Lawyer wants private prosecutors for cashgate

South Africa-based Malawian lawyer Professor Danwood Chirwa has proposed private prosecution of all officials in the Joyce Banda administration suspected of plundering public resources.

Chirwa has made the call through his Facebook posting which has already gone viral with endorsements and likes, but his quest will have to be subjected to some legal requirements and political will of President Joyce Banda.

Already, some lawyers have expressed doubt that such prosecution, which is targeting President Banda’s “sacred cows”, might get the green light considering that the authority to prosecute criminal cases lies in the hands of the Director of Public Prosecutions (DPP) who is appointed by the President.

Wrote Chirwa: “Ideas are welcome as well as volunteers to work on the case. Anyone with relevant information can get in touch with me. I need lawyers who can work pro bono until we get sufficient funding. Other professionals such as IT [information technology] technicians and accountants who understand public accounting systems in Malawi and the banking industry are also welcome to volunteer their services.

“So too are investigative journalists needed to be part of this effort. I will set up an e-mail account where people can send evidential information, documentary and other forms of testimony, including possible eye witnesses.”

However, Chirwa has excluded politicians in the legal battle, adding that only those willing to dedicate their time and skills to this effort will be allowed to take part.

Commenting on the proposal, legal commentator Justin Dzonzi of Justice Link, noted that the country’s laws allow private prosecution but expressed reservations on whether the DPP would give consent to Chirwa and team.

Malawi Law Society (MLS) president Mandala Mambulasa said the Constitution is clear on private prosecution with the requirement that the DPP will give consent.

The Capital Hill looting, infamously known as the Cashgate scandal, has blown up in the face of the People’s Party (PP) administration and arrests have been made but there is some discontent among the general public that the President is still protecting some people within the rank and file of the party.