In an apparent last minute ditch to spruce up the credibility of the graft fight, President Lazarus Chakwera has extended the term of Anti-Corruption Bureau (ACB) deputy director Hilary Chilomba as acting director general (DG) amid queries.
The reappointment, which presidential press secretary Anthony Kasunda yesterday said was meant to allow “for the conclusion of the Ombudsman’s independent investigation into whether the process for the shortlisting of candidates was in compliance with the law”, followed expiry of Chilomba’s initial six-month acting period.
During the period, no substantive replacement for immediate past DG Martha Chizuma was recruited.
Reacting to the extension yesterday, legal expert Justin Dzonzi faulted Chilomba’s reappointment in view of Section 6B (8) of the Corrupt Practices Act (CPA) which requires that the acting DG should be a “suitably qualified person”.
He was apparently referring to a probe by the Office of the Ombudsman on Chilomba and counsel Oscar Taulo, who were shortlisted and recently underwent interviews for the ACB DG post despite allegedly lacking requisite qualifications and experience for the position.
Dzonzi said since the investigations border on the fact that the deputy DG may not have the necessary qualifications and experience for the position of DG, he is not the right one to serve in the acting capacity.
He said: “Since part of the allegations are that the deputy director general is not qualified to serve in that office, then the correct reading of this section is, therefore, that he cannot act. By saying ‘suitably qualified’, that section is tying the qualification for that office to the person acting. So, the person acting must meet those qualifications.”
Dzonzi also faulted the reappointment, saying his understanding is that the setting of the six months period for the acting DG was meant to ensure that there is a substantive DG at all times.
“This highlights the importance having a substantive director general at the ACB. It does that by saying whatever happens that office should not remain vacant for a period exceeding six months. This might be connected to the specific powers that are given to the director which the can only be exercised by the director,” he said, noting that the President’s order puts the law to a test.
Kasunda said the President’s order was made two days ago which means it was issued on Saturday, the same day that Chilomba’s mandate as acting DG expired based on provisions of the CPA.
In an earlier interview with The Nation, Malawi Law Society president Patrick Mpaka observed that after the expiry of six months under the law, the President can appoint another acting DG who can serve for not more than six months.
Reacting to the reappointment, Centre for Social Accountability and Transparency executive director Willy Kambwandira faulted the presidential order as lacking sincerity and honesty and effort to render the bureau useless.
Chizuma’s contract expired on May 31 and the deputy DG became the acting DG, a position he was to hold for not not more than six months, according to the law.
Under sections 11 and 12 of the CPA, the ACB DG has powers to authorise investigations and prosecutions, both of which are key functions of the bureau.
