One last chance for Chizuma to prove the opposition’s opinions, assumptions right

The tireless work of the Malawi Law Society President Patrick Gray Mpaka hands the Corruption graft-busting boss, Martha Chizuma a chance to prove the opposition even some sections of the tone alliance right.

Chizuma’s Interdiction was suspended on Monday after the High Court granted the Malawi Law Society permission to apply for a judicial review of the decision.

Before Mpaka and his team rushed to seek legal action, they first condemned the interdiction labeling it as unlawful, null, and void as the Secretary to the President and Cabinet, Colleen Zamba possesses no legal authority to suspend the Director General of the Anti-Corruption Bureau.

“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 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 the 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.

The development means that the ACB boss is legally back in the office to resume the tremendous job that she had started.

The interdiction raised questions and PIJ reported that an imminent arrest of his wife, Monica, jolted President Lazarus Chakwera to finally act against Chizuma. The President got intel from a senior government official in his office that the First Lady and his son Nic were to be nabbed by the ACB.

Revered Law Professor at the University of Malawi Garton Kamchedzera, Associate Professor Ngeyi Kanyongolo, and Professor Danwood Chirwa– had since dismissed the legality of Zamba’s interdiction of Chizuma. Kanyongolo has since joined Chizuma’s legal team. 

Chirwa, in a public social media post, argues that Zamba has no authority to suspend the ACB Director, but the President has such authority under S 6(3) of the Corrupt Practices Act.

“But the President is a coward, and so he must have detailed Zamba to do the dirty work for him.

“Fortunately, Zamba’s letter suspending the ACB Director does not say she’s doing it under delegated authority.The power is non-delegable anyway. Zamba has usurped the authority of the President. Her letter is unlawful and therefore void,” said Chirwa.

Per all these power, assumptions, and opinions of the opposition, Human Rights activists can be rooted in the state Vice President, Dr. Saulos Chilima’s call for the removal of the impunity from the president.

Dr Klaus Chilima who is also the President of United Transformation Movement (UTM) one of the major parties in the Tonse Alliance called for the amendment of Malawi’s constitutions.

Chilima was speaking during the National press held at the party’s headquarters Area 10 in Lilongwe.

The Vice President’s remarks came days after Chakwera announced that he has coerced delegated duties from him who is being investigated by the Anti-Corruption Bureau and UK’s National Crime Agency on allegations that he received bribes from businessperson Zuneth Sattar.

Chilima said the amendment of section 91(2) of the Constitution was one of the agendas of the Tonse Alliance and UTM strongly advocated for it saying it provides undue protection to the occupant of the office of President of this country.

Chilima said, “This is why during the campaign period, we, in UTM, strongly advocated for the amendment of section 91(2) of the Constitution of Malawi which provides undue protection to the occupant of the office of the President of this country.

“This provision provides for the immunity of the President from criminal prosecution. While we salute the fact that the Vice President of this country can, and must be investigated or prosecuted for criminal wrongdoing, it is completely misplaced that Presidents of this country have a veil of constitutional protection from criminal prosecution through immunity while in office.”

This statement placed people at the point that they can suspect the State President [Chakwera] to be one of the beneficiaries of the vice in the country.

Coming back into the office, though the amendment of the Constitution did not happen, Chizuma has also the odds in her hands to divulge the certitude with the Son and the wife of the President alleged to be involved in corruption.

UTM’s National Director of Youths, Penjan Kalua who in music circle popularly known as Fredokiss took it to his Social media platform to urge Chizuma to wisely use the last chance that she has been handed.

“Dear Martha, I assume you are okay. Anthu nde akubakilani nokha mwaonaso. Even foreigners are behind you. Those who want you out mukuwadziwa and you also know why they want you out. Enafe we can only assume. This is your last chance to do what you have to do if it is for the benefit of Malawi. Your time is limited. You have no excuse. Tick tock, Tick tock. JUST DO IT. Be prepared for the next blow. It’s coming. It might be final and you might not get another chance at this,” writes Fredo.

Investigating the alleged figures and bringing them forward could prove the opinions of the opposition and suspicion of some sections of the alliance right.