By Rebecca Chimjeka Matemba & Brenda Kayo:
Former Information minister and Malawi Congress Party (MCP) campaign director Moses Kunkuyu spent last night at the Kanengo Police Station in Lilongwe after he was arrested earlier Monday.
Kunkuyu becomes the sixth minister in the former administration to be arrested since the new administration took over power.
Other former Cabinet ministers who have been arrested in the past include Vitumbiko Mumba, Richard Chimwendo Banda, Jessie Kabwila and Ezekiel Ching’oma.
Kunkuyu’s lawyer, George Jivason Kadzipatike, confirmed the development, saying his client presented himself to National Police Headquarters for questioning in the morning.
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However, Kadzipatike faulted the Malawi Police Service for disregarding submissions made by the defence that Kunkuyu enjoys parliamentary immunity from arrest, as the International Relations Committee of Parliament, on which he serves, was in session at the time.
“We argued that Honourable Kunkuyu should not have been arrested because his committee is in session and that when he reported to the police this morning, he was actually en route to Parliament,” Kadzipatike said.
Earlier on Monday, police were questioning the former Minister of Information at Area 30 Police Headquarters over remarks he allegedly made during the funeral of former second deputy speaker of Parliament Madalitso Kazombo.
Police accuse Kunkuyu of proposing or inciting violence during a sermon he delivered at the MCP headquarters during funeral proceedings.
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The remarks are also allegedly linked to wider concerns surrounding detention without charge.
Kadzipatike said Kunkuyu voluntarily surrendered himself to the police after learning that he was wanted for questioning.
Malawi Police Service spokesperson Lael Chimtembo was not immediately available for a comment as we went to press.
In another development, the State has charged Ching’oma with terrorist financing, alongside his personal assistant Gracian Lungu, over allegations linked to the attempted abduction of Centre for Democracy and Economic Development Initiatives chairperson Sylvester Namiwa.
Lilongwe Senior Resident Magistrate Bracious Kondowe Monday granted bail to the two, who are accused of financing activities connected to the alleged crime.
According to the prosecution, Ching’oma is alleged to have transferred K3.9 million from his Centenary Bank account, which is reportedly used for his business transactions, into Lungu’s National Bank of Malawi account.
The State claims that the money was intended to facilitate the abduction of Namiwa, who was allegedly planning to organise demonstrations last year.
In his ruling, Kondowe said the court had granted bail to the two after the State failed to provide tangible reasons to justify the continued detention of the accused, particularly on the likelihood that they would abscond bail if released.
He noted that the right to bail could not be curtailed without compelling justification supported by evidence.
State prosecutor Prescott Mwayiulipo had earlier urged the court to deny the two bail, arguing that Ching’oma was allegedly linked to other criminal cases in which former deputy inspector general of Police Ackis Muwanga is also answering charges.
The prosecution maintained that these alleged links warranted continued remand.
However, Kondowe dismissed the argument, ruling that the State could not keep Ching’oma in custody based on mere suspicion of involvement in another matter.
He said if investigators believed that Ching’oma was connected to a separate offence, they must first conduct thorough investigations before effecting an arrest and presenting the suspect before the court.
“We have noted that prosecutors usually arrest people immediately after they are given bail. This is not right; you need to first investigate all the matters that you are accusing a person of, question them all and then bring them to court,” Kondowe said.
The court nonetheless imposed strict bail conditions. Each accused person is required to pay a cash bond of K2 million and provide two sureties, each bound in a non-cash bond of K5 million.
The accused were also ordered to surrender their travel documents and were barred from leaving the country without prior court approval.
In addition, the court directed Ching’oma and Lungu to report to Police Headquarters in Area 30 on Fridays every fortnight.
They are also required to continue residing at their current places of residence and must not leave their premises without informing the court.
Meanwhile, the matter has been adjourned to February 27 at 10am for plea taking.
