Only PAC has power to confirm ACB director – Kasambara

…Trashes calls for Chakwera to resubmit Chizuma’s name

Lawyer Ralph Kasambara says the Public Appointments Committee (PAC) is the only one mandated to confirm the Director General of the Anti-Corruption Bureau (ACB) and such power cannot be taken over by the whole National Assembly.

Earlier this week, PAC voted against the confirmation of Martha Chizuma as Director of the ACB.

There have been calls for President Lazarus Chakwera to resubmit Chizuma’s name to PAC, for Parliament to produce report on what transpired during the hearing process and for the whole Parliament to deliberate on the confirmation of the ACB director.

But Kasambara has faulted all these suggestions saying they are not consistent with the law.

Chizuma

“The law grants power to PAC to confirm the director of ACB. It does not say PAC should produce a report. Where the law wants the whole house to confirm an appointee the law does not shy from saying so.

“In other words, in the wisdom of the National Assembly and the President the confirmation of director of ACB is PAC business and only PAC should do that. Any attempt to arrogate that power to the National Assembly must have some statutory underpinning. So far, I have found none,” he wrote.

He added that it is not fair and right to ask the President to resubmit Martha Chizuma name.

“The law does not grant the President that right. It’s what judges would call abuse of Parliamentary process. Just like in court you are not allowed to have a second bite at the cherry so goes with confirmation process. It’s one of those sad realities,” he said.

Kasambara also argued that what has happened to Martha Chizuma is not a first. He gave the examples of Mary Nangwale and Atuweni Juwayeyi whose appointments were rejected by PAC.

“Examples abound from USA and Nigeria where there is also confirmation process by legislature of certain executive appointments. As courts and scholars have emphasized the process is political and not justiciable,” he said.

 

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2 Comments

  1. If you got your ill-motives do not disguise yourselves under the law.
    Martha Chizuma is the people’s choice, she is competent and you know that, a very strong woman she is.
    Do not make the law sound as if what was done by PAC is right. Osabisalira ku malamulo ankhwezule inu. Nzeru zanu zoipazo tazidziwa.
    Let justice prevail.
    If the law is silent on a number of times the President can submit the name to PAC then what it entails is that the President can also resubmit the name.
    Stop playing your mind games with the public. If people can overthrow Kings why should PAC sounds as if they are sacred cows. They ain’t innocent if revelations making rounds out there are too.
    Pezani mfundo zina…

  2. I totally agree with both Kasambara and CDEDI director, Namiwa. It is the mandate of PAC to whether approve the appointment or not. Nobody should push PAC to approve her. This lady is not the first one to be rejected by PAC.

    I just wonder why the so called HRDC announces for demos for the same. Why don’t you announce for demos for the exorbitant prices of items that Malawians are suffering from now? We lost hope in you. Let CDED speak for Malawians now, and not you HRDC.

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