Police have formally charged the Anti-Corruption Bureau (ACB) Director General, Martha Chizuma, with making use of speech capable of prejudicing a person against a party to judicial proceedings which is contrary to section 113 (1) (d) of the Penal Code.
Chizuma, who was arrested on Tuesday around 4am, has been released on police bail.
Malawi Police Spokesperson Peter Kalaya said Chizuma was arrested following a complaint that was lodged by the Director of Public Prosecutions (DPP), Dr. Steve Kayuni who alleged that he was injured by allegations made by the ACB Director General in a leaked audio clip in January, 2022.
Her lawyer Martha Kaukonde has told the local media that Chizuma was picked Tuesday morning, around 4am.
She said she is still verifying details and circumstances around the case but says she understands the arrest is in relationship to the leaked audio clip in which Chizuma allegedly spoke to a third party matters around the fight against corruption in the country.
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.
In August, the Mzuzu Senior Resident Magistrate’s Court haordered the Malawi Police Service and Director of Public Prosecutions (DPP) to investigate a leaked audio.
Magistrate Godfrey Nyirenda also ordered the two entities to ascertain if criminal charges can be brought against Chizuma.
The court was moved by a Mzuzu resident Frighton Phombo, who said Chizuma committed an offence of directly revealing official information to un-authorised 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.
In the ruling, the magistrate said: “In the circumstances, the court orders the Director of Criminal Investigations Department of the Malawi Police Service, in consultation with the office of the Director of Public Prosecutions to carry out further investigations for purposes of ascertaining the truth/authenticity or falsehood of the recordings and also to find out whether the charges, as proffered by the complainant, are tenable at law in the circumstances of this matter.
“The results of such investigations should be reported to this court within 90 days from the date of this order or reasonably soon therafter.”
