Martha Chizuma’s incompetence prompt discontinuation of SKC corruption case
The media is awash with reports about the Director of Public Prosecutions (DPP) Masauko Chamkakala discontinuing the corruption case involving the country’s Vice President Saulos Chilima.
The Anti-Corruption Bureau (ACB) arrested Chilima on allegations that he abused his office by influencing some government agencies to award business contracts to the infamous Zuneth Sattar under the watch of Martha Chizuma, the bureau’s Director General.
However, the discontinuation of the Vice President’s corruption case was inevitable due to the shaky evidence presented by the ACB. It is evident that several critical errors by the ACB led to this outcome.
Chilima was arrested in November 2022 on charges the ACB could not substantiate for almost a year, prompting a complete change in the charge sheet 10 months later. This indicated that the ACB misled both the public and the state by prematurely claiming its investigations were concluded and ready for court.
Moreover, the ACB gathered evidence against Chilima from the National Criminal Agency (NCA) without adhering to legal procedures, rendering the evidence inadmissible in court as per the 2021 Supreme Court ruling. Prosecuting individuals for illegal activities cannot be done by committing illegalities themselves.
Additionally, the ACB failed to commence trial against Chilima on charges of office abuse within the stipulated timeframe, leading to the Court’s discharge of three counts of abuse of office in January 2024.
These issues surfaced during the court proceedings, prompting Chamkakala to demand access to the case file for assessment. After obtaining the case file in March 2024 and two months of review, the DPP concluded that the errors made by Chizuma severely damaged the State’s ability to win the case, warranting discontinuance.
The DPP holds the legal authority to decide whether to proceed with a case or discontinue it based on the evidence presented, guided by principles of justice and the rule of law. Operating independently of political office bearers ensures impartial decision-making regarding prosecutions.
Although the DPP’s decision to discontinue the case does not imply Chilima’s innocence, it has become evident during court proceedings over the past year that the ACB mishandled the case and used unlawful methods to gather evidence of his alleged involvement in corruption, weakening the State’s stance.
Additionally, Chilima’s defense strategy was poised to unveil sensitive MDF documents, potentially exposing crucial information about Malawian soldiers and equipment movements in conflict zones across Africa to adversaries.
Given these risks and the ACB’s apparent inability to effectively litigate cases in court, it was evident that pursuing a case already compromised by their errors was not prudent.
Consequently, both the public and the State must reckon with a Vice President whose alleged misconduct might go unpunished due to the ACB’s shortcomings in legal proceedings, highlighting broader challenges the ACB faces in prosecuting corruption cases under judicial scrutiny.
