Minister tells Parliament Chizuma case withdrawn
The Office of the Speaker of the National Assembly yesterday said it has received evidence of the withdrawal of the charge against Anti-Corruption Bureau (ACB) director general Martha Chizuma from the Attorney General’s (AG) office.
First Deputy Speaker Madalitso Kazombo told members of Parliament (MPs) that Speaker Catherine Gotani Hara received communication from the AG on the matter.
The communication, which Kazombo read out in Parliament, stated that Chizuma was not taken to court to be charged, as such, there is no charge before any court of law to be withdrawn.
It further indicated that the Malawi Police Service also assured the AG that no action would be taken against Chizuma and that Director of Public Prosecutions (DPP) Steve Kayuni, who lodged the complaint that led to the arrest, also informed the AG that he has withdrawn the complaint that he made to police.
And in his address to Parliament, Minister of Justice Titus Mvalo said Kayuni also communicated to him that he had withdrawn the complaint.
He added that the matter in question was a civil case and it was surprising that it was entered as a criminal case.
But Zomba Lisanjala MP William Susuwele Banda (Democratic Progressive Party-DPP) wondered why Kayuni was suspended when the matter was between him and Chizuma.
Mulanje West MP Yusuf Nthenda (DPP), a lawyer, asked Mvalo where government got powers to suspend Kayuni when the Constitution only provides for hiring and firing of the DPP.
He wondered what will happen to the file that was used to obtain a warrant of arrest for Chizuma.
But in response Mvalo said Kayuni was suspended to pave the way for investigations into Chizuma’s arrest.
“He holds an office that has the powers to instruct the police, so we do not want any interference,” he said.
On powers to suspend the DPP, Mvalo said if the President has powers to fire the DPP, it means he has powers to issue a lesser measure which is suspension.
He also told the House that the police will move the court to have the file that was used to obtain a warrant of arrest disposed of.
Police said on Tuesday Kayuni lodged a complaint to the police that he was injured by the allegations in a leaked conversation between Chizuma and and a third-party discussing challenges that the ACB was facing in a corruption investigation.
The police said High Court Judge Anabel Mtalimanja ruled in September 2022 that any individual or party that felt aggrieved by contents of the viral audio clip could complain to police for criminal action against the ACB head.
Chizuma was charged with making use of speech capable of prejudicing a person against a party to judicial proceedings which is contrary to Section 113 (1) (d) of the Penal Code.
