The Anti-Corruption Bureau (ACB) has clocked one year without a substantive director general (DG) amid court battles on the recruitment of Martha Chizuma’s replacement.
The situation defies the Corrupt Practices Act in Section 6 b (7) which states that in the event that the director is incapacitated or the office is vacant, the deputy director general shall act in his place for not more than six months.
In separate interviews yesterday, legal minds indicated that the trend is expected to continue due to an existing court case relating to the recruitment of a new DG.
Deputy DG Hilary Chilomba has been heading the bureau as acting DG since June 2024 when Chizuma’s contract expired in May 2024.
The law provides that a deputy DG can act as DG for a period not exceeding six months but in December 2024, President Lazarus Chakwera reappointed Chilomba as acting DG to avoid a leadership vacuum at the bureau as the Office of Ombudsman investigated complaints surrounding the recruitment process of the DG.
However, six months has elapsed since Chilomba was reappointed, and the court case is yet to conclude.
Yesterday, presidential press secretary Anthony Kasunda said the Ministry of Justice was better placed to comment on the status of the recruitment of the ACB chief.
However, Ministry of Justice spokesperson Frank Namangale asked for more time to respond to the matter while Attorney General Thabo Chakaka Nyirenda was not reachable on his phone.
Meanwhile, legal experts have said the President has no choice but to extend Chilomba’s acting position until the court matter on the recruitment process is resolved.
In an interview, Catholic University dean of law James Kaphale said it is only Chilomba who can act as DG and considering that a new DG has not been identified, he will continue to act.
“The President cannot go outside to find someone to act as director general because there is a deputy director general who is supposed to act in that position,” he said.
Kaphale also said since some candidates obtained an injunction restraining the Ombudsman from stopping the recruitment process, the President cannot proceed to appoint someone else, adding that in the event that the court upholds the Ombudsman’s determination the appointment will be invalid.
Another legal expert Justin Dzonzi said the President has an excuse for the current situation where the deputy director general has to continue acting.
He said since there is an ongoing matter in court that is yet to be resolved, the deputy director general will continue acting.
“It is beyond the President because there is a matter in court,” said Dzonzi.
Last year, government embarked on a recruitment drive for the ACB DG, but there were allegations of irregularities in the shortlisting and interviewing process.
Ombudsman Grace Malera, whose office investigated allegations of irregular and unprocedural shortlisting and interviewing of two candidates namely Oscar Taulo and Chilomba, later ordered the Ministry of Justice to disqualify the two candidates and restart the process.
However, Taulo and Chilomba obtained an injunction stopping the determination of the Ombudsman and made an application for judicial review of her decision.
