ACB boss arrest irks donors, CSOs

Malawi’s key donors have expressed disappointment with the arrest of Anti-Corruption Bureau (ACB) director general Martha Chizuma, fearing that the action can undermine the fight against corruption.

While welcoming steps taken to correct the situation, including withdrawal of the charge and institution of a commission of inquiry into the arrest, the donors, notably the United Kingdom, United States of America and the European Union (EU) say they are concerned with events surrounding Chizuma’s arrest.

EU Ambassador Rune Skinnebach said they are concerned with the effect the arrest may have on ACB operations, adding that such acts may have a bearing on the ability of the EU to rely on government structures for channelling support.

He called on authorities to allow the bureau to function without distractions.

Said Skinnebach: “I am very concerned. Concerned about the ability of the ACB to operate under such circumstances and of the effect on the anti-corruption fight.

“I’m also concerned because obstacles to fighting corruption may have a bearing on the ability of EU and others to rely on government structures for channelling support.

“I am confident that the President, who has taken leadership in the fight against corruption, will know how to handle this. Nevertheless, the EU obviously stands ready to support if indeed requested to do so.”

In a written response to The Nation questionnaire, the US Embassy in Lilongwe condemned the arrest and the manner it was conducted, describing it as undignified. 

Reads the statement: “It has been widely reported that she was arrested in the middle of the night and pulled from her home in an undignified manner. She was then taken to a police station 48 kilometres outside of the capital escorted by a large group of heavily armed personnel.  These actions are highly irregular.”

The US also heaped praise on Chizuma for her courage in standing up against corruption, adding that this is the reason the US Secretary of State Antony Blinken announced  her as an anti-corruption champion, one of only 12 honorees  globally.

The UK, another major traditional donor to Malawi, said it was following events surrounding the arrest.

Acting British High Commissioner Sophia Willitts-King, in a brief response to our questionnaire, said corruption threatens Malawi’s prosperity.

She said: “The UK strongly endorses the Malawian President’s call for Malawians of courage and integrity to fight corruption. Corruption poses an imminent threat to the well-being and prosperity of Malawians. We are watching developments with regards to the arrest of the ACB Director General closely.”

Chizuma was arrested yesterday after the Director of Public Prosecition (DPP) Steven Kayuni, apparently in his personnal capacity, sought police intervention having been aggrieved by the ACB director general’s remarks about him in a January 2022 audio.

Her lawyer Martha Kaukonde said the ACB head was charged with an offence of ‘making use of speech capable of prejudicing a person against a party to judicial proceedings contrary to Section 113(1) (d) of the Penal Code’.

Meanwhile, eight civil society organisations (CSOs) have asked the Malawi Human Rights Commission (MHRC) to investigate allegations that Chizuma was ill-treated yesterday morning while in police custody.

The CSOs, who include NGC-Gender Coordination Network Malawi, Human Rights Defenders Coalition, Centre for Social Accountability and Transparency and Youth and Society, made the call in a statement issued at a press briefing in Lilongwe to respond to Chizuma’s arrest.

Others were Civil Society Coalition on Accountability and Transparency, Centre for Civil Society and Strengthening, and Malawi Human Rights Resource Centre.

The CSOs said they believed that Chizuma’s arrest was “directly linked to her uncompromising stance in the fight against corruption in the country.”

In an interview with The Nation, MHRC executive secretary Habiba Osman said the manner in which Chizuma was arrested undermined the bureau director general’s authority.

Chizuma has faced mixed fortunes since her appointment to the office on April 29 2021 by the President as prior to her confirmation by Parliament’s Public Appointments Committee, she was rejected by the same committee on May 11 2021 which attracted public criticism.

The former Ombudsman assumed her role as ACB director general on June 1 2021 amid high expectations from the public based on her previous role as Malawi’s public protector.

In January this year, Chakwera also rebuked Chizuma over the leaked audio that allegedly disclosed to a third party, the status of investigations.