Civil society organizations (CSOs) have demanded immediate resignation of the Director of Public Prosecutions (DPP), Masauko Chamkakala, for allegedly abusing his powers and betraying Malawians in the fight against corruption.
The concerned CSOs include Youth and Society (YAS), Centre for Social Accountability and Transparency (CSAT), National Alliance Against Corruption (NAAC), Catholic Commission for Justice and Peace (CCJP), Centre for Human Rights and Rehabilitation (CHRR), Social Action for Development (SAfD), Centre for Civil Society Strengthening(CSS), Civil Society Coalition on Accountability and Transparency and Malawi Human Rights Resource Centre (MHRRC).
Others are Nyika Institute (NI), NGO Gender Coordination Network (NGO GCN), Human Rights Consultative Committee (HRCC), Citizen Alliance (CA), Malawi Economic Justice Network (MEJN), Malawi Health Equity Network (MHEN) and NGO Coalition on Child Rights (NGO CCR).
In a statement issued on Wednesday, the CSOs said the recent events regarding the use of discontinuance powers by DPP under section 99 of the Republic of Malawi (Constitution) Act 20 of 1994 have raised profound concerns within civil society.
“We therefore emphasize the urgent need for reforms to protect the integrity of the prosecutorial process. Section 99(2) of the Republic of Malawi (Constitution) Act 20 of 1994 grants the DPP discretionary powers to discontinue criminal proceedings before judgment. Subsection (3) further requires the DPP to provide reasons for discontinuing proceedings to the Legal Affairs Committee of the National Assembly within ten days,” reads part of the statement.
The CSOs, however, admit that the provision does not prevent other individuals or authorities from withdrawing their instituted proceedings with court permission.
But quoting subsection (5), the CSOs say the law imposes limitations on the DPP’s powers, specifically barring discontinuance in cases of appeals or questions of law reserved at the request of convicted individuals.
“This constitutional framework, reaffirmed in the case of Chilima & Anor. v Mutharika & Anor. (Constitutional Reference 1 of 2019) [2020] MWHC 2 (3 February 2020), highlights the restrictions placed on the DPP’s authority in such situations,” they say.
“We underscore that while prosecutorial discretion is crucial, it must operate within legal boundaries and serve the interests of justice. Transparency and accountability are essential to maintain public trust in the DPP’s office. Therefore, discontinuance powers require thorough scrutiny to prevent abuse or manipulation of the legal process,” they add.
The CSOs have since demanded that the President should exercise his authority as outlined in section 102 (2) (b) of the Constitution to evaluate the current DPP in light of serious concerns regarding impartiality and performance of his duties.
They also demanded that ACB should, within 14 days from the date of this statement, update Malawians on its position regarding the discontinued cases and disclose the amount of money spent on investigating and prosecuting these matters.
“We firmly believe that implementing these recommendations will strengthen Malawi’s legal framework and institutional capacity. This will help prevent discretionary abuses, promote transparency, and bolster the rule of law. We are committed to collaborating with stakeholders to bring about these crucial reforms and ensure justice for all Malawians,” concludes the statement, which has been signed by NAP Chairperson Benedicto Kondowe.
