CHIZUMA SUSPENDED

Martha Chizuma

The ACB boss Martha Chizuma suspended over her leaked audio and hours after she obtain warrant of arrest against Eisenhower Mkaka, who is Malawi Congress  Party Secretary General and 

In a letter dated 31 January, Chakwera’s administration through Secretary to the President and Cabinet Colleen Zambasuspended Chizuma because she is facing criminal charges over her leaked audio, and reports indicate that the interdiction letter was handed to Chizuma a few hours after she had obtained a warrant of arrest against Mkaka and Kayuni.

Chakwera’s administration through Secretary to the President and Cabinet Colleen Zamba, in a letter dated 31 January, suspended Chizuma because she is facing criminal charges over her leaked audio.

However, reports indicate that the interdiction letter was handed to Chizuma a few hours after she had obtained a warrant of arrest against Mkaka and Kayuni.

Around 11 am of 31th January, 2023, the ACB obtained a warrant of arrest for the former DPP Steven Kayuni and former minister Eisenhower Mkaka.

 

Later on at around 2 pm of the same day, Martha Chizuma receives an interdict order from SPC Colleen Zambia, effectively stopping her from carrying out duties as ACB Director.

The ACB had been investigating Mkaka on allegation that he received a vehicle from businessperson Zuneth Sattar who is alleged to have defrauded Malawi Government of billions of Kwacha through contracts.

Mkaka was a cabinet minister in Chakwera‘s administration after being first appointed in 2020 but was dropped from cabinet this week following a reshuffle.

ACB’s investigation into Kayuni started in November last year, according to the Commission of Inquiry report on the arrest of Chizuma.

It is alleged that Kayuni received travel allowances amounting to K5.5 million for an official trip to Austria. The trip was not undertaken and Kayuni told the commission that on 30th June, 2021, he offered to repay the allowances he had received.

Despite making the offer in 2021, Kayuni only repaid K3, 543, 750 on 1st December, 2022, a year and six months later.

Chizuma’s arrest on December 6 last year was based on a complaint by Kayuni who alleged that Chizuma, in the audio, described him as corrupt and compromised.

Malawians believe that the suspension of Chizuma is part of a plot by the Lazarus Chakwera administration to remove Chizuma from ACB.

“We are seeing here very corrupt office holders using their power to shield themselves from corruption probes,” said social commentator Onjezani Kenani.

Kayuni’s complaint to the police was based on a High Court ruling in a criminal review case which advised the DPP to undertake criminal proceedings against Chizuma over the audio clip if the state noted that there was sufficient cause for the same.



Chizuma

But the Malawi Law Society (MLS) Tuesday described the letter from the SPC as seriously misguided.

According to Zamba, Chizuma has been interdicted on full pay with effect from January 31 2023 up until the conclusion of the case.

The interdiction comes barely 13 days after President Lazarus Chakwera stood by his decision to not fire Chizuma over a leaked audio in which the ACB chief was heard discussing office matters with an unknown person in a telephone conversation in January last year.

The interdiction also comes barely a day after the Public Appointments Committee of Parliament confirmed Hillary Chilomba as ACB Deputy Director General.

Former Director of Public Prosecutions Steven Kayuni, High Court Judge Simeon Mdeza, businessman Zuneth Sattar’s close associate Ashok Kumar Sreedharan and Frighton Phompho have dragged Chizuma to court over allegations made in the audio.

In the same letter dated January 31 2023 to Chizuma, Zamba said she has received a report of the Criminal Court Case, Number 236 of 2023, sitting before the Chief Resident Magistrate in Lilongwe, where Chizuma is answering criminal libel charges which constitute a serious misconduct.

According to Zamba, Chizuma is answering charges of making use of speech calculated to lower the authority of a person before whom a judicial proceeding is being had, in line with Section 113 (d) of the Penal Code.

The SPC said the second charge that Chizuma is answering is with regards to making use of speech capable of prejudicing a person against a party to judicial proceedings, in line with Section 113 (d) of the Penal Code.

“Please note that the above allegations constitute serious misconduct of a public officer and an Anti- Corruption Bureau official in terms of Section 498 of the Corrupt Practices (Amendment) Act 2004, Anti-Corruption Bureau Standing Order Numbers D/18 (2) and D/18 (9): Sections 4 (4.5), 6 (6.1), 6 (6.3) and 14 (14.1) of Code of Conduct and Ethical Behaviour of the Anti- Corruption Bureau, Malawi Public Service Regulations (MPSR) 1:201 (6), 1 201 (11),1.201 (17) and 1 201 (19) and Contract Clause Articles I and II of your employment contract of 1 June 2021.

“In view of this, and in accordance with the Malawi Public Service Commission Regulation 42 (3) as read with Regulation 40, you are interdicted from exercising the powers and functions of your office as Director of the Anti- Corruption Bureau (Grade 1/C) effective 31 January 2023, with full pay,” Zamba says.

According to Zamba, following the interdiction, Chizuma shall cease to exercise any powers and functions of her office and shall not leave Malawi without written permission.

Meanwhile, the Malawi Law Society (MLS) has questioned the decision to interdict Chizuma.

MLS President Patrick Mpaka said the letter has probably been issued without considering issues such as jurisdiction and independence of the bureau.

“Due to the need for independence of the office of the ACB DG, [which is] under Section 4(3) of the Corrupt Practices Act.

“In Section 6(2) and (3), [the law] provides that the power to suspend or remove the ACB DG is in the President and the only reason is that it must be desirable in the public interest so to do.

“The letter in circulation does not make reference to the Act nor the reason under the Act. It should be doubtful if it has been authorised by the only authority that can suspend the ACB DG because, ordinarily, the President should know that the situation is well guided by the Corrupt Practices Act and I think the President understands this, if you listened to his speech of 24 January 2022,” Mpaka said.

Meanwhile a  private practice lawyer George Jivason Kadzipatike said it is normal for a person working in the public service to be interdicted if they are answering criminal charges in court.

According to Kadzipatike, one would not expect the ACB director to be an exception.

“It was going to be awkward if government allowed her to continue working while answering criminal charges. People should differentiate the office of the Vice President, which is regulated by the Constitution, from the office of a public servant, like Chizuma.

“Under Section 6(3) of the Corrupt Practices Act, it is the President who has the mandate to suspend the ACB Director,” Kadzipatike said.

On a quest to get Chizumas' say on the matter she did not pick up phone calls.