By Cathy Maulidi:
Sixteen civil society organisations are demanding that Director of Public Prosecutions (DPP) Masauko Chamkakala should resign for allegedly frustrating the fight against corruption.
The CSOs include Youth and Society, Centre for Social Accountability and Transparency (CSAT), Catholic Commission for Justice and Peace, Malawi Economic Justice Network, Malawi Health Equity Network and National Alliance Against Corruption.
Speaking at a press conference in Lilongwe, one of the civil society leaders Willy Kambwandira, who is also CSAT Executive Director, accused Chamkakala of discontinuing high-profile cases.
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“This same DPP has discontinued high-profile cases, including those pertaining to the State versus directors of Paramount Holdings Ltd, where the accused faced charges related to government procurement deals. Other cases include the State vs Dr Cassim Chilumpha [now resuscitated] and the State v Bakili Muluzi, with the latter involving K1.7 billion.
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“Additionally, the Director of Public Prosecutions halted proceedings in the State v directors of Mapeto David Whitehead & Sons, a K16.5 billion alleged tax evasion, case; as well as Anderson Mwakiyeru cases. Recently, it was revealed that the DPP had also dropped the corruption case against the Vice President [Saulos Chilima]. These instances emphasise the urgent need for reforms in the office of DPP. Simply, we are saying he should resign; we don’t want to force him to,” Kambwandira said.
The CSOs are also demanding amendments to laws that govern the office of the DPP, saying there has to be some limitations on the DPP’s powers to discontinue cases.
Another CSO leader, Benedicto Kondowe of National Platform Advocacy, said the country also needs to establish an independent body to oversee and scrutinise prosecutorial decisions, thereby enhancing transparency and accountability in the office of the DPP,” Kondowe said.
The CSOs have also demanded that the Anti- Corruption Bureau (ACB) should, within 14 days, update Malawians on its position regarding the discontinued cases and disclose the amount of money spent on investigating and prosecuting the cases.
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When contacted to comment on the matter, Chamkakala promised to get back to us but did not by the time we went to press.
On Monday, ACB spokesperson Egrita Ndala told The Daily Times that ACB was ready to proceed with the Chilima case if it was not for the DPP’s decision.
“The court has done what it was supposed to do upon filing of discontinuance certificate by the DPP. The ACB was ready to prosecute the case and was ready to proceed on 10th May with the plea and directions,” Ndala said.
Commenting on the matter, Malawi Law Society (MLS) President Patrick Mpaka said the society is not surprised with the DPP’s decision, considering what the office has been doing on high-profile cases.
“In the context of the previous discontinuance of other equally high-profile cases involving allegations of corruption, the pardons and given the history of the conduct of the State agencies on these matters from the time of proposed amnesty through the audio clip to the midnight arrest of the ACB DG [Director General], this discontinuation is not a surprise.
“However, since, under the Constitution, the DPP has 10 days to give reasons to the public through the Legal Affairs Committee of the National Assembly, MLS’ substantive comment and action, if appropriate, will await the expiry and observation of the developments in those 10 constitutional days. For now, we can only urge the Legal Affairs Committee to be more transparent and accountable to the public in dealing with the reporting that emerges from the DPP for this and all other discontinuation of these high-profile cases,” Mpaka said.
On Monday, the DPP discontinued Chilima’s corruption case, such that High Court Judge Redson Kapindu discharged him following the request from the DPP.
