Chizuma case withdrawn from Supreme Court
The Supreme Court in Blantyre yesterday allowed the government to withdraw its application to restore an interdiction order imposed on Anti- Corruption Bureau (ACB) director general (DG) Martha Chizuma.
Patrick Mpaka, one of the lawyers representing Malawi Law Society (MLS) and Chancy Gondwe, representing the Attorney General (AG), confirmed the case was formally withdrawn before Supreme Court single judge John Katsala.
Mpaka said: “Government has withdrawn its application before the Supreme Court. They were trying to challenge the Judicial Review Permission Order MLS obtained in the High Court but now they have changed their mind.
“What it means is that the situation remains regulated by the High Court orders of 6th and 8th February 2023: the Judicial Review Permission, the Order of Injunction and the Stay Order obtained on 6th February are not under any challenge and remain to guide all the players involved.”
Mpaka said Director of Public Prosecutions (DPP) Masauko Chamkaka Saturday’s decision to discontinue the criminal case in the magistrate’s court in Lilongwe against Chizuma was welcome, but does not resolve the major issues that are in the Judicial Review before the High Court.
“Further steps in the Judicial Review, therefore, depend on what government is going to do following the decision by the DPP,” Mpaka said.
Gondwe in a separate interview said that they initially went for an adjournment, but Justice Katsala declined on grounds that the interdiction of Chizuma being the basis of the matter, was the one already discontinued by the AG.
The court said the issue was stale and there was no need to continue wasting to assist in the award of government contracts to companies belonging to him.
Chilima, who was arrested on November 25 2022 and 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 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 to him contrary to Section 36 (1) of the CPA. n
court resources on that.
The government later applied for the withdrawal of the matter and lawyers representing MLS, Mpaka and Chrispin Ngunde, did not object. The court proceeded and withdrew the case.
After the withdrawal, MLS asked the court to award them costs of the case, but Gondwe objected to that, arguing that lawyers on both sides, MLS and government, were acting pro bono (for free).
The court agreed with Gondwe, and declined to make any order on costs.
On Saturday, Chamkakala announced that his office had made the decision to withdraw criminal defamation charges against Chizuma over a leaked audio in which the ACB boss was discussing an on-going graft investigation with a third party.
While the law allows the DPP to discontinue cases under Section 77 (1) of the Criminal Procedure and Evidence Code, it does state that such discharge shall not operate as a bar to any subsequent proceedings commenced within six months on account of the same facts.
Chizuma’s lawyer, Martha Kaukonde said while they were happy that the charges have been withdrawn, the fact that the DPP has stated that he may reinstate the charges within six months leaves them hanging.
She said: “There is movement on the criminal matter because we received an order of discontinuance issued by the Court and a certificate of discontinuance filed by the DPP. So, it’s official that the criminal matter has been discontinued in line with Section 77 and 81 of the Criminal Procedure and Evidence Code.
“We welcome the development, much as the order has indicated that at any point, the DPP may decide to recommence the case or open another case altogether on the same issues in line with the law which provides that the same issue can be prosecuted again within six months.”
However, Kaukonde said while there is discontinuance, this may not be the end according to the law, and they cannot get too excited about it.
“We cannot be too excited about this because it doesn’t mean that this is the end of this case. If the DPP thinks they may wish to recommence this case or commence a fresh one, they can do so. That would not make one to be too excited about it, much as we know that it’s what the law provides,” she added.
But Chamkakala yesterday emphasised that the matter is closed and the country needs to move forward on the matter.
“The matter was discontinued, and what has been prescribed there is what is provided for in the law. I am not going back to that matter, it is closed,” he said.— Additional reporting by JOSEPH MWALE, Staff Writer.
