There are lingering questions on the Director of Public Prosecution’s (DPP) exercise of power to prosecute or discontinue cases, with experts calling for more transparency and accountability.
Speaking at a seminar organised by Youth and Society (YAS) in Lilongwe on Thursday to reflect on the office of the DPP, stakeholders who included lawyers, economists and governance commentators said there is need for detailed regulation on how the DPP exercises power.
In his presentation, Malawi Law Society (MLS) vice-president Tusume Mwabungulu proposed that the DPP’s decisions to discontinue cases must be reviewed by the courts.
He said: “DPPs reasons for exercise of powers must be reviewable by the courts. There must be more transparency and accountability.”
Mwabungulu said there is need to develop detailed regulations on how to exercise these powers to allay public fears on what considerations have been made.
Under Section 99 of the Constitution sub-Section 2 (a and b), the DPP is mandated to “take over and continue any criminal proceedings” which have been instituted or undertaken by any other person or authority, and further “to discontinue at any stage before judgement is delivered any criminal proceedings instituted or undertaken by himself or herself or any other person or authority”.
In her paper reflecting on the implication of the DPP’s conduct to the economy, University of Malawi economist Bertha Bangara-Chikadza said the exercise of power for this office can boost or kill the economy.
She said: “In cases involving cross-border crimes such as money laundering, human trafficking, or cybercrime, the DPP’s actions can have international economic implications.
“Cooperation with foreign jurisdictions and adherence to global standards can enhance a country’s reputation and attract foreign investment.”
Bangara-Chikadza, who is also Economists Association of Malawi president, added that failure to prosecute such crimes effectively may “lead to sanctions, reduced foreign aid, or exclusion from international financial systems”, all of which may hurt the economy.
In a joint paper, activist Benedicto Kondowe and political scientist Ernest Thindwa recommended the establishment of a prosecutorial oversight committee within Parliament that should periodically review the DPP’s performance.
The two also proposed strengthening the parliamentary Legal Affairs Committee’s oversight mandate to scrutinise the basis of discontinuance beyond merely providing reasons as required under Section 99 of the Constitution.
In his welcoming remarks, YAS executive director Charles Kajoloweka said the DPP sits at the heart of the justice system; hence, the need for improved accountability.
“But history has shown that this office, like many others, is not immune to political pressure, resource constraints, and systemic inefficiencies.
“The question we must answer today is: how do we transform the DPP’s mandate into a beacon of accountability rather than an instrument of political convenience?” he said.
Kajoloweka said they will compile the suggestions from the seminar and present them to authorities for consideration.
Responding to the concerns, DPP Masauko Chamkakala said the office follows to the letter the accountability mechanism provided under the law.
