Retired Judge, Mwaungulu, slams plane crash inquiry, demands pursuit of criminal and civil culpability
Retired High Court Judge Dunstain Mwaungulu has launched a blistering critique of the Commission of Inquiry into the plane crash that claimed the lives of former Vice President Saulos Chilima and eight others, calling its findings skewed, amateurish, and an attempt to sidestep deeper accountability.
In a statement from the Centre for Law and Policy, Justice Mwaungulu questioned the inquiry’s scope and conclusions, accusing it of preemptively shielding key officials, including the Commander-in-Chief and the Minister of Home Affairs, from necessary scrutiny. He argued that both criminal and civil culpability were apparent from the facts presented and demanded immediate action from the Attorney General and the Ministry of Justice.
“This inquiry failed to address the question of culpability—civil or criminal—and instead rushed to blame the deceased, who cannot defend themselves, and a Principal Secretary who was clearly incompetent in assessing the risks of using a decadent aeroplane,” Mwaungulu stated.
He further criticized the inquiry for minimizing the role of top decision-makers, asserting that the Commander-in-Chief and the Minister responsible for security were the primary causes of the tragedy. According to Mwaungulu, their approval of the use of a substandard aircraft for official duties was reckless and demands accountability.
“The decisions by Chilima, the deceased, and the Principal Secretary should be a footnote in comparison to the culpability of the Commander-in-Chief and the Home Affairs Minister,” he added.
Inquiry Labeled as Preemptive and Inadequate
Justice Mwaungulu took issue with the inquiry’s terms of reference, alleging they were narrowly designed to quell public concerns rather than uncover substantive culpability. He characterized the Commission as ill-equipped to handle an incident of such national significance and warned that its conclusions might have been designed to deflect attention from systemic failures.
“This Commission of Inquiry was, in my judgment, amateurish in handling a national disaster of this magnitude. Its approach preempted the necessary discourse that should follow such a tragedy, particularly on the role of policymakers in allowing the use of an aircraft that posed significant risks,” he asserted.
Mwaungulu’s remarks also pointed to broader institutional failings, including the National Assembly’s oversight lapses, which he argued contributed to the tragedy. He urged Parliament to exercise its constitutional powers to hold those in positions of authority accountable for their role in the ill-fated decision to allow the aircraft’s use.
“The National Assembly must investigate the Commander-in-Chief and policymakers for their role in permitting this unsafe aircraft to be used. This incident underscores a glaring failure in our national preparedness, particularly in security and defense,” Mwaungulu said.
Call for Legal Action
Justice Mwaungulu emphasized that the Attorney General and the Ministry of Justice have an obligation to pursue legal consequences for those responsible. He highlighted that, based on the facts presented in the inquiry report, criminal and civil culpability is not only possible but highly likely.
“This report illuminates the brute fact of culpability. The Attorney General and Ministry of Justice should act decisively. The failure to do so would amount to a dereliction of duty,” he stated.
A National Wake-Up Call
Mwaungulu also questioned the broader implications of the crash for Malawi’s defense readiness. He described the tragedy as a sobering reminder of the country’s lack of preparedness to handle emergencies, adding that if a plane crashes in peacetime, its value in wartime would be negligible.
“If this plane crashed in peacetime, what use would it have been during war? This tragedy exposes severe lapses in our national security and defense strategy,” Mwaungulu argued.
The retired judge’s scathing critique has reignited calls for a more comprehensive investigation and heightened accountability in the wake of the June 10 tragedy. With the spotlight on Malawi’s leadership and institutions, the question remains whether the nation will heed his call for justice and reform.
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The plane was fairly news(technical life,despite years in existence)as had used 3000 hours out of 29,000 hours. Other minor accessories were negectibly unattended too, but doubt if they primarily caused the accident.
What caused the accident was primarily very bad weather and probably human errors. Let’s wait for BFU technical report to comment on plane technical issues.
Report indeed highlights serious administrative shortcomings such as who authorised the plane trip? It seems there was so casual approach to way of doing things.
Accident scene site seemed not to have been properly secured to the extent that condolence money was lost. Do we have evidence money was on the plane or we are assuming?
The report has not said anything about black box(may be I missed it).
I thought commission would have done itself favour if it had answered questions in public domain. It looks like report is skewed to protect some people than furnish all relevant information to the public.
In my view this was an accident that could have been avoided(by returning back).
I also feel COI could have done better.
May rhein souls rest in peace.
One totally disagrees with this Judge Mwaungulu. How does Parliament come in in this plane cash ? And facts are bare – – did the president authorize the use of this particular plane ? To some of us Mwaungulu is addressing the future and not this particular incident. And that should have been his comment in the recommendations. His “judgement” is totally misplaced