Ex-MEC Commissioner Kunje gets pardon

President Lazarus Chakwera has pardoned former Malawi Electoral Commission (MEC) commissioner Linda Kunje who was serving 18 months for criminal negligence.

However, the fate of Kunje’s driver Jones Tewesa, whom they were convicted and sentenced together, was not known.

Tewesa, who was sentenced to 15 months, and Kunje were sent to prison in August this year by the Zomba Chief Resident Magistrate’s Court for criminal negligence after Kunje’s vehicle blocked the President’s motorcade in Zomba City.

In a memo to Chief Commissioner of Prisons dated December 6 2022, Minister of Homeland Security Jean Sendeza said Kunje is on the list of prisoners to be pardoned during the festive season.

Reads the letter: “You will recall that the above person was convicted and currently serving a sentence in one of your prisons. I write to further inform you that she is on the list of prisoners to be considered for pardon during the Christmas Festive season.

“I, therefore, write to instruct you to release the said prisoner immediately. I shall be grateful for your compliance and urgency in dealing with the matter.”

Ministry of Homeland Security spokesperson Maureen Nkhoma confirmed the development, but was mum on the fate of the driver.

She said: “The pardons commi t tee met and discussed issues of pardons. The public will be notified at the right time. The committee actually made recommendations on a list of those to be pardoned.”

Kunje’s l awyer, Christopher Masanje, expressed happiness at the decision, although he said the conviction remains.

“Who doesn’t want to walk to freedom? We had already filed a notice of appeal because we wanted freedom and I am happy about it. Of course the conviction remains, but that freedom matters,” he said while feigning ignorance of the fate of Tewesa.

Tewesa’s lawyer Timothy Chirwa said the earlier information did not include his client among those listed for pardoning. However, he said with Kunje’s situation, he will check with the Ministry of Homeland Security on the matter.

Meanwhile, Human Rights Defenders Coalition chairperson Gift Trapence has queried the fate of Tewesa, wondering if the pardon is on political grounds.

In an interview yesterday, he said: “It is our hope that the gesture is not a political settlement. We have so many prisoners who deserve such gesture, including the driver who was arrested with Miss Linda Kunje.

“The minister needs to give Malawians more information on how Miss Kunje satisfied the guidelines for the pardon and not her driver.”

Kunje and Tewesa committed the offence on December 10 2020 when Chakwera was travelling from Sanjika Palace in Blantyre to the University of Malawi in Zomba to preside over a graduation ceremony as well as to be sworn-in as the Unima’s Chancellor.

Under Section 89( 2 ) , the President may pardon convicted offenders, grant stays of execution of sentence, reduce sentences, or remit sentences: “Provided that— (a) decisions under this subsection shall be taken in consultation with an Advisory Committee on the Granting of Pardon, the composition and formation of which shall be determined by an Act of Parliament.”