DPP’s decision under review
Minister of Justice Titus Mvalo has asked the Attorney General (AG) to review Director of Public Prosecutions (DPP) Steve Kayuni’s decision barring private lawyer Mordecai Msisha from prosecuting a corruption case involving Vice-President Saulos Chilima.
Speaking in an interview in Lilongwe on Thursday, the minister said AG Thabo Chakaka Nyirenda is looking into the matter as the DPP is under the AG.
Mvalo said: “Those are matters of office. I did ask him [the AG] because the Constitution says the DPP works under the specific and general directions of the Attorney General. So, he has power to review a decision of the DPP.
“So, as Minister of Justice, I asked the Attorney General to review and direct accordingly.”
Mvalo refused to give his views on calls to reverse the DPP’s decision and allow Msisha lead the Anti-Corruption Bureau (ACB) prosecution team, saying: “If I do that, he [the AG] will say my minister wants me to do this so I should do this. So, I should not answer that question, but I have my own opinion.”
Speaking in an interview yesterday, Legal Affairs Committee of Parliament chairperson Peter Dimba said the committee wanted the issue handled quickly because the minister committed that the decision will be reviewed.
“We are waiting from them on when the decision will be reviewed,” he said.
In Parliament on Thursday, Dimba said the decision needed to be reversed.
In an interview with The Nation two weeks ago, Kayuni confirmed advising the graft-busting agency against engaging Msisha to prosecute the case against the Vice-President, but said he would not make public the justification out of respect.
He said he communicated in confidence to the ACB the reasons for his decision barring the Senior Counsel from leading the graft-busting agency’s prosecution team.
“The reasons have been confidentially communicated to the ACB. I have so much respect for Msisha, SC, as such I cannot discuss this in the media,” Kayuni said in a brief written response.
But a source in the legal fraternity hinted that one of the reasons could be that Msisha is conflicted as he is also representing ACB director-general Martha Chizuma in a case against corruption suspect Ashok Nair.
Malawi Law Society (MLS) honorary secretary Chrispin Ngunde said in a written response that they had not seen the application from the ACB, but the law does allow the ACB director to appoint any legal practitioner in civil matters.
He said: “In terms of the law, Section 5B of the Corrupt Practices Act [CPA] expressly permits the director of ACB to appoint any legal practitioner to provide legal representation to the ACB in civil matters, but the Corrupt Practices Act is silent on legal representation in criminal matters.
“However, the ACB has on previous occasions been assisted in criminal matters by private legal practitioners who are appointed by the DPP in exercise of his powers of delegation under Section 100(1) (b) of the Constitution and power to appoint public prosecutors under Section 79 of the Criminal Procedure and Evidence Code.”
Chizuma is on record as having said following Msisha’s rejection by the DPP, the bureau “has no option, but reflect on how it will move on considering the seriousness of the case”.
She said: “It’s not every day that we hear that a Vice-President is being accused of corruption charges, it’s such a serious case and it’s a national interest issue which has even attracted international attention.
“Our understanding was that we needed someone sober and mature, someone with gravitas to be able to handle such issue and that is why we settled for SC Msisha.
“We are hoping that this will not affect the case as there are still a number of processes as we are waiting for the committal of the case to the Financial Crimes Court.”
The ACB engaged Msisha to prosecute the case in which Chilima is alleged to have received $280 000 and other items from United Kingdom-based businessperson Zuneth Sattar as a reward to assist in the award of government contracts to companies belonging to him.
However, there was a requirement to seek the DPP’s consent.
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 th 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.
