‘VP is entitled to political thoughts’

In his recent address, Vice-President (VP) Saulos Chilima talked about the need to remove immunity a sitting President enjoys against criminal investigations as stipulated in Section 91(2) of the Constitution. Our Staff Reporter JOHN CHIRWA engaged human rights activist Charles Kajoloweka to dissect the VP’s speech and discuss his alleged involvement in corruption.

What is your take on the Vice-President Saulos Chilima’s recent address amid allegations that he is involved in corruption?

In the absence of official indictment of the Vice-President by any law enforcement agency, it would be premature to confidently comment on the corruption allegations. However, the VP is entitled to his political thoughts and feelings regarding the recent governance developments, particularly the ongoing Anti-Corruption Bureau [ACB] investigations of Zuneth Sattar’s corruption and State capture of epic proportions he is implicated [in]. He is no doubt aware of the huge public interest in this historic corruption scandal and its attendant cost to the country and his personal political career. His call for calmness among his party cadres and respect for the rule of law was commendable. On his Tonse Alliance misgivings, I am convinced that those are purely political private matters that should be resolved elsewhere. As such, they were devoid of meaningful public interest and benefit. It was only intriguing to note how politicians feel so entitled to public power and obsessed with the next elections, even when the public trust currently reposed in them, is fast becoming elusive.  

In an ideal world, what should be his noble action to retain the trust of those who elected him into office?

While it is tricky and too early to assume that he has lost public trust, the fact remains that as a Vice-President, he is implicated in a huge corruption case that has attracted enormous interest by citizens and development partners. He is facing imminent prosecution. Like any criminal suspect, he is entitled to prove his innocence before the courts of law when charged. I think it will be naïve to fall prey to the old and diluted narratives feigning political persecution to the detriment of accountability and justice. Instead, it is crucial for all suspects to uphold the rule of law and cooperate with relevant authorities. No-one, regardless of their position in society, should be shielded from lawful investigation, prosecution and punishment. Crucially, should he be indicted, it will be noble for the him to step down until judicial proceedings are concluded and proved otherwise. This should be obvious to anyone with a figment of integrity.

He talked about removing the immunity of a sitting President against criminal investigations as stipulated in Section 91(2) of the Constitution. What is your comment?

This is a campaign issue that the Tonse Alliance used to get into government. Therefore, there is a point that the VP is making, although the call was made in a questionable context and at a wrong time. Section 12 (1)(e) of the Constitution of Malawi guarantees equal status before the law, the only justifiable limitations to lawful rights are those necessary to ensure peaceful human interaction in an open and democratic society. Thus, the removal of immunity is also key in boosting public confidence and his leadership in the fight against corruption while demonstrating that he has nothing to hide. However, it will be naïve to deal with this issue without open discussion and cross-referencing with comparable jurisdictions so that the amendment is necessary for the functioning of the office of the presidency.   

There are perceptions that perhaps Chilima is indirectly suggesting that the President may have been implicated in the corruption case, but he is only protected by the mentioned Section. What is your take?

I do not believe the VP suggested that the President was implicated. We should not operate on speculations. However, if the VP’s [statement] meant as it is being alleged, he is entitled to divulge credible evidence implicating the President to law enforcement agencies. After all, it is not unusual for presidents in Malawi to be involved in corruption. Some former presidents are a living testimony to this fact. Therefore, it is crucial that we expedite the review of presidential immunity.

Looking forward, how best should we guard against corruption?

We must vigilantly reject any shenanigans by political patrons and interest groups aimed at diverting our attention from this war on corruption and other equally important governance [issues]. Rather, we must focus on interventions that will stop the leaking public purse and decisively increase the cost of corruption against the culprits. We must ensure adequate financial and technical support to all law enforcement agencies, strengthen coordination among law enforcement agencies, expedite implementation of anti-corruption reforms and increase demand for judicial accountability. Again, we should fix the public procurement system; cultivate a culture of integrity at all levels and increase severe sanctions against culprits. As citizens, we must be preoccupied with constant demand for quality governance, public services and improved living standards. We must reject petty politics aimed at obstructing accountability and justice.