Malawi: Chizuma Arrest Commission of Inquiry Faults DPP Kayuni, Police On the Illegal Arrest

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Malawi: Chizuma Arrest Commission of Inquiry Faults DPP Kayuni, Police On the Illegal Arrest
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Authorities Faulted for Arrest of Anti-Corruption Bureau Chief Martha Chizuma: Malawi MarthaChizuma Anticorruption legal

This is contained in the official report which the Commission of Inquiry that President Chakwera President Lazarus Chakwera constituted 14 days ago to probe circumstances that led to Chizuma's arrest on the dawn of the night of December 6.

The Commission found Steven Kayuni was not entitled to bring a personal complaint based on issues pertaining to his office as DPP, saying while as the DPP, he represented the State in the case of review before Justice Mtalimanja and that he was conflicted when he decided to lodge complaint in his personal capacity to the exclusion of any others whose rights may have been injured by the leaked audio.

Evidence received by the Commission shows that there are serious mistrust issues among the different offices that are mandated to fight corruption with Chizuma pointing out that she was receiving pressure against prosecution of some corruption cases and non-cooperation from offices that are supposed to support the ACB.

"However, it was also evident that in her commitment to fight against corruption, she has not been able to carry along critical offices that she needs to fight corruption and consequently she appears to be working alone and the fight against corruption has been compromised." The issue of the arrest was prompted by the Opposition and it took time before the government side brought an official statement and the delay in the issuance of the government statement resulted in suspension of proceedings of the House on more than one occasion.

Chakwera made a directive on the unconditional release of Chizuma in the morning of December 6 but there was no written instructions from the relevant Government Ministries to formalise the directive and the Commission recommends that the officers responsible for"signifying oral directives from the President or Ministers must do so at the earliest opportunity to avoid communication and decision vacuum".

On the part played by the Malawi Police Service , the Commission says evidence gathered shows that other than officers involved in the planning of the arrest, no other authority had prior information of the arrest of such a high profile office holder.

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