GVT WITHDRAW APPEAL

Martha Chizuma

 

Finally the Government of Malawi follow a step stretched by the DPP, as all charges against Chizuma dropped.

Just hours after Chizuma set free, government has however withdrawn its appeal against the High Court ruling over the interdiction of Anti-Corruption Bureau (ACB) director general Martha Chizuma.

The state hired Lawyers have withdrawn an application for appeal which was filed at the Supreme Court of Appeal in opposition to a High Court ruling that rejected government’s application to vacate an injunction restraining Secretary to the President and Cabinet Colleen Zamba from interdicting Chizuma.

Chancy Gondwe, one of the state hired Lawyers, who was representing the state alongside George Kadzipatike, has confirmed saying they initially wanted the court to adjourn the matter but Justice John Katsala declined.

“The government side later applied for withdrawal of the matter and lawyers representing Malawi Law Society (MLS), Patrick Mpaka and Chrispin Ngunde, did not object. The court proceeded and withdrew the case,” Nation Online reported.

Mpaka told Nation Online the withdrawal means that there is no case in the Supreme Court.

On January 31, Zamba interdicted Chizuma over criminal charges she was facing due to remarks made in a leaked audio.

DPP Masauko Chamkakala dropped the two criminal charges against Chizuma, as per his promise after his confirmation by Public Appointment Committee of Parliament, look into the cases Chizuma was answering.

“I decided to discontinue the criminal case against Ms Chizuma in line with the prescriptions of the Constitution and other relevant laws. This is to ensure that the functionality of the ACB is not impeded,” said Chamkakala.

The Malawi Law Society (MLS) is yet to make a decision on whether to withdraw an injunction and the subsequent judicial review it was granted when it challenged the government’s decision to interdict Anti- Corruption Bureau (ACB) Director General Martha Chizuma.

Lawyers’ body is in round-table with Director of Public Prosecutions (DPP) Masauko Chamkakala and Attorney General Thabo Chakaka Nyirenda on the environment surrounding the dropping of the charges and the interdiction.

There is no official communication from Secretary to the President and Cabinet Colleen Zamba indicating that the decision to interdict Chizuma has been reversed despite directing so.

Further clarification, there has been no formal document indicating that the State has withdrawn its appeal at the Supreme Court of Appeal despite hired State lawyer George Kadzipatike. 

A court submission by MLS wants some declarations to be made.

In the submission, Malawi Law Society, wants the court to make a declaration on Zamba and the other respondents’ actions, describing them as abuse of office and unconstitutional.

“We seek a declaration that in the premises of the declarations and orders, the respondents (Zamba and others) are guilty of misfeasance and abuse of public office,” the submission reads.

In the submission, they also want the court to declare that, under the circumstances, Zamba, the Lilongwe Chief Resident Magistrate Court and State Prosecutor Levison Mangani’s decisions are unconstitutional, unlawful, unreasonable, ultra vires, procedurally unfair and unjustified.

"We seek a declaration that the true construction of sections 12, 13,30 and 98 of Constitution, as read with sections 4(3), 5B, 22 and 51A of the Corrupt Practices Act, the occupant of the office of the Director of the Anti-Corruption Bureau in Malawi is immune from any civil or criminal proceedings in respect of any act or thing done or omitted to be done unless bad faith in respect of such act or thing is alleged,” reads MLS submission.

MLS, in the submission, seeks a declaration that the decisions of the respondents, made between January 25 and 31, to respectively issue a summons and charge sheet and an interdiction order against Chizuma, on account of alleged criminal conduct based on a leaked audio recording without any allegation of bad faith in the recorded conversation, are unconstitutional.

“It amounts to impairment of the immunity clause and interference with the independence of the bureau and is contrary to public interest for breach of the purpose and intent of sections 12, 13, 30 and 98 of [the] Constitution as read with sections 4(3), 5B, 22 and 51A of the Corrupt Practices,” MLS’s submission reads.

When contacted for a comment and a confirmation on whether MLS will withdraw its case at the High Court or not, MLS President Patrick Mpaka refused to comment on the matter.

Asked whether the society will press on with the Chizuma case and the submissions, Mpaka said: “MLS will process the developments and generate a suitable legal framework with which to manage the court proceedings according to the applicable legal standards.”

In a Facebook post, Danwood  Chirwa stress that Zamba has not yet retracted the letter that suspended the ACB Director General, adding that there is no formal document indicating that the appeal by the State is, indeed, withdrawn.

Law professor Danwood Chirwa has warned against premature celebration of DPP’s withdrawal of charges against Chizuma.

Chirwa said President Lazarus Chakwera was supposed to instruct Zamba to retract the interdiction letter immediately after the DPP announced his decision.

“Instead the President chose refutations first and last. Not that we are surprised,” reads the last part of the post.

Chamkakala announced the withdrawal of all charges against Chizuma after a long legal battle between MLS and Attorney General’s hired lawyers.

Meanwhile, civil society organisations (CSOs) welcomed Chamkakala’s decision to put down files of  Chizuma’s alleged defamation case.

The CSOs— namely Human Rights Defenders Coalition (HRDC), Centre for Democracy and Economic Development Initiative (Cdedi) as well as the Citizens for Justice and Equity— have described the move as timely.

HRDC Chairperson Gift Trapence has described the DPP’s decision as a stitch in time.

“This is the type of leadership that Malawians are looking for,” he said.

Cdedi Executive Director Silvester Namiwa also lauded Chamkakala.

He, however, said Chakwera must openly commit to let public officials do their job.

“Chizuma should, on her part, act fast on cases now,” Namiwa said.

Nevertheless, Citizens for Justice and Equity, a grouping which has been in support of Chizuma’s interdiction, said while it welcomed the decision, there are indications that the decision has been made because of potential sanctions that donors would have imposed on Malawi.

“We welcome that because the government has weighed two options; safeguarding the rights of one person and jeopardising the wellbeing of the population at large,” vice chairperson Alfred Munika said.

The government was in court trying to fight the Malawi Law Society, which had challenged the government’s decision to interdict Chizuma in court.

Development partners, including the United States, Britain and Norway, condemned the government for the move, accusing it of suppressing the fight against corruption.

President Lazarus Chakwera issued a press statement distancing himself from reports that he ordered the discontinuance of Chizuma’s criminal cases

MCP TO VIOLET PARTY'S CONSTITUTION

The Malawi Congress Party (MCP) national executive committee (NEC) mandates to beyond its constitutional l y prescribed five-year mandate, it has emerged.

Malawi Congress Party spokesperson Reverend Maurice Munthali, has attracted condemnation from inner circle and analysts, spotting it as violation of its constitution.

However, President Lazarus Chakwera’s NEC was elected in May 2018, and the party’s constitution stipulates that the committee stays for five years meaning that tenure expires in May this year.

Article 35 (1) reads: “Members of the national executive committee, except the regional chairpersons, shall be elected by the party convention and shall hold office for five (5) years.”

Meanwhile, Munthali acknowledged that their tenure expires this year and confirmed that the party’s elective convention will be held next year. 

“MCP does not need to be reminded that the constitution demands that we have to meet as a convention every five years.

We knew that from 2018 the year for another convention is 2023 but then as national executive committee we agreed, on behalf of the party, that we should hold the convention one year ahead of the election. That was the only reason.

This does not necessarily mean that we have worked against our constitution because we knew that we were going to meet in 2023.” Said Munthali

Munthali further said the resolution to shift the elective convention was due to the change in the country’s electoral calendar following a court ruling that annulled the 2019 presidential election results.

The High Court, in its verdict that ordered the fresh presidential election in 2020, changed the next tripartite electoral year from 2024 to 2025.

When told that analysts have argued that the NEC will be discharging its duties illegally if it does not get approval from the convention to continue operating, Munthali said, NEC legitimised itself.

“What we are saying is that it is the same Malawi Congress Party through the NEC members that agreed to shift the convention to 2024 and that as far as I am concerned meant that those holding office will do so until the next convention.

“To me, the resolution by the national executive committee on the positions were legitimised until the elective convention,” he said.

However, the party’s former Kasungu West constituency legislator Alex Major has opposed the NEC stand as illegal since it does not have the mandate to extend its own tenure.

Major, who is also spokesperson of the MCP’s pressure group Second Liberation of Malawi National/Malawi Congress Party, insisted that the party will hold the convention this year.

He added that they will disregard the decisions of NEC once its term expires in May as legally not binding.

Major said: “Before a decision is made the party structure needs to be informed whereby a general consensus is reached. This did not happen.

“We are told that this decision at the NEC meeting did not come as an agenda item. The secretary general brought up that issue as a communication.

“Who sat down and did that communication? Nobody knows. Again, it was not circulated to the general membership of the party structure. Whoever made that decision does not have that mandate.”

Legal expert Lonnex Kachamba also dismissed the party’s argument that it shifted the elective convention due to change in the country’s electoral calendar.

“MCP is guided by its constitutional provisions and not by the country’s electoral laws. The party’s argument is flawed and misplaced. The mandate extension is not legally binding,” he said.

Kachamba added: “Article 31(3) as read with article 35(1) of the MCP constitution is clear on electing NEC members through a convention and binding the members to a five-year tenure.

“For the sake of intra party democracy, this ought to be respected at all cost. Where are they getting the authority to extend the period?”

Political commentator Makhumbo Munthali described the NEC move as undemocratic, adding that it dents Chakwera’s image.

He said: “The decision is not just undemocratic, but a threat to its own constitutional stability. It does reflect the situation that individual, vested political interests reign supreme about the party constitution.

“At the same time, it does reflect negatively on Chakwera who has all along portrayed himself as someone who believes in rule of law and constitutionalism. If he is not able to uphold these values at party level, should Malawians really respect him to do so at national level.”

Source: The Nation newspaper

MLS NOT TO WITHDRAW INJUNCTION

Malawi Law Society (MLS) has been urged not to withdraw the injunction protecting Anti-Corruption Bureau (ACB) director general Martha Chizuma as the Lazarus Chakwera administration has not withdrawn the letter interdicting Chizuma.

Chizuma was suspended over a week ago by Secretary to the President and Cabinet Colleen Zamba over criminal charges she was facing. She is being protected by an injunction MLS obtained but the government wants the injunction vacated.

Yesterday, Director of Public Prosecutions Masauko Chamkakala confirmed that he has dropped the criminal charges against Chizuma, which means Zamba’s interdiction order has no legs to stand on.

However, Zamba is yet to withdraw the interdiction of Chizuma and  law professor Danwood Chirwa of the University of Cape Town in South Africa has advised the MLS not to withdraw its injunction.

“As long as Zamba’s letter remains not retracted, the appeal lodged by Thabo Amnesty Pro Bono Nyirenda still stands. In fact the ACB lawyers would be foolish not to show up on Monday at the Supreme Court. Those pro bono folks will surely be marauding the place. They have thrown us a seductive red herring,” said Chirwa in a Facebook post.

He also faulted Chakwera over his statement released through State House in which he has denied ordering the DPP to drop charges against Chizuma. According Chirwa, the DPP reports to Chakwera and it does not make sense for the President to claim that he respects the independence of the DPP and the Attorney General.

“How can you say in the same statement (1.) that the President respects the independence of the DPP and (2.) that the ACB Director is the President’s champion in the fight against corruption? The ACB Director acts for the people, is independent from the President. Please don’t be confused about this.

“While on the topic of issuing directives and denials, please remember that you have authority to instruct Zamba to withdraw the unlawful letter. In fact that’s what you should have done the moment the DPP acted: instead, you chose refutations first and last. Not that we are surprised.”

CHAKWERA SETS CHIZUMA FREE

Chakwera

The Director of Public Prosecutions (DPP) Masauko Chamkakala has withdrawn all court cases against Anticorruption Bureau (ACB) Director General Martha Chizuma. 

Chamkakala confirmed that he has taken the initiative after reviewing the cases, and that his decision is in line with President Lazarus Chakweras agenda to remove impediments that stand in the path of institutions like the ACB in the fight against corruption.

Chizuma was answering different charges bordering on conduct culpable of prejudicing court proceedings following a leaked audio in which she discussed ACBs investigations with a third party.

This means the duo Embassy UK and US fought a winning battle, whereas they releases sentimentsof which they aimed to pressurise the Malawi government to stop court proceedings against ACB boss Chizuma.

The two donor states describing the action as attempts to sand the fight against corruption in the country. 

Meanwhile hours after President Chakwera directed the removal of Chizuma cases, a political activist Joshua Chisa Mbele writes on his Facebook page;

“Dear President Chakwera 

Customary Salutations & All Protocols Observed. Ulemu wanu pamodzi ndi Madam First Lady.

Lets go straight to the point:

(1) Its extremely dangerous for the President of the Republic to allow anyone to use the Constitutional Powers of the President to obstruct justice and or undermine other organs of State. 

Anyone shall mean friend, political crony, spouse kapena wapatchire or any ally in financial crimes.

(2) To regain the lost glory, you can now go the route of the Kenyan President. Go on the podium and say it publicly as follows;

(a) You will no longer allow any government department to drag another government department to court. 

(b) Secondly, government will no longer arrest or drag any citizens for speaking their minds. You cant regulate peoples freedom of thought and or expression. Thats their fundamental right in a democracy.

(3) Do not use friends, relatives, church associates and or concubines as Advisors. You get blindsided. 

(4) Dont cultivate and feed personal dislike or hatred against an individual under your Presidency. You are the 1st Citizen and everybody else is under you. 

(5) Dont hide behind people when doing things. Learn from former US President Obama who said Good Policy is Good Politics. There will be no need to use small bushes to execute devious stratagems." Writes Mbele

Mbele's statements means, the state president has all legal powers to control external forces not to drag any department of government including those in helm of them to court.

AG SENTIMENTS AROUSE QUESTIONS

Attorney General Thabo Chakaka Nyirenda announced that the private practice lawyers which the State has hired in the interdiction injunction case of Martha Chizuma, are offering their services for free.But this arrangement arouse many questions, as he says the these lawyers are offering their services probono.

Thabo Chakaka Nyirenda

 

The State, through the Attorney General’s office, announced earlier in the week the hiring of private practice lawyers George Kadzipatike, Chancy Gondwe and Kalekeni Kaphale to take up a case in which the Malawi Law Society (MLS) obtained an injunction against government’s interdiction of Chizuma, Director General of the Anti-Corruption Bureau (ACB).

However, Kadzipatike and Gondwe are the ones seen active on the case filing documents appealing the rejection of their application to have the MLS injunction stayed.

Friday, Nyirenda announced that the two lawyers are working probono, that has signals to so many questions.

When asked to confirm that he was offering free services and for what interest, one of the lawyers, Gondwe, said he could not disclose what he called “privileged information”.

“I can’t disclose that information. That is privileged information between myself and my client. I respect the confidentiality that I owe my client on this.

“Lastly, I have no instructions from my client to talk to the media on that subject,” he said.

According to Legal Education and Legal practitioners Act, a matter shall qualify for pro bono legal service if that service benefits:

We asked the Attorney General whether the hiring of the private practice lawyers to offer free service to State fits in this frame and also his reaction to civil society organisations and other stakeholders who have questioned the arrangement.

He said it is a requirement for all private practising lawyers in the country to conduct a free service before renewing their licences.

“The civil society organisations are entitled to their interpretation of the law but let them be assured that all legal processes were followed,” he said to a question whether his arrangement followed procurement procedures in the public service.

But another Lilongwe-based private practice lawyer who did not want to be named said since the rules as to who and what qualifies for free legal service are clear in the Act, the Attorney General’s arrangement raises serious questions.

“Is the Secretary to President and Cabinet or Chief Resident Magistrate or Police Prosecutor who these private practice lawyers are representing disadvantaged individuals or charitable organisations? Clearly no,” the lawyer said.

The lawyer further said neither does the engagement hold on the question of general public interest.

“How does government interdicting its own reputed champion in the fight against corruption benefit the public? How can defending such a cause qualify as a pro bono service?” said the lawyer.

According to the lawyer, the AG may have made the announcement in a bid to run away from being accused of breach of procurement laws.

South-Africa based law professor Danwood Chirwa said civil society organisations and all others are justified in questioning the AG’s statement that the two lawyers are offering their services for free.

“We know that Malawian lawyers have a warped understanding of pro bono work. More concerning is that a case for which the AG has appointed private practitioners is about stifling the ACB and its Director General so that they do not carry out their anti-corruption crusade,” Chirwa said.

At a press briefing Friday, 10 civil society organisations said they are not convinced with the Attorney General’s announcement that government is not paying any penny to the two lawyers.

The CSOs were addressing the press on the outcome of their meeting with the Nyirenda on Thursday.

The CSOs which include Youth and Society (Yas), Catholic Commission for Justice and Peace (CCJP), Centre for Social Accountability and Transparency (Csat), Centre for Human Rights Rehabilitation (CHRR), Human Rights Defenders Coalition (HRDC) and Women Movement among others held a closed door meeting with the Attorney General with regard to Chizuma situation and the fight against corruption in general.

At the press briefing Friday, the CSOs expressed surprise at the arrangement and questioned the interest of the lawyers to offer their services for free to government.

“There is no way private lawyers can allow to be hired to represent a case for free,” said Charles Kajoloweka, Yas Executive Director.

“Pro bono is only done to people who cannot afford to pay legal fees for their case. What is their interest? And why is government so keen to work on this case with speed? He asked.

At the press briefing, National Anti-Corruption Alliance chairperson Moses Mkandawire said the civil society are scheduled to meet the Chief Justice to discuss with him over what they think frustration the judiciary has created in the fight against corruption.

He said there are many corruption cases that have stalled in the judiciary system and they want to hear from the Chief Justice on what they are doing about it.

ZOMBA CONCERNED CITIZEN DEMANDS CHIZUMA'S REMOVAL

Concerned Citizen_(Zomba)

A grouping of concerned citizens in Zomba has called on President Lazarus Chakwera to remove Anti-Corruption Bureau (ACB) Director General Martha Chizuma over her audio clip.

The concerned citizens took their stand on the Chizuma case on Friday at Zomba Gymkhana Club during a press briefing which was led by Patrick Majawa who is chairperson of the concerned citizens.

Majawa said Chizuma should pack up and go for divulging what was supposed to be kept under wrap.

The Zomba based concerned citizens said ACB under Chizuma is not effective as it is yet to begin prosecuting cases involving people suspected to have received bribes from United Kingdom based businessperson Zuneth Sattar.

The grouping also observed that the ACB was failing to issue an warrant of arrest for Sattar.

“Capital hill should have proceeded to relieve the ACB Boss for failing to promote the Malawian interest and also failing to uphold the decorum required of her office as evidenced in her careless conversing with a friend over serious matters under her prosecution.

“We appeal to the President to simply effect the rules that govern the removal of the ACB Director and arrange to recruit a new Director who will pick up the issues from where the current office holder left them. Ms Chizumas return at ACB won’t be productive but will be one full of vengeance and will be costly to the tax payer’s money,” reads part of the statement.

The concerned citizens have further demanded US ambassador to Malawi, David Young and British High Commissioner in Malawi Sophia Willitts-King to stop interfering in Malawi’s internal affairs saying Malawi is a sovereign state.

“We do not want to be incited to rise against one another simply because the US wants an individual at the expense of Millions of Malawians who are capable to fight corruption on our own.

“It is in this respect that we applaud government for swiftly responding to the US ambassador as thus the spirit Malawi is known for. We have a duty to defend our sovereignty and ensure that foreign missions do not dictate our approach to issues but should simply offer suggestions and guidance diplomatically; with dignity and respect in the spirit of the Vienna Convention,” reads part of the statement

KALINDO BACK TO STREET MARCH

Concerned Citizen_Kalindo(middle)

A grouping  of concerned citizens says it will conduct mass demonstrations in all parts  of the country to demand the resignation of President Lazarus Chakwera, Secretary to the President and Cabinet Colleen Zamba and Attorney General Thabo Chakaka Nyirenda.

The grouping led by Bon Kalindo , Phunziro Mvula and Redson Munlo made the statement today at a press briefing in Lilongwe.

Kalindo said Chakwera should resign because he has shown lack of leadership and Malawians are suffering under his admnistration.

He spotted that Colleen Zamba and Thabo Chakaka Nyirenda should also step down because they have shown to be compromised.

“The Attorney General promised Malawians that he would recover the money that was corruptly given to the butcher man for the purchase of AIP Fertilizer. He further promised Malawians  that he would resign if fails to get back the money. To date there is a dead silence on the matter. This is a cause for worry as a Nation,” he explained.

Kalindo also accused government through Disaster Management (DODMA) of distributing maize to people in affluent areas of Lilongwe such as Area 25  instead of distributing it in areas where there are poor people.

He then asked Anti-Corruption Bureau Boss Martha Chizuma to act accordingly while is enjoying support from the nobles in the community

“Your war is our war was well. Bring to book anyone  deemed to be on the wrong side of the law. To government we say , a slow movement of a tiger towards its prey should not be mistaken for fear rather, it is an accuracy calculation to pounce,” he said.

According to Kalindo, the grouping have decided to hold the demonstrations on March 20 because they are working with counterparts in South Africa  led by Julius Malemia who will also be holding demonstrations on the same day aimed at forcing the country’s president to resign.

DPP SENIOR OFFICIALS SUMMONS CHIKWAWA, NSANJE LEADERS

The main opposition party DPP senior Secretariat Region Committee officials held a tactical meeting with all Chikwawa and Nsanje DPP grassroots leaders.

Main themes to the meeting was to strengthen party structures, updating leaders to the two districts on the progress of the functional review, welcoming new members from Lower Shire who have been incorporated in the National Governing Council (NGC), and also to advice on the incident where Chikwawa North Constituency parliamentarian dumped the Opposition DPP to joined the ruling party last week. 

However the senior officials crap hands to the bi-districts party leaders for standing firm to the Partys leadership and spot word of encouragement for them to continue on building structures as it acknowledged to be the only way for the main Opposition side DPP to win the forthcoming elections. 

To other extent the DPP seniors bemoaned the tendency of indiscipline noted from some party members who claims to be Nation Governing Council  members, holding unsanctioned press briefings, writing unauthorized internal memos concerning suspensions and appointments, and using Party emblems without proper authorization.

Lower Shire party leaders have been urged not to entertain people who bring in confusion and aimed on to their try divide the party.

DPP Spokesperson Shadric Namalomba, MP, National Organizing Secretary Chimwemwe Chipungu, DPP Administrative Secretary honorable Francis Mphepo and Charles Mchacha are the ones that led the team from Secretariat and region office.

MW GOVT VS US EMBASSY

 

The United States Embassy in Malawi has condemned the Malawi Government under President Lazarus Chakwera for waging a war against Anti-Corruption Bureau (ACB) director general Martha Chizuma.

In a statement today, the embassy has said the actions of the government have severely undermined the credibility of the Chakwera administration’s fight against corruption.

In December, Chizuma was arrested over her leaked audio and last week Secretary to the President and Cabinet Colleen Zamba suspended Chizuma due to the allegations relating to the audio.

This week Malawi Law Society (MLS) obtained an injunction against the interdiction of Chizuma as well as the arrest and continued prosecution.

However, the government through Attorney General Thabo Chakaka Nyirenda yesterday made an urgent application to vacate the injunction.

“The Attorney General’s urgent application yesterday a court order isssued earlier this week culminates two months of harassment by Government of Malawi officials against Anti-Corruption Bureau director general Martha Chizuma,” the United States Embassy has said in its statement.

The embassy has also expressed concern that no one who carried out or authroised the arrest of Chizuma has been held to account but instead a Commission of Inquiry established by the Government released an “unbalanced report” that did not address violations of Chizuma’s fundamental rights.

According to embassy, it expects government to actively pursue the fight against corruption and not to wage a campaign 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 Malawi Government’s stated commitment to the fight against corruption,” reads part of the statement

US Embassy writes

 

Meanwhile, there are reports that the government has ordered the private practice lawyers to appeal the judgement made in the High Court in Blantyre.

On Tuesday, Malawi’s top attorney engaged private practice lawyers Kalekeni Kaphale, George Kadzipatike and Chancy Gondwe as part of the State’s defence team in the matter.

Anti-Corruption Bureau (ACB) Director Martha Chizuma, is once again at liberty to return to office after High Court Judge Mike Tembo dismissed an urgent application by the State to restore her interdiction.

This came a day after the Malawi Law Society (MLS) got a court order stopping all processes commenced by the Secretary to the President and Cabinet in regard to Chizuma.

High Court Judge Justice Mike Tembo thrown out an urgent application which Attorney General Thabo Chakaka Nyirenda made challenging an Injunction which the Malawi Law Society (MLS) obtained against governments decision to interdict the Anti-Corruption Bureau (ACB) Director General, Martha Chizuma and her prosecution.

Justice Tembo in his judgement Wednesday, says the application lacks merit, and has been declined accordingly.

The AG had appointed three private practice lawyers including former Attorney General, Kalekeni Kaphale to vacate the Injunction, which MLS seeks a judicial review.

Kunkuyu-Information Minister

However, Malawi Government says it will not compromise its duty to protect the sovereignty of Malawi and protect domestic institutions such as the Anti-Corruption Bureau (ACB) and their officials from foreign interference.

Minister of Information Moses Kunkuyu has made the remarks in a statement today in response to a statement by the United States Embassy which has expressed support for ACB chief Martha Chizuma and condemned the Lazarus Chakwera administration for waging war against Chizuma.

In his statement, Kunkuyu said government will engage the US Embassy and ambassador through diplomatic channels over the embassy’s concerns about the Chakwera administration.

“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 the quest for continued cooperation in the development of Malawi and it’s people,” said Kunkuyu.

In its statement this morning, the US Embassy said the Government’s continued harassments of Chizuma undermines the credibility of the Government’s stated commitment to the fight against corruption.

Kunkuyu in his statement, claimed that the government is committed to fighting corruption and will continue strengthening governance institutions such as courts and law enforcement agencies because each of them has a part in the fight.

“Government maintains it’s resolve to continue its unwavering of the Anti-Corruption Bureau as an institution by making it more functionally independent and resourced,” said Kumkuyu.

He added that Government expects this support to result in speedy completion of cases which the bureau is handling.

MW gvt writes

3 OF 13 BILLS ASSENTED

Chakwera-President of Malawi

The State President Lazarus Chakwera has assented to three out of 13 bills that Parliament passed in the last meeting during its 49th session.

The three bills include the Appropriation Bill; Bill No.27 of 2022 African Development Fund (Southern African Development Community) Sub-Regional Transport and Trade Facilitation Project) Loan authorization; and International Development Association (Malawi Emergency Project to Protect Essential Health Services) Loan Authorisation.

The Appropriation Bill allows the Minister of Finance to utilise the reviewed financial budget tagged at K2.85 trillion.

Parliament spokesperson Ian Mwenye said Parliament has this month sent four bills to Chakwera for assent.

They include the Constitution Amendment, Public Auditor, Pension and Public Roads bills.

Mwenye said they are still cleaning the remaining six bills.

These are Presidential, Parliamentary and Local Government Elections; Fertiliser, Protected Flags, Emblems and Names (Amendment); Electoral Commission (Amendment); and Penal Code (Amendment).

“We are still working on them,” he said

Presidential spokesperson Anthony Kasunda asked for ample time to comment on the matter.

The Constitution and Presidential, Parliamentary and Local Government Elections bills provide a detailed process on how a second poll should be conducted in a presidential election where no candidate manages to achieve the majority of more than 50 percent in the first poll.

The pension bill provides for increasing the proportion of pension benefits to be paid as a lump sum at retirement from 40 to 50 percent and a reduction of waiting period on early payment of benefits.