The State President, Dr Lazarus McCarthy Chakwera has fired the Director of Public Prosecution, Steve Kayuni in relation to Director General of Anti-Corruption Bureau, Martha Chizuma’s arrest.
Chizuma was arrested in December last year, a development which raised many unanswered questions to the Malawians as the government including the State President Dr Chakwera claimed he was not aware of the arrest of Chizuma.
Chizuma was arrested following a complaint that was lodged by Steve Kayuni who alleged that he feels deeply wounded by allegations made by Chizuma in a leaked audio clip in January, 2022.
Chizuma was formally charged with making use of speech capable of prejudicing a person against a party to judicial proceedings which is contrary to section 113 (1) (d) of the Penal Code, before being released on Police Bail.
Dr Chakwera appointed a commission of Enquiry which was chaired by retired Justice of Appeal Edward Twea which found both Chizuma and DPP Steven Kayuni at fault in the way they conducted themselves while discharging their duties and recommended that Chakwera should deal with them.
Making the National address on Wednesday in Lilongwe, Dr Chakwera said DR Kayuni has breached the public trust for using his position to arrest Chizuma but he will not fire Chizuma as recommended by the Commission as he already forgave her on the issue of the leaked audio.
According to Dr Chakwera, the Commission acknowledged that as any citizen of Malawi, Dr. Kayuni has a constitutional right to file a case against Ms. Chizuma in his personal capacity.
“However, wherethe Commission found Dr. Kayuni in the wrong way in his decision to file a personal complaint on matters pertaining to his office as Director of Public Prosecutions while still holding that office, which the Commission found to be a conflict of interest and an act of unsound judgment.
“As President, I consider this act of unsound judgment by Dr. Kayuni to be a breach of public trust, for it is a serious matter for Malawi’s lead prosecutor to have a moment of unsound judgment or a conflict of interest.
“So I consider this a great failure for Dr. Kayuni and a great disappointment to me. For this reason, as the appointing authority for that important office, I summoned Dr. Kayuni to express to him my great displeasure and to hear his response in the interest of natural justice.
“While he expressed deep regret for his unsound judgment, he also made it clear that he feels deeply wounded by the continuing damage caused to his reputation and personal safety by the audio that leaked a year ago.
“As such, to prevent him from using a public office to settle a personal injury, I have removed Dr. Kayuni from office with immediate effect, and I thank him for his many years of service,” said Dr Chakwera.
Meanwhile, the President has appointed Masauko Edwin Chamkakala as the new Director of Public Prosecution.
“I can on all agencies of the state to support his efforts,” added Dr Chakwera.
Kayuni was appointed as the Director of Public Prosecution in December, 2020 replacing Mary Kachale after Chakwera’s Administration won the Elections. Kayuni previously served as Chief State Advocate in the Ministry of Justice and Constitutional Affairs.
Chamkakala was until his appointment working as the Director of the Malawi Legal Aid Bureau.