Secretary to the office of President and Cabinet Colleen Zamba acted within her mandate to interdict the embattled Anti Corruption Bureau Director General Martha Chizuma.
On 31 January ,2023, Secretary to the Offfice of President and Cabinet interdicted Director General of Anti Corruption Bureaus (ACB) to pave way for smooth court cases that she was answering.
In a letter addressed to Chizuma, SPC Collen Zamba said her office has received communication that Chizuma was answering case number 236 of 2023.
“I have received a report of the Criminal Court Case Number 236 of 2023 sitting at Lilongwe before the Chief Resident Magistrate, where you are answering the following charges First Count: Making use of speech calculated to lower the authonity of a person before whom a judicial proceeding is being had, contrary to Section
113 (d) of the Penal Code, Second Count: Making use of speech capable of prejudicing a person against a party to judicial proceedings, contrary to Section 113 (d) of the Penal Code,” reads the letter in part.
According to the letter, the allegations constituted serious misconduct of a public officer and an Anti-Corruption Bureau (ACB) official in terms of section 49B of the Corrupt Practices (Amendment) Act 2004 Ant-Corruption Bureau Standing Order Numbers D/18 (2) and D/18 (9), Sections 4 (4.5); 6 (6.1); 6 (63) and 14 (14.1) of Code of Conduct and Ethical Behaviour of the Ant-Corruption Bureau, Maiawi Pubic Service Regulations (MPSR) 1:201 (6), 1201 (11).1201 (17) and 1:201 (19) and Contract Clause Articles I and 1 of your employment contract of 1 June 202.
However legal practitioners who confered in us Zamba was right because according to
Section 4.1 of the Corrupt Practices Act,
the Bureau shall be a Government Department and the finances of the Bureau shall be charged to the Consolidated Fund.
Section 3 of the same chapter, Bureau shall exercise its functions and powers independent of the direction or interference of any other person or authority while submitting reports to the President and to the Minister regarding the general conduct of the affairs of the Bureau.
Again , MPSR 2010, Regulations which apply to the employees of the Malawi Public Service, Government does not discriminate any person on the basis of gender, race, language, political or other opinion, ethnic or social origin, property, birth, religion, disability or other status.
And according to the CPA Contract Officer means an officer employed for a specified period of time under a written contract.
“Employee” means a person who has a contract of employment with the Government of the Republic of Malaŵi.
“Public Officer” means a person holding or acting in an office of emolument in the public service.
And Chizuma falls in all those listed categories. As employee, as contract officer and also public officer and an employee of the Malawi Public Service at a Government Department.
So the SPC acted lawfully
