Malawi govt faulted over Tukula’s interdiction: Decision abnormal, illegal

In a twist of events, the Public Appointments Committee (PAC) of Parliament has faulted Malawi government for interdicting the Director of Public Officers Declaration Christopher Tukula, arguing the suspension is illegal.

Belekanyama: Decision lacks legal basis

Belekanyama: Decision lacks legal basis

Government interdicted Tukula on half pay, two months after his arrest by the Anti-Corruption Bureau (ACB) for interfering with investigations relating to cashgate.

Tukula, who was appointed in August this year to become the first-ever Director in the Office of Directorate of Public Assets Declaration established by the Act of Parliament in Januray this year in an effort to fulfil the Constitution’s requirement that public officers should declare their assets, was initially arrested on October 17 2014 and later released on bail.

But PAC argued that government’s decision to suspend to Tukula is faulty as it is in conflict with the country’s Constitution.

According to PAC Chairperson Lingston Belekanyma, the suspension cannot be effected and that Tukula cannot vacate office.

Belekanyama said despite the Constitution giving the President powers to remove appointees, such decisions are still subject to the Committee.

“We are not saying he cannot be removed from office. PAC only found out about his interdiction in newspapers. Now, as an appointing body, we needed to know about his pending interdiction so that we discuss and give our position,” said Belekanyama.

According to Section 7 of the Public Officers (Declaration of Assets, Liabilities and Business Interests) Act, the appointment of the Director can only be made by PAC through a competitive process involving public advertisement and interviews.

While Section 8 says the President may, where it is considered desirable in the public interest to do so and with the confirmation by PAC, suspend the Director pending investigations to determine whether the director may be removed by PAC.

As such, Belekanyama stressed that Tukula cannot leave office until PAC meets and makes a decision.

“Otherwise, the decision is abnormal. We employed him, why should we not be consulted on his removal,” queried Belekanyama.

He urged government to reverse the suspension and follow the process as laid by the law.

Meanwhile, Tukula is reminding public officers listed in the First Schedule of the Public Officers (Declaration of Assets, Liabilities and Business Interests) Act 2013 that the deadline for the three month grace period he extended to them is December 31 2014.

Tukula also said his office will remain open during the entire festive period and that the Directorate has scheduled a programme of receiving declarations in other regions (Mzuzu and Blantyre).

“All listed public officers in the two regions are, therefore, being requested and encouraged to submit their completed Declaration Forms to the Director either at Mzuzu City Council offices or at the Blantyre City Council offices,” said Tukula.

He claimed that the schedule has been devised to as measure to reduce travel and related logistical challenges, which according to him, are likely to arise for officers to personally submit their declarations to the Director in Lilongwe.

“The arrangement also intends to guarantee easy and uninterrupted accessibility of the Directorate during the festive season,” he stressed.

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19 thoughts on “Malawi govt faulted over Tukula’s interdiction: Decision abnormal, illegal”

  1. mwinidimba says:

    @BISHO you are being myopic.You don’t know the dynamics of political interference.If this is a calculated move you can’t rule out further political machinations after this.We hear somebody more close to the powers that be is being lined up for this job to protect their interests.They interdict without following the law to get what they want.This is just the beginning.This is not normal.Read between the lines.

  2. mwado says:

    You are missing the issue guys?The issue here is about procedure.Can the chief secretary who is in the president’s office interdict anyone? Can he interdict a judge, ombudsman, Acb director, Law commissioner? Some of these high offices have laws governing them and have some particular and independent reporting structures for good reason.The issue is OPC has no power to interfere into such offices.This is a very simple and clear case of interference and illegality.You can’t defend this.

  3. cnkhuto says:

    Every employee under criminal investigation is interdicted. I wonder why it took so long. This is provided in the laws governing civil service. Tukula is not an exception.

  4. Gogo says:

    Sorryl live Atukula 2 Work 4 The Office.

  5. Bwampini is a mad dog.

  6. Angel of Doom says:

    Bisho, your comment is spot on, Malawians are unable to differentiate the office with the holder, But having said that you have also made the same Malawian mistake of making an assumption around your belief.

    have you been told that people are saying that they will not declare their assets because Tukula has been interdicted? If not why the swipe at the end of your comment?

  7. aphiri says:

    DPP supporters don’t just follow ur party blindly. When it’s wrong it’s wrong. Don’t just defend any thing

  8. Bisho says:

    Authority in conflict indeed. But good people tell me, is suspending Tukula the person, the same as suspending operations of his office? My view is that officers concerned will still have to submit /deposit their declarations at designated offices on or before the deadline with or without Tukula around.Public viewing will follow later with or without Christopher around. So no escape from Sobibor!

    1. Greencardless Malawian says:

      You mean lower officers who have less authority who can easily be manipulated by these blood sucking vampires you call tge president, his advisors and ministers?

  9. Moya says:

    Let’s not conflate issues here and personalise things and defame people.As Chair of PAC Belekanyama has a duty to protect the law just as the President has to.If the law hasn’t been followed you have nothing to defend here.Its not about personalities.Its about rule of law.The President has the duty to protect the law.Koma Pitala yu mesa ndi lawyer and mboma mu muli ma lawyer? Munthuyu ma strike amubalalitsa ndithu.Ulendotu uwu Pitala yu uwu. Ma blunder too much.

  10. Fwefwefwe says:

    31st December was the dday. Now the person is suspended. I smell a rat. Something fishy is going on here. May be the he was waiting for the donors inorder to declare his assets. Yayauaya! Malawi wa Lero.

  11. Bwampini says:

    Ukafuna kudya ndi boma, uzilisusa. Ndinawonera bambo Kapito

  12. nyasimmaso says:

    Utchisi wa mankulu ukuonekela poyerano cholinga tisadziwe kuti mukumaba ife tinakupangilane kali kaundula anything more muchokeratu, musanafika pakubanso 92 billion ina

  13. Mulopwana Wa Mamwene says:

    Few few few few……..veses Mbofyo mbofyo mbofyo…….!!!!

  14. Hebrews says:

    A Belekanyama paja munalandira K30,000.00 za cashgate eti? Inu sitingakudalireni? Kuteroko apa mwalandira kangachepe! Munya muona Boma simunthu ayi. APM mumumva kuwawa!.

  15. vitumbiko mwakipuyi says:

    Za ziiii, zo panda mchere, mwasowa chochita eti, mbava ndi mbava basi.

  16. one day is one day says:

    Iwe Belekanyama ngati usakuziwa ntchito imeneyi ndi kwa bwino ungosiya ukapitilize za gule wamkulu zomwe umapanga mbuyomu.

    Tukula akukhuzidwa ndi za cashgate choncho akuyambekezeka kuyankha milandu imeneyi.

    Ngati unamudyera zake, ubwezere chifukwa apa ndiye wachera kumwezi nkhanga zaona.

  17. Nyenyenye says:

    This is intentional and deliberate move to distract people from the real issues.Ine ndikufuna kumva kuti kodi president ndi nduna zake ali ndi chani?mukatero mukufuna muyikepo munthu wanu.Ine ndiye sinimvatu pa 31 pano mundionetsa chuma chanu ndwauze a Malawi.Mwatibera kwambiri anthu inu.Mukukana kukweza ma salary koma mukufuna mube.Mxiiiiiii!

  18. Dumisani says:

    Andalewa amadziwana.Apapa ndiye kuti aona kuti kalipo kalipo.Chone a Boma mukhale oyamba kutsata malamulo.mukayamba inu kuphwanya malamulo oyikika ndiye enafe tizitani?

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