Civil Society Organizations (CSOs) have called on President Lazarus Chakwera to remove Director of Public Prosecution (DPP) Masauko Chamkakala from his position, accusing him of abusing office.
The call comes a few days after Chimkakala discontinued a case in which Vice President Saulos Chilima was accused of having received an unspecified sum of money from businessman Zuneth Sattar to allegedly influence public contracts in his favour.
He was arrested in November 2022 after being named among 84 individuals suspected to have received bribes from Sattar, according to a report the Anti-Corruption Bureau (ACB) submitted to Chakwera in 2022.
Speaking today on Wednesday, National Advocacy Platform (NAP) chairperson Benedicto Kondowe who spoke on behalf of the organizations expressed disappointment that the DPP has been discontinuing criminal proceedings of highly profile politicians before judgment without explanations.
“The Director of Public Prosecution has failed and we need him fired. We underscore that while prosecutorial discretion is crucial, it must operate within legal boundaries and serve the interests of justice. Transparency and accountability are essential to maintain public trust in the DPP’s office. Therefore, discontinuance powers require thorough scrutiny to prevent abuse or manipulation of the legal process.
The misuse of discontinuance powers by the DPP 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.
“The development partners, witnessing such lapses in accountability, may view the country as high-risk for their investments and aid initiatives, potentially leading to reduced support and cooperation. Ultimately, this poses a threat to the nation’s integrity, development, and adherence to the rule of law,” said Kondowe who was accompanied by Youth and Society (YAS) executive director Charles Kajoloweka and Centre for Social Accountability and Transparency (CSAT) director Willy Kambwandira among others
The CSOs have proposed an amendment of the legislation to clarify and strengthen the limitations on DPP powers to discontinue cases, establishment of an independent body to oversee and scrutinize prosecutorial decisions, enhance transparency and accountability and have called on the President to exercise his authority as outlined in section 102 (2) (b) of the Constitution to evaluate the current DPP in light of serious concerns regarding impartiality and performance of his duties.
Further, the CSOs have demanded an investment in training and capacity-building for prosecutors to ensure they adhere to the highest legal and ethical standards when making decisions, launch of public awareness campaigns to educate citizens about their rights and emphasize the judicial integrity necessary to combat corruption and that within 14 days, ACB should, update Malawians on its position regarding the discontinued cases and disclose the amount of money spent on investigating and prosecuting these matters.
Recently, the DPP also dropped cases against Directors of Paramount Holdings Ltd who were facing charges related to government procurement deals, the treason case against former vice president Dr. Cassim Chilumpha (now resuscitated), a case against former president Bakili Muluzi who was accused of theft of K1.7 billion.
Additionally, the DPP halted proceedings in The State v Directors of Mapeto David Whiteheads & Sons, a K16.5 billion tax evasion case, as well as the Anderson Mwakiyeru cases.
