Chizuma probe push intensifies
Director of Public Prosecutions (DPP) Steve Kayuni has asked the Inspector General (IG) of Police to investigate and authenticate the leaked audio linked to Anti-Corruption Bureau (ACB) director general Martha Chizuma.
The action comes in the wake of a court order on April 7 this year for his office and Malawi Police Service to launch an investigation and ascertain if criminal charges can be levelled against Chizuma.
In a letter dated April 20 2022 addressed to IG George Kainja, Kayuni urges compliance and speed on the matter.
Reads the letter in part: “Honourable Inspector General, it is trite in law that a court order must be obeyed at all times unless set aside or varied.
“Further, the question of constitutional importance at all times is whether government [or anyone else] can lawfully act in a manner inconsistent with a defective order of a court or tribunal without first having that order set aside or varied? The answer to this question is in the negative, honourable Inspector General.”
Kayuni said ultimately, all decisions and their effects have to be viewed in light of the public interest in legal certainty, orderly administration of justice and respect for the rule of law.
The DPP said he held the opinion that the order served needed to be considered and obeyed as soon as possible. He, thus asked the IG to expedite the considerations to enable him report back to the court.
When contacted yesterday, National Police deputy spokesperson Harry Namwaza could neither confirm nor deny that the IG had been served with the DPP letter.
He said relevant authorities where such communication is received were not readily available for confirmation.
But Namwaza confirmed that the police were served with the court order.
He said: “I can confirm that we have been served with the court order, but cannot confirm as at now whether the letter from the DPP was served or not.”
The order followed an application by a concerned citizen Frighton Phompho who moved the court to open a case against Chizuma on allegations that she violated the Corrupt Practices Act (CPA) by revealing to a third-party information on ongoing corruption investigations.
A Blantyre-based lawyer who opted for anonymity said yesterday non-compliance on the part of the IG and the DPP would attract contempt of court proceedings, regardless of whether there is merit or not in the order.
“Court orders are very tricky business. They are razor sharp edged either you obey them or risk contempt of court proceedings. Legally it is impossible to embark on varying or reviewing a court order before you actually obey it,” said the lawyer.
In an earlier interview, human rights activist Undule Mwakasungula said many questions remain unanswered on the Chizuma audio.
University of Malawi law professor Garton Kamchedzera also wondered, in a write-up, why crime investigation and prosecution agencies appeared not to even question the man with whom Chizuma conversed.
President Lazarus Chakwera on January 24 2022 reprimanded Chizuma for the leaked conversation.
