The High Court in Lilongwe has authorized Vice President Michael Usi to proceed with a judicial review against a notice issued by the Anti-Corruption Bureau (ACB), which sought to compel him to respond to questions and submit documents over alleged corruption.
In his determination, Justice Redson Kapindu stated that while the Acting Director of the ACB is empowered by law to issue such notices, the directive requiring Usi to comply within 24 hours was unreasonable, especially during an active presidential campaign.
“That in summary, implementation of the Notice to Answer Questions and to Produce or Furnish Documents herein, albeit with reasonable Notice being issued, is only stayed for the duration of the official campaign period as prescribed under the Presidential, Parliamentary and Local Government Elections Act, but the threat of criminal prosecution for non-compliance with the above said Notice, in terms of Section 49A of the Corrupt Practices Act, is stayed until final determination of the judicial review herein,” reads part of the determination.
Usi, who is president of the Odya Zake Alibe Mlandu party and a candidate in the September 16 presidential election, maintained that the notice infringed upon his freedom of expression and was intended to derail his campaign trail.
He explained before the court that the statements under scrutiny were delivered at political rallies as part of his broader message to Malawians about the country’s deep-rooted corruption challenges.
Justice Kapindu noted in his ruling that although the Vice President bears significant constitutional duties, he also enjoys legal protections that allow him to campaign without unfair restrictions.
