Malawi tax payer finance compensation of Kalemba, Mzikamanda

President Peter Mutharika’s  unprocedural dismissal of former Director of Public Prosecution and (DPP) and Rezine Mzikamanda — former Anti-Corruption Bureau (ACB) director – will cost tax payer millions in compensations to the two officials as it is reported  government has coughed millions of kwacha the duo.

Mutharika, a professor of law, did not follow procedures as per provisions of the Corrupt Practices Act to remove Mzikamanda.

Under Section 6(2) of the Corrupt Practices Act (CPA): “A person holding the office of director may be removed from office by the President with the confirmation of the Public Appointments Committee [PAC] for inability to perform the functions of his office [whether arising from infirmity of body or mind or from any other cause] or for misbehaviour.”

Justice Mzikamanda was unfairly dismissed from ACB

Justice Mzikamanda was unfairly dismissed from ACB

President Mutharika violated the same laws he swore to defend and protect.

It is now reported that treasury has settled to give the two a hefty sum of money in compensation.

Mutharika  fired the DPP and ACB director  at a time when the two offices are at the heart of investigations and prosecution of cases related to theft and money laundering of government funds which forensic auditors found amounted to K13 billion (about $34m) between April and September 2013

Mzikamanda would be resuming his role as judge of the Malawi Supreme Court while latest information indicates that Kalemba is now with the Ministry of labour.

In 2006, then ACB director Gustave Kaliwo succumbed to pressure to resign after being asked to do so by former president the late Bingu wa Mutharika.  Kaliwo was awarded millions of kwacha in compensation for the premature termination of his contract at the graft-busting body.

In 2013 former president Joyce Banda was also entangled in the push for the removal of then ACB director Alexious Nampota. He was written to as having “voluntarily relinquished” his duties, a thing Nampota denied and successfully sued for unfair dismissal. The court awarded him millions of kwacha as well.

The hard earned tax payer has been financing compensations of many public officer illegally fired by authorities. Former president  Banda replaced several other officials who served in the Bingu wa Mutharika regime.

They include Nampota, the then Reserve Bank Governor Perks Ligoya, former Inspector General of Police Peter Mukhito, Secretary to the Treasury Joseph Mwanamvekha, Malawi Broadcasting Corporation (MBC) Director General Bright Malopa and Malawi Revenue Authority Commissioner General Lloyd Muhar now Judge of High Court.

Chief Immigration Officer Elvis Thodi was also booted out about two months before the expiry of his contract.

Clerk of Parliament Matilda Katopola was also removed briefly before she was reinstated to her chagrin and therefore declined to continue on her post and decided to sue government for ‘constructive dismissal’.

Katopola, a trained lawyer, demanded compesaton  to carter for what would have been her salaries, benefits, and retirement package calculated up to 2030 when she would have retired.

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