Parliament, others raise questions on Chizuma case

Police are in the spotlight for the way they arrested Anti-Corruption Bureau (ACB) director general Martha Chizuma for a defamation case with a lawyer suggesting the action is tantamount to abuse of office.

Police said they arrested the graft-busting agency’s chief following a complaint lodged by now suspended Director of Public Prosecutions (DPP) Steven Kayuni in his personal capacity. The DPP alleged he was injured by allegations made by Chizuma in a leaked audio clip in January this year.

But the arrest, bail and an announcement in Parliament by Minister of Justice Titus Mvalo that Chizuma’s charges had been discharged unconditionally have brought to the fore several questions, including why the police made the arrest for a civil matter, who instructed them to effect the arrest and whether the charge has really been dropped or not.

In an interview yesterday, civil rights lawyer Justin Dzonzi said defamation in Malawi was both criminal and civil and a person has a choice to pursue either.

But he said in the present case there was an abuse of office.

Dzonzi said: “If I defame you, Mr. Mwale, you can actually go and complain to police that I have committed criminal libel, that you want me arrested and prosecuted. Chances are that police are going to advise you to seek civil remedies and, therefore, they are not going to act on your request.

“That being the reality, then only those in power can successfully use the route of criminal libel as opposed to a civil suit in defamation.  I think this has only happened because Dr. Kayuni is also the DPP and, therefore, one would actually say that this amounts to abuse of office.”

In its statement, the CCAP Synod of Livingstonia through general secretary the Reverend William Tembo and executive director of its governance arm, Church and Society, the Reverend Mcbowman Mulagha said yesterday’s events point to lack of coordination and leadership among government arms.

The statement reads: “Further, it is more disheartening to learn that the leadership of key government ministries, departments and agencies [MDAs] are feigning ignorance of circumstances leading to her arrest. This begs the question of who is in control of these MDAs?”

On its part, Political Science Association (PSA) also said in a statement signed by its secretary general Makhumbo Munthali that the arrest was a vain attempt aimed at preventing ACB under Chizuma’s leadership from discharging its mandate.

Reads the statement: “PSA also notes conflicting signals from government on the matter which suggest either a collapse of the command structure or a cover up to insulate the politically exposed from the course of justice.

“We ask the President to show his commitment in the fight against corruption by taking decisive action by relieving Minister of Justice, Minister of Homeland Security and Inspector General of Police from their duties.”

Efforts to talk to Kayuni proved futile as he could not be reached by press time.

On the other hand, police authorities ducked the matter with Inspector General Merlyn Yolamu stating she could not respond to the matter as she was in Zambia and had network glitches. She referred the matter to Deputy IG responsible for operations Casper Chalera who said last evening he was in a meeting.

There was only one statement from police national spokesperson Peter Kalaya on what necessitated Chizuma’s arrest.

However, in Parliament, following questions from legislators, Mvalo said the matter was civil and government was puzzled on how it became a criminal matter.

The minister said: “The case is Dr Steven Kayuni versus Martha Chizuma and from that you can tell that it is civil, not criminal action. So, why was the State involved in criminal litigation? This is why we are also puzzled on why the State was involved when it was Kayuni and Chizuma.

“That is why the inquiry is there to bring out clarity on issues. Can Kayuni sue Chizuma, yes, he can, if he so wishes. He can sue as an action between the two parties.”

While stating that it will be business as usual for Chizuma in her job, Mvalo also clarified that the ACB boss was only informed of the charges by police.

He said: “Let me make a distinction between being charged and being informed of charges. What happened is that Chizuma was informed of the charges at a police station, but charging takes place in court. So, there is no charge against her.

“A document to evidence withdrawal of the charge will be made available tomorrow [Wednesday] afternoon. As for the Inspector General of Police, that office does not come directly under Minister of Justice. Therefore, I have no mandate over that office.”

Minister of Homeland Security Jean Sendeza last evening declined to comment on the matter while Minister of Information and Digitisation Gospel Kazako said answers will come from the inquiry which has been instituted.

Meanwhile, members of Parliament (MPs) yesterday demanded more action on Chizuma’s arrest, saying Kayuni’s suspension, withdrawal of charge and instituting an inquiry are not enough.

The minister said President Lazarus Chakwera has constituted a commission of inquiry on the matter.

The commission will be chaired by retired Justice of Appeal Edward Twea with former Inspector General of Police Loti Dzonzi, Monsignor Patrick Thawale, Malawi Human Rights Commission executive secretary Habiba Osman and lawyer Mercy Chijere as members.

Leader of Opposition in Parliament Kondwani Nankhumwa said he was not satisfied with the actions announced.

He demanded that the President should appear before Parliament to account for what transpired as Chizuma’s arrest was a threat to democracy and frustrates efforts in the fight against corruption.

On her part, Machinga East MP Esther Jolobala of United Democratic Front wondered what action will be taken against the police chief while Blantyre City West MP Steve Mikaya of UTM Party called for the unmasking of all those behind the arrest, saying definitely there are some elephants behind.

Kasungu North MP Mike Bango and Dedza Central East MP Joshua Malango, both affiliated to Malawi Congress Party, wondered if the inquiry will yield any results, observing that the country has had many inquiries that have yielded no results.

But Leader of the House Richard Chimwendo Banda said there were no questions for the President to respond to.