By Wadza Botomani
President Peter Mutharika has appointed lawyer Gabriel Chembezi as the new head of the Anti-Corruption Bureau, a decision immediately met with questions over its lawfulness.
The announcement was made in a statement dated October 31 from Chief Secretary to the Government, Justin Saidi, stating the appointment was effective immediately.
Critics quickly pointed out that there is no public record of interviews being conducted for the pivotal position. Influential commentator Onjezani Kenani voiced these concerns, stating that while the government’s intention to fight corruption seemed serious, the process appeared not to comply with the law, leading him to conclude the appointment was illegal.
However, the Ministry of Justice has provided clarification, stating that Chembezi’s role is only in an acting capacity. Newly-appointed Attorney General Frank Mbeta explained that the appointment is governed by the Corrupt Practices Act. He outlined that while the President holds the authority to appoint the Director General, it must be done in consultation with Parliament’s Public Appointments Committee for a permanent placement.
Mbeta stated that in a scenario where both the Director General and Deputy Director General posts are vacant, the President is empowered to appoint a suitably qualified person to act for a period not exceeding six months. This suggests the government views the appointment as a temporary measure to fill the vacancy, with Hilary Chilomba, the previous acting DG, having been seconded to the Ministry of Justice. The clarification seeks to reassure the public that proper procedures are being followed amidst the scrutiny.
