Msisha barred in Chilima case
Director of Public Prosecutions (DPP) Steven Kayuni has confirmed advising Anti-Corruption Bureau (ACB) against engaging lawyer Modecai Msisha to prosecute the case against Vice-President Saulos Chilima, but won’t make public the justification out of respect.
In an interview last evening, the DPP said he has communicated in confidence to the ACB the reasons for his decision barring the Senior Counsel from leading the graft-busting agency’s prosecution team.
“The reasons have been con f i d enti a l l y communicated to the ACB. I have so much respect for Msisha, SC, as such I cannot discuss this in the media,” Kayuni said in a brief written response.
But a source in the legal fraternity hinted that one of the reasons could be that Msisha is conflicted as he is also representing ACB director-general Martha Chizuma is a case against corruption suspect Ashok Nair.
Malawi Law Society (MLS) honorary secretary Chrispin Ngunde said in a written response last evening that they had not seen the application from the ACB, but the law does allow the ACB director to appoint any legal practitioner in civil matters.
He said: “In terms of the law, Section 5B of the Corrupt Practices Act [CPA] expressly permits the Director of ACB to appoint any legal practitioner to provide legal representation to the ACB in civil matters, but the Corrupt Practices Act is silent on legal representation in criminal matters.
“However, the ACB has on previous occasions been assisted in criminal matters by private legal practitioners who are appointed by the DPP in exercise of his powers of delegation under Section 100(1) (b) of the Constitution and power to appoint public prosecutors under Section 79 of the Criminal Procedure and Evidence Code.”
During commemoration of Malawi Parliament Anti- Corruption Day at Parliament Building in Lilongwe on Wednesday, the ACB chief refused to comment on the development.
Efforts to source a comment from Chizuma last evening following the DPP’s confirmation again failed to yield positive results as she did not pick The Nation calls.
But the bureau’s director of legal and prosecution Chrispine Khunga is on record as having said ACB beefed up its prosecution team by hiring Msisha due to his expertise and experience.
He said: “It’s a big case, not just because it involves a sitting Vice-President, but because of other issues that require proper consideration. We explained two things: One, that the case should go to the High Court so that a special division of the High Court should look at it.
“We also explained to the court that the prosecution team will be led by Senior Counsel Modecai Msisha, who has already been engaged.
“We plan to bring him because of the experience that he has, the expertise we think he has, which can be gelled and added to internal skills that are there in the bureau.”
The ACB engaged Msisha to prosecute the case in which Chilima is alleged to have received $280 000 and other items from United Kingdom-based businessperson Zuneth Sattar as a reward to assist in the award of government contracts to companies belonging to him.
However, there was a requirement to seek the DPPs consent.
Speaking at Parliament Building on Wednesday, Legal Affairs Committee of Parliament chairperson Peter Dimba said the committee had information that the DPP has refused to grant consent to have a private lawyer prosecute the matter.
He said: “The Director of Public Prosecutions has actually denied authorisation of consent for ACB to engage some private lawyers to help ACB prosecute some cases. As Legal Affairs Committee, a committee that provides oversight to the ACB, we are not amused with this action.”
Dimba said the committee viewed the action by the DPP as an attempt to frustrate the work of ACB in the fight against corruption. He called on the DPP to reconsider his position
He said: “There is no reason why the DPP should impede the operations of the Anti-Corruption Bureau. In fact, that is against the spirit of making ACB independent as per the amendment that we passed in the last sitting of Parliament.”
Chilima, whos was arrested on November 25 2022 and was granted court bail the same day, is facing six counts of which three are for corrupt practices by a public officer contrary to Section 24(1) of the Corrupt Practices Act (CPA), two are for receiving advantage for using influence in regard to contracts contrary to Section 29 (1) (b) of the CPA.
He is also answering a count of failing to make a full report to a police officer or an officer of the ACB that an advantage had been corruptly given contrary to Section 36 (1) of the CPA.
