Kunkuyu detained, becomes 5th ex-minister arrested in one month

Police yesterday arrested Malawi Congress Party (MCP) campaign director Moses Kunkuyu and charged him with inciting violence during the funeral of ex-First Deputy Speaker of Parliament Madaitso Kazombo.

Kunkuyu, who prior to the September 16 General Election served as minister of Information and Digitalisation in the former president Lazarus Chakwera’s Cabinet, surrendered himself to National Police Headquarters in Lilongwe after learning that police were looking for him. He was accompanied by his lawyer George Kadzipatike.

National Police spokesperson Lael Chimtembo in an interview confirmed that Kunkuyu was taken to Kanengo Police Station, but declined to provide further details.

But Kadzipatike said his client was questioned, charged with inciting violence and later taken to Kanengo Police Station where he is awaiting a court appearance.

He said: “I came here with honourable Moses Kunkuyu. When he learned the police were seeking him, he came to surrender himself. The police had visited his homes in Blantyre and Lilongwe.

“He was questioned about remarks he made during the funeral of honourable Kazombo at MCP headquarters. It appears the State is not comfortable with the remarks that he made. We don’t know when he is going to be taken to court. He has been charged with proposing violence.”

In a video clip of Kunkuyu’s speech at Kazombo’s funeral, he is heard speaking in parables, comparing MCP secretary general Richard Chimwendo Banda’s arrest to isolating someone wrongly accused of having leprosy. He warned that MCP leaders and supporters would mobilise at the party headquarters after the burial to demand the release of those unfairly targeted.

Kadzipatike, himself a legislator for Dowa Kasangadzi Constituency, faulted Kunkuyu’s arrest, arguing that members of Parliament (MPs) enjoy immunity from arrest while Parliament or its committees are in session.

Kunkuyu is Dedza Mlunduni MP and a member of the International Relations Committee of Parliament which is currently meeting in Lilongwe.

But in a separate interview, lawyer Benedicto Kondowe said Section 60(1) of the Constitution provides that MPs are privileged from arrest only while going to, returning from or within the precincts of the National Assembly and for statements made in parliamentary proceedings.

He said: “This provision protects two specific interests: freedom of movement to and from Parliament as well as freedom of speech within parliamentary proceedings.

“It does not confer a blanket immunity from arrest for all criminal offences, nor does it shield members from accountability for conduct unrelated to parliamentary proceedings.”

Kondowe, who is also a human rights activist, added that the scope of this constitutional privilege is further clarified by the National Assembly (Powers and Privileges) Act.

He said: “Under Section 3, immunity attaches only to words spoken or written or matters brought before the Assembly or its committees. Under Section 4, freedom from arrest is narrowly confined: protection from arrest for civil debt while attending parliamentary business and protection from arrest within the precincts of the assembly for criminal offences without the consent of the Speaker.

“Read together, Section 60(1) of the Constitution and the Act do not establish a general immunity from arrest merely because Parliament or a parliamentary committee is in session. Outside the Assembly precincts, and where the alleged conduct does not arise from parliamentary utterances or proceedings, a member of Parliament remains subject to the ordinary criminal law.”

Kondowe pointed out that parliamentary privilege exists to protect the functioning and independence of Parliament, not to place its members above the law.

Kunkuyu becomes the fifth senior MCP member to be arrested since December last year after former minister of Homeland Security Ezekiel Ching’oma, Chimwendo Banda, publicity secretary Jessie Kabwila and former minister of Trade and Industry Vitumbiko Mumba.

Chimwendo Banda is accused of attempting to murder Frank Chawanda in February 2021 while Mumba and Kabwila are accused of addressing a press conference dubbed ‘We got this” where they alleged electoral fraud by then opposition Democratic Progressive Party before the Malawi Electoral Commission announced the official presidential election results for the September 16 General Election.