Chizuma wins again in leaked audio case

The High Court in Lilongwe has denied private citizen Frighton Phompho’s plea for stay pending appeal of a decision by the High Court in Mzuzu in a case against Anti-Corruption Bureau director general Martha Chizuma.

In April, the Mzuzu court ordered the Malawi Police Service and Director of Public Prosecutions to investigate a leaked audio involving Chizuma

The ruling, yesterday, by Justice Annabel Mtalimanja means the stay order obtained by Chizuma stopping proceedings and directions by the court in Mzuzu still subsists.

In a telephone interview yesterday, Chizuma’s lawyer Martha Kaukonde said Phompho can still appeal to the Supreme Court, since leave to appeal was granted, but without the stay he applied for.

Said Kaukonde: “”We are happy with the outcome. A stay would have meant the Mzuzu order would have been made operational. As it is, our client will not be bothered until the decision of the Supreme Court.”

Phompho moved the court in Mzuzu to open a case against Chizuma on allegations that she violated the Corrupt Practices Act (CPA) by revealing to a third-party information about United Kingdom-based businessperson Zunneth Sattar, who is under investigation for corruption.

On January 24, President Lazarus Chakwera reprimanded Chizuma for the leaked conversation, indicating that he had summoned her for a meeting where she confirmed speaking about ongoing investigations in the leaked audio that had gone viral.

The President described Chizuma’s action as unfortunate, but said he would not dismiss her. Instead, he warned that he will keep an eye on her conduct.

Chizuma is also facing defamation charges lodged by Sattar’s business associate Ashok Kumar Sreedharan, who sued her based on the viral audio in which she alleges that money changed hands to have the applicant released after an arrest.

In the audio, Chizuma put in the spotlight churches, judges, lawyers and the presidency for not helping matters in the Sattar case, which she said has proved politically divisive.