SKC in Canaan
Parliament’s Legal Affairs Committee has backed Director of Public Prosecutions (DPP) Masauko Chamkakala’s decision to discontinue a corruption case against Vice-President Saulos Chilima, but has recommended revival of a case involving Paramount Holdings directors.
The committee made the resolutions yesterday after meeting Chamkakala in two separate sessions at Parliament Building in Lilongwe.
The DPP appeared before the committee to justify the discontinuance of the case in which the Vice-President was accused of having received a bribe from businessperson Zuneth Sattar to influence the awarding of a Malawi Defence Force (MDF) contract to Sattar’s company.
Chamkakala also briefed the committee on the discontinuance of a case against Paramount Holdings directors accused of using fake documents in the supply of motorcycles to Kamuzu University of Health Sciences.
In an interview after the closed-door meeting on the Chilima case, committee chairperson Peter Dimba said they unanimously upheld the DPP’s decision to discontinue the case, but were not happy that it was for national security reasons.
Dimba said the committee has since called on the DPP to avoid creating an institution out of the MDF that is not accountable and one that is above the law, in the name of national security.
He said: “The committee lamented the fact that as a country we must not create a monster out of the MDF.
“The committee acknowledges that there is no institution, there is no person that is actually above the law. In fact, that is actually backed by Section 12 of the Constitution.”
High Court of Malawi Financial Crimes Division Judge Redson Kapindu on May 6 2024 ordered the discontinuance of the case following a certificate on the same issued by the DPP on May 3 2024.
During hearing of Chilima’s case, there was a heated argument over the defence’s demand for more disclosures from the State.
The defence legal team sought disclosures on minutes of the Defence Council meeting held on October 16 2020 authorising the procurement of armoured personnel carriers (APCs) and a memorandum of March 2021 from the Malawi Defence Force (MDF) to President Lazarus Chakwera seeking authorisation to buy APCs from Malachite FZE, a company linked to United Kingdom-based Malawian businessperson Zuneth Sattar, using single sourcing.
In April this year, the High Court dismissed as premature the defence’s application for disclosures of ‘sensitive documents’ in the case, but the judge said if such information will be relevant in the matter, in the interest of fair trial, a decision will be made on whether to tender the ‘sensitive’ information or terminate the case altogether.
Earlier yesterday, the DPP also appeared before the same committee to provide reasons for discontinuing the case involving Paramount Holdings directors.
On the Paramount Holdings case, Dimba said the committee has asked the DPP to revive the matter as they were not convinced that it would be difficult to secure a conviction against the suspects.
He said the case should resume so that the court makes a determination on the matter.
Said Dimba: “The authenticity of the alleged fake documents could not be ascertained and the committee felt it could not sustain the decision of the DPP to have this case discontinued when the bone of contention, the alleged fake document used in the bid, was not ascertained.”
He said there are at least nine cases which the DPP is expected to justify their discontinuance, but did not give the finer details.
When approached for interview on his way out of the meeting yesterday, Chamkakala declined to grant an interview on the matter, saying he was yet to conclude his presentations.
In an interview, Malawi Law Society president Patrick Mpaka said the committee’s recommendations are decisions that the DPP cannot brush aside.
He said: “The power to discontinue is with the DPP, but when it comes to accountability, the committee holds the DPP accountable.
“The DPP works for the people and the committee represents the people. He cannot ignore the advice of the committee.”
Reacting to the developments, Youth and Society (YAS) executive director Charles Kajoloweka said he respected the committee’s recommendations, but added that civil society organisations (CSOs) will meet to review the decisions made.
He stressed that the position of the CSOs remained that they have lost trust in the DPP.
“He must pack up and go. With his conduct we are losing the war against corruption,” said Kajoloweka, adding that national security should not be used as a tool of for sidestepping unaccountability.
However, he commended the committee for not sustaining the decision to discontinue the case against Paramount Holdings Limited directors.
Under the country’s laws, the DPP has powers to discontinue a case, but is required, as provided in Section 99 (3) of the Constitution, to justify his decision to the Legal Affairs Committee within 10 days after the order.
