Committee to meet DPP on prosecution authority

The Legal Affairs Committee of Parliament has unveiled plans to meet the Directorate of Public Prosecutions (DPP) to conclude the proposed establishment of the National Prosecution Authority (NPA).

The committee has already engaged other stakeholders such as the Anti-Corruption Bureau (ACB), Malawi Law Society (MLS) and the Malawi Police Service.

Speaking in a telephone interview yesterday, Legal Affairs Committee chairperson Albert Mbawala said they are documenting inputs from stakeholders and will meet the DPP  early 2024.

He said: “We have not yet made any conclusion on the establishment of the prosecution authority following consultation and submissions we received from the stakeholders on this matter and we are currently compiling the document together and preparing to engage the DPP next year in January or February so that we can have a final decision on the establishment of the authority.”

The Ministry of Justice proposed the establishment of NPA as an agency that would be responsible for all public prosecutions in the country.

In September, ACB deputy director general Hilary Chilomba submitted to the committee opposing the establishment of NPA, saying it would compromise their independence.

He said if the NPA route is taken, all prosecutions would be handled by the authority, leaving the ACB with the role of executing prevention and investigation mandates.

Chilomba emphasised that such a setup could introduce unnecessary bureaucracy.

However, MLS requested more information about the NPA proposal. Its representatives stated that they could provide meaningful input only after thoroughly reviewing the document.

During their appearance before the Legal Affairs Committee, MLS vice-president Tusume Mwabungulu highlighted the need for a detailed proposal to assess whether creating the NPA is necessary.

The police also expressed caution during their appearance before the committee.

Deputy Inspector General of Police responsible for administration, Happy Mkandawire, stated that while the police do not object to the concept of the NPA, rushing into its establishment could pose challenges.