A group of Civil Society Organizations (CSOs) has said that the Legal Affairs Committee of Parliament (LAC) endorsement of the Director of Public Prosecutions (DPP) Masauko Chamkakala decision to discontinue Vice President Saulos Chilima’s criminal proceedings on grounds of national security, raises serious questions about the impartiality and integrity of our oversight systems.
Chamkakala discontinued a case in which Chilima was accused of receiving an unspecified sum of money from businessman Zuneth Sattar to potentially influence public contracts in his favor.
In a statement signed by National Anti-Corruption Alliance (NACA) chairperson Moses Mkandawire on behalf of the CSOs, the organizations said the move to simultaneously recommend the revival of the case against directors of Paramount Holdings Limited, shows application of selective justice.
“The decision to halt a high-profile case under the pretext of national security has significant implications for the rule of law and public trust. While protecting sensitive information is paramount, there is a troubling potential for this rationale to be misused as a cover-up mechanism. This could inadvertently allow corruption to flourish under the guise of security, effectively turning the Malawi Defence Force (MDF) into a sanctuary for unaccountable actions, shielded from the scrutiny that taxpayers deserve and demand.
“Moreover, the selective revival of cases by the DPP undermines the principle of equal justice. When legal decisions appear biased or driven by personal or political motives, public confidence in the justice delivery system is severely eroded. This selective approach risks creating a perception of an uneven application of justice, where some are protected while others are prosecuted based on criteria other than the merits of the cases.
“To mitigate these risks and to restore faith in our anti-corruption efforts, we call for an urgent reform of the law governing the discontinuance of cases during the main sitting of Parliament in the 2025/26 fiscal year. It is essential to establish a mechanism for pre-discontinuance scrutiny to ensure that any decision to drop a case is firmly rooted in legal principles and not influenced by extraneous factors. This reform is crucial to prevent any potential abuse of power and to ensure that justice is both served and seen to be served.
“The Legal Affairs Committee must take immediate steps to reaffirm its commitment to the interests of the Malawian people. It must act transparently and fairly, distancing itself from any actions that could be perceived as facilitating corruption. We reiterate our earlier call for the President to exercise his powers under section 102(2) of the Constitution to evaluate the DPP’s discharge of his prosecutorial powers in light of serious concerns regarding impartiality and performance of his duties. The credibility of our legal and oversight institutions depends on their ability to operate without fear or favor, maintaining a steadfast commitment to transparency, fairness, and justice for all.
“We urge the LAC and the DPP to reflect on the broader implications of their decisions and to prioritize the long-term health of our democratic and legal systems. The fight against corruption must be unwavering, and it must be pursued with integrity and impartiality. Only then can we hope to rebuild public trust and uphold the rule of law in Malawi,” reads part of the statement
The statement has been signed by Human Rights Defenders Coalition (HRDC), Youth and Society (YAS), National Advocacy Platform (NAP), Centre for Social Accountability and Transparency (CSAT), Centre for Human Rights and Rehabilitation (CHRR), Centre for Civil Society Strengthening(CSS), Catholic Commission for Justice and Peace (CCJP), Civil Society Coalition on Accountability and Transparency, Malawi Human Rights Resource Centre (MHRC) and Nyika Institute (NI).
