The Malawi Law Society (MLS) has demanded that President Lazarus Chakwera should direct that the full report of the Commission of Inquiry into the arrest of the Anti-Corruption Bureau (ACB) Director General, Martha Chizuma be released.
A statement by MLS Chairperson Patrick Mpaka said doing so will enhance both Chakwera and the Commission’s public trust, transparency and accountability.
“Chakwera appointed the Commission because there were matters of concern to the public about the arrest on 6th December 2022 of the ACB Director General.
“The President made the appointment of the 12 Commissioners on behalf of the publicbecause there are matters of public welfare in the arrest in terms of section 2(1) of the Commissions of Inquiry Act.
“The Commission is on its own accountable and is required to be transparent to the public under sections 10 and 12 of the Constitution and sections 2 and 7 of the Commissions of Inquiry Act when read together. The public is entitled to access to information held by the State by virtue of section 37 of the Constitution and the Access to Information Act.
“We cannot fairly evaluate the 12 Commissioners’ output without examining what they have looked at in pages 1-49 of their report which is not available to the public. The authority given to the Commission by the President in a public appointment document circulated on 6th December 2022 specifically required the Commission to zero in on the arrest and not to inquire into the conduct of the arrested.
“However, pages50-60 seem to suggest that the Commissioners had different Terms of Reference from the direct question concerning the arrest as raised in the 6th December 2022 appointment notice known to the public. The public must be allowed to evaluate how such possible variance in the scope of assignment might have arisen or indeed there is any variance at all,” reads part of the statement
Director of Public Prosecutions (DPP) Steven Kayuni and Chizuma emerged as two top public officers to face action in recommendations by a commission of inquiry into Chizuma’s arrest.
Chaired by retired Justice of Appeal Edward Twea, the Commission failed to pin down “critical members of the executive” who it said evidence showed were aware of Chizuma’s arrest on December 6 2022 before Parliament began proceedings for the day.
