By Edwin Mauluka
Civil society organisations in the fight against corruption have called for the resignation of the Director of Public Prosecution (DPP) Masauko Chamkakala for losing trust of Malawians over discontinuation of serious corruption cases ever since he assumed the office.
Call from 17 institutions, has been made today at a press briefing in Lilongwe following the decision by the DPP office to discontinue a graft case against Vice-President Saulos Chilima who was being accused of receiving an unspecified sum of money from United Kingdom-based businessperson Zuneth Sattar to allegedly influence public contracts in his favour.
Chairperson for the National Advocacy Platform (NAP) Benedicto Kondowe said instances of discontinued cases relating to corrupt political figures undermines anti-corruption efforts, allowing wrongdoers to evade consequences and fostering a culture of impunity.
“This erodes public trust in the justice system, affecting perceptions of fairness and discouraging investment.” He said adding that the decisions further poses a threat to the nation’s integrity, development, and adherence to the rule of law.
Kondowe said the misuse of discontinuance powers by the DPP shows that the country is in urgent need for reforms to prevent potential misuse of prosecutorial discretion and uphold justice and the rule of law.
“Our position is very clear that it is evident that the fight against corruption is losing grounds in Malawi considering series of discontinued cases as we have seen by the office of the DPP. It is not just the case of Dr. Chilima, but we know that the office of the DPP had discontinued the case involving Paramount Holdings and the case of Dr. Bakili Muluzi, the case of Dr. Cassim Chilumpha which has now resuscitated, the case of Anderson Makiyeru among others.” Explained added Kondowe
He shared that cso’s are worried that all the discontinued cases involve politicians most of whom hold authority in the country and that there is no compelling grounds for the decision by the office of DPP to discontinue those cases.
Kondowe said it is in considered view of the group that the unilateral decision by DPP offends the constitution which promote equality before law where everyone must be subject to the law and that a competent court determines whether one is guilty or not.
He said this portrays that the justice is only for the rich and not the poor.
“If the DPP does not step down, we will make him stepdown” added Executive Director for the Centre for Social Accountability and Transparency (CSAT), Willie Kambwandira
On his part, Charles Kajoloweka Executive Director for Youth and Society (YAS) expressed concern that while the Anti-Corruption Bureau announced that there were 84 cases linked to Sattar, little progress has been made as many cases have never been taken to court for prosecution.
He cited cases of presidents Chief of Staff Prince Kampondamgaga and Malawi Congress Party Secretary General Eisenhower Mkaka as examples of cases that have never been prosecuted.
The grouping has made six demands; reforming the law to provide proper mechanism to hold DPP accountable, setting up for an independent body that examine reasons for discontinuous of cases, calling upon the President to exercise his authority to evaluate the powers of DPP in light of serious concerns regarding impartiality and performance of his duties.
“The other recommendation is 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 these matters.” Said Kondowe adding that they also demand for an investment in training and capacity-building for prosecutors to ensure they adhere to the highest legal and ethical standards when making decisions as well as launch public awareness campaigns to educate citizens about their rights and emphasize the judicial integrity necessary to combat corruption.
The group has warned that they are steadfast in their resolve to make sure they engage concerned authorities to respond, pressurize the authorities to do the needful, engage other bodies such as parliamentary committee, international development partners and other avenues provided in the constitution.
“If engagement fails there are lawful means such as demonstrations, vigils. That we are more than willing to undertake if issues of corruption are dealt in the manner that is being done.” Emphasised Kondowe
