Malawi Law Society (MLS) recently gave its position on the leaked Anti-Corruption Bureau (ACB) investigation report on Malawi Police Service (MPS) food rations fraud which implicates President Peter Mutharika. Our reporter AYAMI MKWANDA engages MLS president Alfred Majamanda on impeachment procedures and other issues.
Q
: What prompted MLS to issue a statement on the leaked ACB investigation report that implicates President Peter Mutharika?
A
: The objectives of the MLS are to protect and assist the public in Malawi on matters touching, ancillary or incidental, to the law. Issues of corruption affect the general public in a negative way. They are matters to do with the law and we are mandated to comment on the same. The issue at hand appears to involve corrupt practices and we would have done a disservice to the citizenry if we looked the other way. We would like to have a corrupt-free society and any acts perpetrating such conduct would be disdained by the MLS.
Q
: Why does the society say it is now time to push for Parliament to lay down impeachment procedures that are clear?
A
: The Law Society is of the view that if a Head of State is alleged to have been involved in corrupt practices, due process has to be followed in accordance with the law. Every person is presumed innocent until proven guilty and the President is not an exception. Part of the due processes is the impeachment procedure. The Constitution of the Republic of Malawi
provides that no person holding the office of President shall be charged with any criminal offence in any court during his [or her] term of office. There are, of course, calls made by some quarters that the immunity of the Head of State should be reduced. We can have that debate on another day.
As the law currently stands, the Constitution provides safe guards that a sitting President can be summoned by Parliament and be heard. If found guilty, the Legislature can decide to impeach him. That is a solution to dealing with a scenario where a sitting President commits an offence. That is why it is vital that the impeachment procedure rules are clear and elaborate and able to assist in the observance of the right to be heard. There can never be a perfect time for dealing with a problem. If in the past we failed to handle fraud systematically, that does not justify a business as usual attitude now. So, the MLS is not targeting the sitting President, but merely pointing at what may be done if there is need to have the President be answerable in a manner that respects the rule of law and in observing the right to be heard.
Q
: Don’t you think the timing can be construed as specifically targeting the incumbent President?
A
: Suggesting clear and elaborate impeachment procedure rules does not mean we are targeting the current President. We are only advocating a robust way of dealing with a process of observing rules of natural justice, right to be heard, for a sitting President. The MLS would have made similar comments even if it were any other President. It is in the law. We are not suggesting anything new.
Q
: How optimistic are you that the motion can carry the day?
A
: We are not suggesting the impeachment procedure should be invoked now. We are only suggesting that the Legislature should ensure they have elaborate and operational impeachment procedure rules.
Q
: You are also lobbying for the ACB director to be independent. What has prompted you?
A
: Those calls were made before by the Legislature. We are not insinuating anything, but stresses the fact that any corruption busting-body works well when the ACB is fully independent.
Q
: How do you see the MPS food rations fraud concluding?
A
: We are assured that the ACB is capable of fulfilling its mandate and conclude investigations in the K145 million matter. The law provides avenues to make the ACB complete such mandate. Parliament makes law enforcement bodies account and in rare circumstances, the court can be involved using judicial review process.
Q
: What do you want the Office of the President and Cabinet (OPC) to clarify in particular regarding the K145 million issue?
A
: The report contains allegations involving public funds. One of the people involved is the Head of State. Any issue to do with the President should be clarified by the OPC. We would like the OPC to weigh in and address the public on what exactly transpired complete with evidence if at all the Office of the President is to maintain its integrity. n
