Chizuma returns to the office as High Court suspends her interdiction

The Anti-Corruption Bureau (ACB) Director General Martha Chizuma has returned to the office as the High Court has stopped her Interdiction.

The development comes barely days after the former rulling parties, Democratic Progressive (DPP) and UDF labelled the Chizuma’s Interdiction as null and void condemned it respectively claiming that that the Secretary to the President and Cabinet (SPC) Colleen Zamba posses no legal authority to suspend the Director General.

On Wednesday through the Office of the Secretary to the President and Cabinet, Colleen Zamba, the state President suspended the Corruption graft-busting boss, indicating that the move has been taken due to what has been described as serious misconduct regarding a case [Martha Chizuma] is answering on a leaked audio that circulated on social media in 2021.

In reaction to the interdiction, Malawi Law Society President Patrick Mpaka describes the letter as a serious misguided as it does not make reference to the Act nor the reason under the Act.

“In Section 6(2) and (3), [the law] provides that the power to suspend or remove the ACB DG is in the President and the only reason is that it must be desirable in the public interest so to do.

“The letter in circulation does not make reference to the Act nor the reason under the Act. It should be doubtful if it has been authorised by the only authority that can suspend the ACB DG because, ordinarily, the President should know that the situation is well guided by the Corrupt Practices Act and I think the President understands this, if you listened to his speech of 24 January 2022,” Mpaka said.

Gray Mpaka was granted a permission to apply for a judicial review of the decision.

“Pending such judicial review or opening any further order from this Court the decision or proceedings of the Respondent contained or reflected in the Summons and Charge sheet under criminal case No 236 of 2023 of 25th January 2023 and in the interdiction order of 31st January, 2023 under the reference No SPC/S/001 to respectively issue a Summon and Charge Sheet and an interdiction Order against the Current occupant of the Office of the Director General of the Anti-Corruption Bureau, Ms Martha Chizuma on account of complaints premised on a leaked audio without any allegations of bad faith in either the Summons, Charge sheet or Interdiction order BE and are HEREBY stayed.

“And pending such judicial review or any further of this Court Order of induction BE and HEREBY made restraining of the Respondents by themselves or through their Servants or agents from implementing or taking any further steps in execution of the decision or proceedings Respondent contained or reflected in the Summons and Charge sheet under criminal case No 236 of 2023 of 25th January 2023 and in the interdiction order of 31st January, 2023 under the reference No SPC/S/001 to respectively issue a Summon and Charge Sheet and an interdiction Order against the Current occupant of the Office of the Director General of the Anti-Corruption Bureau, Ms Martha Chizuma on account of complaints premised on a leaked audio without any allegations of bad faith in either the Summons, Charge sheet or Interdiction Order,” reads part of the Court document that this publication has seen.