The Malawi Human Rights Commission (MHRC) has refuted media reports that it has suspended the investigations that led to the arrest of Ant- Corruption Bureau( ACB) Director General Martha Chizuma in December last year.
In January this year, the MHRC commenced an investigation into events that led to the arrest of Chizuma.
But speaking with Malawi Voice, the MHRC Executive Secretary Habiba Osman says the Commission has only pended the investigation waiting for the other seven commissioners of the Commission to be appointed by the President to have a full quorum as provided in an Act of Parliament.
According to Osman, says the Secretariat has no powers to suspend an investigation because the law to institute an investigation is solely in hands of the policy makers who are the commissioners. “Pending is not suspending.
“These are two different terms in law and facts and someone must be able to draw the distinction between the two easily without searching in the dictionary,” said Osman
Currently, the Commission has only two commissioners namely ombudsman Grace Malera and Law Commissioner Rosemary Kanyuka by virtue of their offices as provided for 131(1, a,b) of the Constitution that defines the composition of the Commission.
According to the constitution as provided for in sections 129 and 130, the commission is established to primarily to protect and investigate human rights violations and that it have powers to institute investigations by its own or by being asked by the people into the alleged matter.
