Africa-Press – Malawi. The government has described debate that has ensued in the wake of the release of the ‘Report of the Commission of Inquiry on the Arrest of the Head of the Anti-Corruption Bureau (ACB) and Ancillary Matters’ as healthy.
Government spokesperson Gospel Kazako told The Daily Times that “it is normal for people to have different opinions on a matter”, indicating that President Lazarus Chakwera directed that contents of the report be made public because he wanted the citizenry to be in the know about what transpired.
“The President has the report [which was] submitted to him by the commission of inquiry he instituted. We have no problems if others have different views on it. It is normal to have different viewpoints. There are also many people who have a different view on the report and there shall always be different view points on any matter.
“The President decided to share the report with the public because the matter was of concern to him and the public. We must concentrate on the report. This is the report that we have,” Kazako said. He reiterated that findings of the commissioners will inform directives and guidance that the President will provide on the issue.
Chakwera instituted a commission of inquiry into issues surrounding the arrest of Chizuma but the findings, which were first released in chapter one, were questioned by institutions such as the Malawi Law Society and Human Rights Defenders Coalition.
Meanwhile, a group of civil society players calling itself the Grand Coalition for Civil Rights Organisations in Malawi Sunday threw its weight behind the findings.
Briefing reporters in Lilongwe, the coalition said the findings of the inquiry are a true reflection of what transpired before, during and after the arrest of Chizuma as per the Terms of Reference (ToRs) drawn.
In a statement co-signed by its chairperson Juma Mkandawire, organising secretary, Nathan Chabuka and spokesperson Elton Chukuyu Banda, the grouping says ever since the leaked audio between Chizuma and another male individual came out, they have been arguing that Chizuma broke the law and needed to resign or face disciplinary action.
“The report has vindicated us…. Based on the foregoing, we would like to call upon President Lazarus McCathy Chakwera to take action on all the recommendations from the report forthwith. In taking action, it will show seriousness in fighting corruption in Malawi,” the statement reads.
However, on Thursday, the Ethics, Peace and Justice Commission (EPJC) of Evangelical Association of Malawi faulted the findings of the Commission of Inquiry, saying they leave a lot to be desired.
Among other things, EPJC said the report “did not clearly establish” who knew what and who ordered the arrest of Chizuma. On Friday, ACB Director General Martha Chizuma faulted the inquiry report, which investigated matters and circumstances that led to her arrest on December 6 2022.
Through her lawyer Martha Kaukonde, Chizuma claimed that the inquiry disregarded her testimony. She also said commissioners ignored the context of events that led to her arrest after she gave her side of the story when she appeared before members of the commission.
“My client is obviously disappointed that what she presented to the commission regarding the main issue that the inquiry was all about, [which has] to do with the manner and appropriateness of the arrest, was not presented,” Kaukonde said.
She has also questioned some of the conclusions and recommendations that the commission of inquiry has made in its report, saying they have been drawn without hearing her side of the story on specific assertions against her.
“…Moreover there are some conclusions that have been made by the commission based on submissions by one person on the issue of her uncooperativeness without hearing her side. That is not right.
“The recommendation that her office and others be reorganised is not based on the law considering that the issues for such a suggestion were already dealt with by the appointing authority in January 2022,” Kaukonde said.
On his part, chairperson for the commission of inquiry, retired Justice of the Supreme Court of Appeal Edward Twea, defended the report. He has, however, said everyone is entitled to their opinion. Twea said it is wrong for Chizuma’s legal team and Malawians to turn the inquiry into a contest of an accuser and the accused.
“We have submitted the report and, thereafter, the issues rest with the authority that appointed the commission. It’s an inquiry, not an issue of accuser and accused, but if they take that approach, well, everyone has the right to hold [and express an] opinion,” Twea said. The commission of inquiry has since made some recommendations.
“The commission recommends that appropriate action be taken to deal with the conduct of the DG of the ACB in so far as the leaked audio is concerned… Further; the commission recommends reorganisation of the leadership in the government offices responsible in the fight against corruption,” reads one of the recommendations.
The commission indicates, in its report, that it found both Chizuma and Director of Public Prosecutions (DPP) Steven Kayuni at fault in the way they conducted themselves while discharging their duties and recommended that Chakwera should deal with them.
The commission also says it found that there are mistrust issues among the different offices that are mandated to fight corruption. It, therefore, recommends that urgent action be taken to restore the dignity, integrity and trust of the offices that are involved in tackling corruption.
Section 7 of the Commissions of Inquiry Act provides that: “It shall be the duty of the commissioners, after taking such oath or making such affirmation, to make a full, faithful, and impartial inquiry into the matter specified in the commission, to conduct such inquiry in accordance with the directions (if any) contained therein; to report in due course to the President, in writing, the result of such inquiry, and also, if required, to furnish to the President a full statement of the proceedings of the commission, and of the reasons leading to the conclusions arrived at or reported.”
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