Malawi Government could revive the criminal case against Anti-Corruption Bureau (ACB) director general Martha Chizuma at any time within the next six months.
Over the weekend, Director of Public Prosecutions (DPP) Masauko Chamkakala, announced that he had discontinued criminal charges against Chizuma.
Section 77 of the Criminal Procedure and Evidence Code Act states gives the DPP power to discontinue a case.
The act however, adds that “such discharge of an accused person shall not operate as a bar to any subsequent proceedings commenced once against him within six months of the discharge, on account of the same facts; such a discharge shall not bar.”
According to a legal expert, this means that the Director of Public Prosecutions can revive a “discontinued” at any time within the next 6 months.
There are concerns that the case against Martha Chizuma could be revived using the same law.
Chizuma was facing two criminal charges relating to remarks she made in her leaked. One of the charges was based on a complaint by former DPP Steven Kayuni who said Chizuma described him as corrupt and compromised.
On January 31, Secretary to the President and Cabinet Colleen Zamba suspended Chizuma due to the criminal charges.
Last week, the Malawi Law Society obtained an injunction against the suspension and the charges against Chizuma but government challenged the injunction without success.
The Lazarus Chakwera administration came under fire from donors and civil society organisations for waging war against Chizuma. The United States Embassy said in a statement last week that Chakwera’s government had abandoned its fight against corruption.
Following pressure from the donors, government through the DPP dropped charges against Chizuma and yesterday the government withdrew the Chizuma interdiction case at the Supreme Court of Appeal.
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