Commentators are questioning the willingness of the Director of Public Prosecution (DPP) and Anti-Corruption Bureau (ACB) to address corruption directly, especially when cases involving those close to power are being dropped.
The observation comes after the DPP Chamkakala dropped criminal charges against three directors of Paramount Holding Limited, corrupt charges against Vice President Saulos Chilima and theft charges former President Bakili Muluzi.
Recently, Chamkakala said his action to drop the cases were done in consultations with ACB.
“It’s always good practice to consult all affected institutions in matters like the present one. And of course the office of the DPP and ACB had a consultative meeting before the application was filed with the court. Again, the substance of the consultative meeting was exactly that,” he said
Paramount Holdings Limited directors, Prakash Virji Ghedia, Arvindikumar Atiti Patel and Surej Khimji Jagatiya were answering charges of making and uttering false documents to get contracts.
The offences surrounded conspiracy to utter false documents and utter a false document showing that the company is an authorized dealer of Yamaha Motorcycles in Malawi.
Chilima was accused of having received an unspecified sum of money from businessman Zuneth Sattar to allegedly influence public contracts in his favour.
Centre for Social Accountability and Transparency Executive director Willy Kambwandira questioned the move, saying it raises more questions than answers.
“This is a serious matter involving criminality and corruption. As a public official, he is not exempt from being held accountable. He must explain to Malawians the reasons that have prompted the decision to dismiss that case,” he said
National Advocacy Platform (NAP) chairperson Benedicto Kondowe called for the firing of Chamkakala saying it has been his tendency to be 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
Recently, Civil Society Organizations (CSOs) gave ACB 14 days to update Malawians on its stance concerning the terminated cases and reveal the expenses incurred in investigating and prosecuting these issues.
“Recent events regarding the use of discontinuance powers by the DPP under section 99 of the Republic of Malawi (Constitution) Act 20 of 1994 have raised profound concerns within civil society. We therefore emphasize the urgent need for reforms to protect the integrity of the prosecutorial process,” said Kambwandira, who signed a public statement on behalf of the organizations.
However, the Parliament’s Legal Affairs Committee on Tuesday agreed with the decision of the DPP to drop charges against Chilima but called for the restoration of the case against the directors of Paramount Holdings Ltd,
Despite being informed that the decision to discontinue the case of Paramount Holdings directors was due to insufficient evidence, committee chairperson Peter Dimba said that the committee felt it wise to have it reinstated so that the accused should exonerate themselves.
It is yet to be known whether the DPP will take the advice.
