By Lyson Sibande
When the Anti-Corruption Bureau (ACB) released a report in 2022, where among others, the State Vice President, Right Hon. Dr Saulos Chilima (May His Soul Rest in Peace) and the State Residence’ Chief of Staff, Prince Kapondamgaga were suspected to have received bribes from Zunneth Sattar, President Chakwera did not protect any of them.
In July 2022, President Lazarus Chakwera without any hesitation publicly suspended Chilima from ever executing delegated state duties and also suspended Chief of State Prince Kapondamgaga.
Three months later, Chilima was arrested in November 2022. He appeared in Court to answer corruption charges on several occasions.
But in May 2024, the court dropped criminal charges against Chilima. The case was discontinued.
Legally, it means that up until his death in June, Chilima had no criminal case to answer regardless of what the Court in the UK might have on him.
The same applies to Prince Kapondamgaga. He has no case to answer and therefore not criminally liable of anything regardless from what some Court in the UK might have.
You will recall that after the president suspended him, the ACB reported that Kapondamgaga signed a restitution agreement with the ACB; he surrendered a Mercedes Benz S-Class 350d and paid K70 million which were allegedly the personal gifts in question, received from Sattar.
The restitution agreement is a legal remedy even in the laws of Malawi provided for in Section148 (1) and (2) of the Criminal Procedure and Evidence Code.
The court also explained restitution agreement very well in the case of Republic v Savala (Criminal Case 28 of 2013).
This is a remedy whereby the state recovers the property or wealth from a respondent facing criminal prosecution.
Kapondamgaga might have received the Benz and money thinking they were innocent gifts, but being a public officer, that could not be a defense.
That is why he opted for restitution agreement and surrender the property to the government of Malawi. This is applicable to everyone under the laws of Malawi.
Both, Chilima and Kapondamganga were cleared and had their cases dropped and discontinued through legitimate legal institutions and processes of Malawi.
While the Constitution of Malawi under Section 211 recognizes international law, it makes it very clear under Section 211(1), (2) and (3) that international law is inferior to Acts of Parliament of Malawi.
The Constitution places itself above all laws according Section 5 and Section 99 inter alia, and second in supremacy, are Acts of Parliamarent and third, according to Section 203 are decisions of the courts.
As a result, international law does not in any way take precedence over any of our laws. Our statutes, courts, and legal processes are more binding and take precedence over international law.
If the laws of Malawi cleared Chilima and also cleared Kapondamgaga about alleged crime committed in Malawi, then whatever courts outside Malawi have on them, to the extent of that case, are inconsequential, have no effect, and do not bind the President or any institution in Malawi.
Therefore, the President cannot relieve Kapondamgaga of his duties based on what the Court has in the UK, if the laws and institutions of Malawi already cleared him and dropped the charges. He is not guilty of anything.
Disclaimer: The views expressed in the article are those of the author not necessarily of the The Maravi Post or Editor
