Court stops Chizuma probe
The High Court in Lilongwe yesterday granted Anti-Corruption Bureau (ACB) director general Martha Chizuma an order stopping proceedings and directions by Senior Resident Magistrate Court in Mzuzu for police to probe her over the audio that went viral.
Chizuma’s lawyer Martha Kaukonde confirmed the development in a telephone interview yesterday.
She said: “We have obtained a court order, which consequently stays proceedings and directions by the court in Mzuzu. The action by the police followed that order and now it can’t proceed.”
Kaukonde also said the ruling by the Mzuzu Senior Magistrate’s Court will also be brought before the High Court for review.
The Mzuzu court early this month ordered the Malawi Police Service and Director of Public Prosecutions (DPP) to investigate a leaked audio involving the ACB director general.
In the ruling following an application by Frighton Phompho, senior resident magistrate Godfrey Nyirenda also ordered the two entities to ascertain if criminal charges can be brought against Chizuma.
Phompho 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 United Kingdom-based businessperson Zunneth Sattar, who is under investigation for corruption.
According to the court document, Phompho said Chizuma committed an offence of directly revealing official information to an unauthorised person, contrary to regulation 4(a) of the CPA, and that of making use of speech capable of prejudicing a person against a party to judicial proceedings, contrary to Section 113 (1) (d) of the Penal Code.
On January 24, President Lazarus Chakwera reprimanded Chizuma for the leaked conversation, indicating that he had summoned her for a meeting where she confirmed speaking about ongoing investigations in the leaked audio that had gone viral.
The President described Chizuma’s action as unfortunate, but said he would not dismiss her. Instead, he issued a stern warning that he will keep an eye on her conduct.
Chizuma is also facing defamation charges lodged by Sattar’s business associate Ashok Kumar Sreedharan, who sued her based on the same leaked audio in which she alleges that money changed hands to have the applicant released after an arrest.
In the audio, Chizuma put in the spotlight churches, judges, lawyers and the Presidency as not helping matters in the Sattar case, which so far, she said has proved politically divisive.
Meanwhile, the Malawi Human Rights Commission (MHRC) has disclosed that it is mediating talks between the ACB boss on one hand and Attorney General (AG) Thabo Chakaka-Nyirenda and DPP Steven Kayuni over reports of poor working relationship between ACB and the two offices.
In a statement issued yesterday, MHRC indicated it has already met with the ACB boss and the AG and is yet to meet with the DPP.
The move by MHRC comes at a time Kayuni has asked the Malawi Police Service to investigate and authenticate a leaked audio linked to Chizuma.
Yesterday, Chizuma was scheduled to be interviewed by police at Area 30 Police Headquarters in Lilongwe to ascertain if criminal charges can be levelled against her, but police suspended the meeting at the eleventh hour, saying some people were planning to demonstrate against their action.
But the commission has cautioned police to ensure that they exercise due diligence in dealing with matters relating to the ACB director general and not to jeorpadise her personal safety and security as well as integrity and the independence of the bureau.
Commenting on the developments, a member of a grouping known as Citizen Against Impunity and Corruption, which was mobilising people to demonstrate, Sylvester Ayuba James said the order granted by Magistrate Court in Mzuzu is similar to summons that were dismissed by Chief Resident the Magistrate in Blantyre on the same.
Said James: “The person who obtained the order hasn’t demonstrated that he suffered any specific injury as a person, because these are criminal proceedings and it follows that the person bringing the complaint must demonstrate that they have suffered injury against whom the complaint is being brought.”
Centre for Social Accountability and Transparency executive director Willy Kambwandira, in an interview yesterday, said the turn of events hint at “a very disorganised and uncoordinated law enforcement system”.
He wondered how after President Chakwera made it clear that Chizuma had been pardoned, the same system is now trying to prosecute her.
On his part, Human Rights Defenders Coalition chairperson Gift Trapence said Malawians are suspicious of the police action and conduct.
In a letter dated April 20 2022, addressed to IG George Kainja, Kayuni urges compliance and speed in probing Chizuma.
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.
