The Commission of Inquiry, established to investigate the plane crash that claimed the lives of Vice-President Saulos Chilima and eight others on June 10 2024 is mandated to conduct its proceedings publicly, according to details Weekend Nation has seen.
However, the Terms of Reference (ToRs) for the commission, a copy of which we have, also permit private sessions if deemed necessary.
Social and human rights campaigner Sylvester Namiwa, who was among those pressurising government to set up the inquiry, resigned from the commission just two days after taking his oath, citing the decision to hold the inquiry in camera rather than publicly.
The commission’s chairperson High Court of Malawi Judge Jabber Alide did not respond to our inquiries regarding the reasons behind this resolution.
According to the ToRs, the commission will determine the procedures for procuring the use of the MAF-TO3 aircraft from the Malawi Air Force.
Additionally, it will assess the state and performance of the MAF-TO3 on the day of the accident and the previous day.
The document reads in part: “Establish the notification of the missing aircraft. When the Malawi Air Force was informed and the course and order of events taken in response.
“Escalation of the notification of the missing aircraft to His Excellency the President, what was communicated to the President, and what directives the President gave.”
A critical aspect of the inquiry will be evaluating the status, conditions, experience, and capacity of the crew operating the MAF-TO3.
The commission will also scrutinise the aviation protocols followed at both the departure and intended destination points.
The team is also tasked with investigating any communication between the passengers on board the MAF-TO3 and individuals on the ground during the flight.
The inquiry will also cover the search and rescue efforts, from their commencement to the discovery of the aircraft wreckage on June 11 2024.
The commission aims to determine the probable cause of the accident and assess the survivability of the crash for all persons on board.
Furthermore, the commission will consider all aspects surrounding the deaths of Chilima and the other passengers, including the cause of death and the sequence of events leading to the crash.
It reads: “The report, in writing, shall include a set of recommendations on any matter the commission may deem fit. The report shall then be published on the website of the government after being presented to His Excellency the President.”
President Lazarus Chakwera established the commission last Friday and, in addition to Justice Alide, has the following members: Monsignor Patrick Thawale, Pastor Toney Nyirenda, Bishop Mary Nkosi, Dr Sunduzwayo Madise, Inkosi Ya Makhosi M’mbelwa V, Senior Chief Makwangwala, Justin Mkandawire, and Brigadier Cosgrove Mituka (Retired), Emma Kaliya, Dixie Kwatani, Professor Nyengo Mkandawire, Allan Chinula SC, Esther Chioko, Nimia Kambiri Mzembe, Lidia Chiotha, Dr Ruth Mwandira, and Mirriam Wemba.
Secretaries of the commission are Chizaso Nyirongo and Paul Chiotcha.
Preliminary findings of German investigators show that, among others, the MDF plane had no cockpit voice recorder (CVR) or a flight data recorder.
According to the United States-based National Transportation Safety Board, the CVR records radio transmissions and sounds in the flight deck to aid subsequent investigation should an accident or incident occur.
The commission has set the following hearings dates: Mzuzu from November 4 to 9 2024, Blantyre November 13 to 14, Balaka November 15to 16, and Lilongwe November 18 to 23, 2024.
It is expected to present a report of its findings and recommendations to the President by November 30 2024.
In August, the German Federal Bureau of Aircraft Accident Investigation released an interim report which highlighted several technical deficiencies of the crashed Malawi Defence Force aircraft.
