroo court because it does a quick job that can surely backfire. That’s a political endgame counsel. We will pay for it and nobody cares.”

Madalitso Nkhata said “unfortunately, it appears that [the court of public opinion] is what most people appear to love. Sadly, even those who are learned and ‘self proclaimed’ social media activists are advancing the same”.

Tamanda Kapalamula, while agreeing with Bonzoe Soko “that it is unprofessional to issue the list to the public before those alleged to have conducted corruptly in execution of their public duties are tried in a court of law and proven guilty”, he was of the opinion that it is right to relieve decision makers from their public duties, saying their appearance of wrong doing in the public opinion is “ethically as good as wrong doing”.

“Public positions are positions of trust and any wrong doing or appearance of the same must be dealt with ethically to gain public trust. Ethics is beyond rights and freedoms and it is beyond what is legal.”

Elias Nyirenda said: “An investigation of this scope [and] of this seriousness and of this sensitivity requires skilful hands and a coolhead — to avoid rookie procedural and strategic mistakes that risk giving the corrupt cartels in our land a footing to obstruct and oppose every move  we make to defeat them.

“The stakes are way too high for that. What Malawians deserve from  the Bureau is substance that makes a difference in pursuit of justice — not just suspicion that makes the headlines.”

Manman Gawana observed that this seems to be a repeat of 2013, accusing that “whenever the DPP is out of power, they use their corruption roots to deal with new government” while hinting that the infamous Cashgate started during Bingu wa Mutharika’s administration.

“There was an audit report that Bingu sat on. Shortly after JB took over, the DPP used their network to expose what they had been doing and smear [it on] JB.

“Chizuma doesn’t seem to know or she seems to think her trusted friends are clean. She doesn’t know that they are directing her to do DPP dirty work. Chizuma herself has said Sattar saga goes back to 2008. For an unexplained reasons, she only focuses on 2020/21. It so happens that that is what UK court has done.

“One would have expected that she would outline the details from 2008 and let Malawians know how Sattar has captured every government [and to] state her next course of action — whether she will prosecute, continue investigating or wait for UK courts to conclude their case.

“If UK courts, where she lifted the information, throw out the case, will she also stop her investigations? If UK decide to use the named people as witnesses, will she go ahead and prosecute them?

“Chizuma should have done an independent investigation based on the information available in the 14 Sattar ledgers. Interview everyone on that list to establish facts before concluding her work.

“The list may not be of the actual money received. During [Zaire President] Mobutu Seseseko rule, he would tell Minister of finance that he needed $1 million on a trip to USA. Minister of Finance would tell Bank Governor that Mobutu needed $2 million. The Bank Governor would take $3 million from the bank. In Bank records, Mobutu took $3 million. Only if Mobutu was asked would the truth be known.”

Pamela Gondwe summed it up by saying: “With the coming in of social media, times have changed, it is not business as usual anymore. Better resist kick backs and corruption to avoid public courts.”

To which Catherine Makhumula agreed, saying: “We in the public service know that we are held to the highest standards. That any proof of misconduct (criminal or not) warrants termination or suspension to pave way for further investigation.

“This is provided for in our laws and has been going on from time immemorial. Whether the courts proceed with criminal cases is irrelevant in this regard.

“I thank God daily for the British courts because, ironically, the proceedings from that court are causing an avalanche of developments in our systems and people are being forced to act.

“This is a system where all this could have been kept under the carpet under the pretenses of ‘innocent until proven guilty’, a s***thole system where judges receive ‘school fees’ are totally captured.”