Chizuma’s arrest exposes power-play
Malawi Law Society (MLS) and a legal scholar have rued continued fights between law enforcement agencies, especially the offices of Director of Public Prosecutions (DPP) and Anti-Corruption Bureau (ACB) director general.
They blame Capital Hill for failing to deal with the matter at an early stage, thereby culminating in the arrest of ACB chief Martha Chizuma following a complaint from DPP Steven Kayuni.
MLS president Patrick Mpaka said yesterday’s events showed lack of coordination by the State and that it can only best serve the criminals’ elements.
On the other hand, University of Malawi law lecturer Dr Bernadette Malunga said the development showed that some officers have left professionalism and were fighting for personal interests.
Meanwhile, Attorney General Thabo Chakaka-Nyirenda, while playing down the severity of the rift, stressed that the differences would ironed out during a law enforcement coordination strategy meeting.
Mpaka blamed authorities for failing to heed to their calls made in December 2021 and January this year for coordinated efforts in the fight against corruption, but also for both individuals and offices in government to let the ACB work without obstacles.
He said: “It’s total chaos and shows lack of coordination by the State and that can only best serve the criminals’ elements. While they are functionally independent, State teams needed to have a common blueprint in the fight against corruption.
“They must work in coordination, not against each other if the State wishes to win the fight against corruption. There is one State and it must act as one. We made that suggestion to them in January 2022 and it’s coming to reality.”
Malunga said the continued fight was derailing the fight against corruption, adding, what happened was unfortunate and strange in a democratic era.
She said: “We seem to have left these matters for long and it is culminating into chaos. It is now a personal fight, instead of fighting against corruption. We have left our professionalism and now people are seeking and protecting personal interests.
“From what we are hearing, it is the DPP who complained at police, but the manner in which the police acted on it is also suspicious. They have treated the DG as a common criminal or as somebody who is flight risk. Since the DPP is an interested party, he has the right to complain.”
Before Kayuni was suspended, Malunga said it was proper for him to recuse himself from any matter related to the case and let police and other bodies prosecute the case independently and professionally.
Nyirenda feigned ignorance even on the nature of the complaint that Kayuni lodged with police, saying, because it was an individual’s complaint, he had no idea about it.
He said the matter will be discussed during a meeting of law enforcement agencies to iron out some differences.
He said: “There have been disagreements on certain aspects, but it doesn’t mean that you disagree on everything, we have worked together on so many issues. But with those public perceptions it’s up to us to try to iron out if there are any differences.”
Yesterday, National Police spokesperson Peter Kalaya said in a statement Chizuma was arrested following a complaint lodged by Kayuni who alleged that he was injured by allegations made by the ACB director general in a leaked audio clip in January, 2022.
High Court of Malawi Judge Anabel Mtalimanja ruled in September, 2022 that any individual or party that felt aggrieved by contents of the leaked audio clip could proceed to complain to police for criminal action against the ACB chief.
The matter began in April this year when Mzuzu senior resident magistrate Godfrey Nyirenda ordered the Malawi Police Service and the DPP to investigate the leaked audio.
It followed an application by a private citizen Frighton Phombo who moved the court to open a case against Chizuma on allegations that she violated the Corrupt Practices Act (CPA) by revealing to a third party information on United Kingdom-based businessperson Zuneth Sattar, who is under investigation for corruption.
Meanwhile, a visibly shaken Chizuma emerged from Namitete Police Station, on the outskirts of Lilongwe City, at 9:57AM yesterday after being granted police bail having spent at least six hours in police custody.
Wearing just a grey track-suit with a blue striped white T-shirt inside and silver croc shoes, she seemed lost in thought, perhaps wondering how she got to Namitete, about 50 kilometres along the Mchinji-Lilongwe Road.
In an interview outside the police station, her lawyer Martha Kaukonde said she was slapped with an offence of “making use of speech capable of prejudicing a person against a party to judicial proceedings contrary to Section 113(1) (d) of the Penal Code”.
She described as strange the police decision to move her client outside of her location to the outskirts of Lilongwe town.
Upon her release, Chizuma was seen interacting with her lawyer outside the police station for about two minutes and on two occasions she kept scratching her head and arms.
Earlier, members of the Parliamentary Legal Affairs Committee also visited Chizuma in custody.
Committee chairperson Peter Dimba told The Nation that members were saddened with the news of Chizuma’s arrest and visited her to show their solidarity.
