Protest-Politics and Culture

There Is No Satan: A Profile of the World’s Greatest Literary Character

2025-11-02T22:03:00.002+02:00

The image is universally understood: a creature in a red suit, with horns, a pointed pitchfork, and a smug grin. He’s the original villain, the cosmic rival to God, the sovereign ruler of a fiery Hell. He is a cinematic fixture, a staple of horror, and the ultimate antagonist in Western moral thought.

But what if the Devil—the all-encompassing, singular force of evil—was the greatest composite character ever written?

The truth is, the figure we call Satan or the Devil is not a single, ancient entity but a creature assembled over thousands of years. He is a patchwork of pagan gods, a celestial prosecutor, a tragic literary hero, and finally, a modern political symbol. He is, in essence, a work of fiction that reflects our own evolving capacity for both good and darkness, serving as a dark mirror for our deepest, most primal fears and repressed desires.

Let’s unpack the evolution of the ultimate adversary.

From Job Title to Cosmic Villain

If you search the original Hebrew scriptures for the king of hell, you won't find him. You won't even find a person named Satan. What you will find is a single, common noun: satan (שָׂטָן). This word is simply a job title, meaning "the adversary," "the accuser," or "the obstacle." It describes a function, not a being with an independent, evil mandate.

In its earliest appearances, this role was often played by God's own agents:

The Obstacle: In the Book of Numbers, the text describes the Angel of the Lord standing in the way of a prophet as an "adversary (satan)" against him. The role is not inherently evil; it is divine obstruction doing God's will, a quality control measure to ensure adherence to divine decree. The figure is accountable to, and directed by, the Almighty.
The Prosecutor: The most famous example is in the Book of Job, where he is called ha-satan or "The Accuser." He is not the king of hell, but a member of the heavenly court, much like a celestial prosecutor who serves to test the sincerity of human faith. His job is to challenge the premise of human piety, operating only with God's explicit permission and within set boundaries. This is an agent serving a dramatic purpose in the divine narrative, not a cosmic rival seeking to usurp God's power.

The concept only began to darken during the Babylonian exile, when Jewish thinkers were exposed to Zoroastrianism and its powerful idea of cosmic dualism—a perpetual war between a good creator (Ahura Mazda) and a purely evil spirit (Angra Mainyu). This dualistic worldview introduced the need for a separate source of evil in order to maintain the purity and omni-benevolence of the Hebrew God. This foreign theological framework began to color how the Adversary was perceived, transforming him from a functionary into an independent, malevolent force.

The Transformation in Christianity

By the time of the New Testament, the Greek word diabolos (meaning "slanderer") is used, and "Satan" becomes a proper name for the ultimate, personal foe:

The Tempter: In the Gospel of Matthew, the Devil is a distinct entity who tempts Jesus in the wilderness, making bargains and quoting scripture. He is the immediate source of temptation, challenging the Messiah directly and demanding worship—a clear elevation from his former role as a celestial civil servant.
The Moral Origin: In the Gospel of John, he gets his grim backstory: the text names him the "murderer from the beginning" and the "father of lies." He has transitioned from a heavenly prosecutor to the cosmic origin of moral evil, making him responsible for humanity's fall and all subsequent deception.
The Apocalyptic Villain: The final transformation occurs in the Book of Revelation. The text merges all prior concepts into one singular, terrifying antagonist:
"And the great dragon was cast out, that old serpent, called the Devil, and Satan, which deceiveth the whole world: he was cast out into the earth, and his angels were cast out with him." This is the text that gives us the "War in Heaven," fusing the chaos monster (Dragon), the figure from Genesis (Serpent), and the cosmic foe (Devil/Satan) into one apocalyptic enemy destined for final destruction.

Iblis: The Islamic Tempter

In Islam, the primary antagonist is Iblis (إِبْلِيس‎). He is crucially not a fallen angel (as angels possess no free will to disobey), but one of the Jinn, beings made of "smokeless fire." His sin was not rebellion for power, but pride (kibr)—a sin against wisdom and divine order.

Surah Al-Baqarah 2:34: "And
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when We said to the angels, 'Prostrate to Adam,' and they prostrated, except for Iblis. He refused and was arrogant and became of the disbelievers."

Iblis believed fire was superior to Adam’s clay. Cast out, he becomes Shaytan (the Tempter). His goal is not to rule hell, but to mislead humanity, tempting them away from gratitude and proving them unworthy of Allah’s favor. Critically, his power is strictly limited to suggestion (waswas). He is a deceiver, but never a rival to God's absolute oneness (Tawhid), and his ultimate fate is also decreed by God.

The Devil's Wardrobe: Building the Look

The popular image—horns, hooves, and a trident—is found nowhere in the scriptural texts. We literally built him from pieces of discarded religious history, creating a visual shorthand for sin.

Horns and Hooves: These were borrowed from Pan . The Greek god of the wild, lust, and shepherds was half-man, half-goat. As Christianity converted Europe, it systematically "demonized" these pagan deities. Pan's association with uncontrollable, carnal nature, sexuality, and the untamed wilderness made his form the perfect vessel for Christian sin, which sought to repress those very urges. His physical attributes were transformed into symbols of spiritual corruption.
The Pitchfork: This is a trident or bident, the staff associated with the Greek sea god Poseidon or, more appropriately, Hades, the ruler of the underworld. The imagery of an underworld king with a pronged staff was a powerful symbol of authority that Christians appropriated, assigning the staff of the old Greco-Roman god of the dead to the new ruler of Hell to assert the supremacy of the Christian narrative over the old gods.

The Devil's personality also shifted dramatically based on literature and culture:

The Prisoner (Dante, c. 1320): In Inferno, Satan is not a fiery king but a grotesque prisoner, frozen in ice at the center of Hell, where all the heat of sin dissipates. He has three faces (a parody of the Trinity) and giant, bat-like wings that create the freezing wind. This Devil represents a physical horror—a monstrous, passive embodiment of evil's ultimate impotence.
The Tragic Hero (Milton, 1667): John Milton’s Paradise Lost reinvented him as the sympathetic Satan. He is beautiful, charismatic, and profoundly eloquent. He is a heroic rebel whose pride leads him to challenge an unshakeable tyrant, giving us the famous line: "Better to reign in Hell, than serve in Heav'n." This Romantic interpretation transformed the Devil from a stupid beast into an intellectual powerhouse, a tragic figure driven by overwhelming ego, and is the true origin of the "sexy" or "suave" devil in modern cinema.

Today's Devil is a mash-up of Pan's body, Hades' staff, Dante's wings, and Milton's sophisticated personality.

Philosophers Declared the Devil Dead

Centuries of philosophy have dismantled the idea of an external evil entity, relocating the source of darkness from a metaphysical being to the human mind and society:

Baruch Spinoza (17th Century): Argued for monism, stating that God and Nature are the same, and God is the only substance. Since everything is part of God, an external evil entity like Satan is a metaphysical impossibility. What we call "evil" is just human perception—a lack of knowledge or understanding—not an independent force that needs defeating.
The Enlightenment (Voltaire): Thinkers of this era saw the Devil as a politically motivated 'bugbear'—a boogeyman invented by organized religion to control the populace through fear. By scaring people with the very real and immediate threat of Hellfire and the Devil's influence, the Church could ensure social obedience and sell the ultimate product: salvation. The Devil was a tool of social engineering.
Friedrich Nietzsche (19th Century): Argued that the Devil, like God, was a human invention stemming from a "slave morality." He saw the "Devil" as a convenient label the "weak" used to demonize everything they secretly envied: strength, pride, passion, and intellect. For Nietzsche, the Devil symbolically represented the suppressed Will to Power that organized religion sought to crush.
Carl Jung (20th Century): Re-framed the Devil as a psychological archetype: "The Shadow." The Devil is a projection of the dark, unacknowledged, and repressed part of our own psyche—our capacity for evil, our selfish desires, and our primal instincts. Jungian psychology suggests that personal integration requires confronting and accepting this inner "Devil," recognizing that we didn't just invent him; we are him.

Modern Satanism: The Ultimate Troll

Perhaps the most fascinating twist is modern Satanism. Organizations like the Church of Satan and The Satanic Temple are overwhelmingly atheistic and non-supernatural. They do not worship a supernatural Devil; they use him as a powerful, transgressive symbol.

The Church of Satan (Anton LaVey, 1966) uses Satan as the ultimate symbol of rebellion, individualism, and rational self-interest. They view him as a literary patron of earthly life and pleasure, standing in contrast to the ascetic and self-denying image of Christianity. Their use of Baphomet and pentagrams is a deliberate form of blasphemous theater, designed to shock and challenge the dominant taboos of Christian society and act as an ideological "troll" exposing moral hypocrisy.
The Satanic Temple (TST) perfects this concept through political activism rooted in the defense of civil liberties and secularism. They are a humanistic organization whose mission is based on Seven Tenets emphasizing compassion, empathy, and reason. Their 'trolling' is brilliant because they use religious freedom laws against theocratic government creep. For example, if a state government erects a Ten Commandments monument on public land, TST will sue for the right to erect their seven-foot-tall statue of Baphomet next to it.

Here is the key: They don't actually want their statue to be displayed. Their goal is to expose hypocrisy and force the government into a choice: either allow all religions to be represented (true pluralism) or allow none (secularism). By using Satan, the ultimate "other," they masterfully weaponize irony and legal process, turning the Devil into the ultimate symbol of legal and political satire.

Conclusion

The Devil has worn many masks throughout history: a heavenly prosecutor, a goat-legged god, a terrifying monster, a tragic hero, and a sharp-dressed political activist.

He is not a singular being, but a dark mirror reflecting humanity's evolving ideas about sin, rebellion, and authority. He embodies the forces we have repressed, the impulses we deny, and the moral boundaries we impose.

Maybe the greatest trick the Devil ever pulled wasn't convincing the world he existed, but convincing us he was ever just one thing.

'Malawi's New Cabinet Is full of Crooks' - Common Sense

2025-10-30T22:25:00.001+02:00

Here is the full list of official appointments as constituted by His Excellency Professor Arthur Peter Mutharika:

President and Commander In-chief of the Malawi Armed Forces His Excellency Professor Arthur Peter Mutharika
First Vice President Right Honourable Dr. Jane Ansah, SC, JA Rtd.
Second Vice President Right Honourable Enoch Kamzingeni Chihana
Minister of State Honourable Alfred Ruwan Gangata
Minister of Finance, Economic Planning and Decentralisation Honourable Joseph Mwanamvekha, MP
Minister of Agriculture, Irrigation and Water Development Honourable Roza Mbilizi Fachi, MP
Minister of Education, Science and Technology Honourable Bright Msaka, SC
Minister of Justice and Constitutional Affairs Honourable Charles Mhango
Minister of Foreign Affairs and International Cooperation Honourable George T. Chaponda, MP
Minister of Health and Sanitation Honourable Madalitso Baloyi, MP
Minister of Local Government and Rural Development Honourable Ben Malunga Phiri, MP
Minister of Industrialisation, Business, Trade and Tourism Honourable George Patridge
Minister of Transport and Public Works Honourable Feston Kaupa, MP
Minister of Homeland Security Honourable Peter Mukhito
Minister of Gender, Children, Disability and Social Welfare Honourable Mary Navicha, MP
Minister of Natural Resources, Energy and Mining Honourable Jean Mathanga, MP
Minister of Lands, Housing and Urban Development Honourable Jappie Mhango, MP
Minister of Labour Skills and Innovation Honourable Joel Chigona, MP
Minister of Youth, Sports and Culture Honourable Patricia Wiskies, MP
Minister of Information and Communications Technology Honourable Shadrick Namalomba, MP
Deputy Minister of Health and Sanitation Honourable Chimwemwe Chipungu, MP
Deputy Minister of Homeland Security (Operations) Honourable Norman Chisale, MP.
Deputy Minister of Gender, Children, Disability and Social Welfare Honourable Martha Ngwira, MP.
Deputy Minister of Education, Science and Technology Honourable Francis Foley, MP.
At least 10 individuals on this list have been investigated by Malawi's Anti-Corruption Bureau (ACB) or police, or have faced criminal court proceedings.
Here is a breakdown of the individuals for whom public reports of arrests, investigations, or court cases were found:
- Arthur Peter Mutharika: The ACB was set to interview him in July 2021 as part of an investigation into the alleged abuse of his Taxpayer Identification Number (TPIN).
- Enoch Kamzingeni Chihana: Arrested by the ACB in August 2021 on charges of conspiracy to influence a public officer to abuse her office.
- Alfred Ruwan Gangata: Arrested by the Malawi Revenue Authority (MRA) in January 2025 on allegations of forgery and was set to appear in court.
- Joseph Mwanamvekha: Arrested by the ACB in August 2022 on suspicion of abuse of office. He was also arrested by police in December 2021 on charges of abuse of office and fraud.
- George T. Chaponda: Fired as Agriculture Minister in 2017 after the ACB found large amounts of cash at his home during the "Maizegate" scandal. He was arrested and faced charges including abuse of public office and corruption.
- Ben Malunga Phiri: Arrested by police in December 2021 in connection with corruption issues at the Ministry of Gender. Reports from 2017 also stated he was under investigation for matters at the Roads Authority.
- Jean Mathanga: As of April 2025, she was a defendant in a High Court (Financial Crimes Division) case brought by the ACB, accused of giving false information and flouting procurement procedures at Escom.
- Jappie Mhango: Arrested by the ACB in June 2025 and formally charged with misuse of public office and providing false information to the bureau.
- Shadrick Namalomba: Arrested by the ACB in July 2025 for alleged abuse of office and conspiracy related to the illegal exportation of hardwood logs.
- Norman Chisale: Has faced multiple court cases. As of February 2024, he was on trial for allegedly intimidating government officers, including the ACB's deputy director. He also has had his bank accounts frozen due to other criminal and civil cases.
Other Individuals
It is important to note that some individuals on the list have appeared in court for civil or administrative matters, which are separate from criminal investigations:
- Jane Ansah: As chairperson of the Malawi Electoral Commission, she faced widespread protests after the 2019 election. The High Court and Supreme Court found the commission she led was negligent, but this was a finding on the commission's conduct in the election appeal, not a personal criminal charge against her from the ACB or police.
- Roza Mbilizi Fachi: Was involved in a High Court civil case in 2025 regarding an electoral dispute over the name she could use on the ballot.
- George Patridge: Was an applicant in an Industrial Relations Court case for unlawful dismissal from a previous job.
- Feston Kaupa: Was the subject of a 2021 Ombudsman report which found "maladministration" in a recruitment process at the Central Medical Stores Trust, but this was not a criminal case.

Chilima Reforms Infographic

2025-10-26T15:59:00.000+02:00

Malawi Public Service Systems Reforms - Key Findings & Recommendations

Malawi Public Service Systems Reforms

Key Findings and Recommendations from the May 2021 Taskforce Report

Introduction: A System in Need of Overhaul

In February 2021, a Presidential Taskforce began a comprehensive review of Malawi's public service systems. The goal: reform allowances, employment contracts, procurement, conditions of service, and the overall structure to enhance efficiency, curb waste, and align the service with the national Malawi 2063 vision.

The Taskforce's stark conclusion: Endemic abuses were found across the board, with most control systems having collapsed, necessitating urgent and fundamental reforms.

1. Allowances: Rampant Abuse and Inequality

Allowances represent a significant portion of government expenditure, totaling MK 79 Billion in the 2019/20 financial year. Despite a 'clean wage' policy intended to consolidate pay, numerous allowances persist, creating unfairness. The system is plagued by widespread abuse, particularly concerning travel.

MK 33.7 Bn

Spent on Subsistence Allowances (2019/20)

(vs MK 27.4 Bn Approved)

Subsistence allowances, especially for local travel, are the most abused category, significantly exceeding budgeted amounts. Billions are lost annually through fraudulent claims.

Only 1.5%

of Audit Queries Resolved (2017-2020)

(Out of 908 internal audit queries)

A critical failure of accountability: the vast majority of identified irregularities, representing potentially billions in losses (like MK 7.08 Bn in 'illegal allowances' from 2010-19 NAO samples), are never acted upon.

Key Recommendations for Allowances:

Implement Full-Board Travel: Replace cash Daily Subsistence Allowance with direct hotel payments for accommodation and meals for local travel.
Standardize External Travel: Use destination-based rates (like United Nations), eliminate ad-hoc increases, enforce delegation limits.
Eliminate Unjustified Allowances: Abolish sitting allowances for Members of Parliament/Staff (double pay) and health worker 'Risk Allowance' (already covered by Top-up). Use annual honoraria for Parastatal Boards.
Enforce Accountability: Mandate swift action on all audit queries with sanctions for non-compliance. Empower Treasury to surcharge liable officers. Implement rigorous performance appraisals.

2. Employment Contracts: Inconsistency and Irregularities

The legal framework governing employment contracts is outdated and inconsistent, particularly between the main civil service and parastatals. Enforcement is weak, leading to numerous irregularities that undermine meritocracy and fairness.

Major Problems Identified:

Legal Conflicts & Outdated Laws: Public Service Act clashes with Parastatal Acts on hiring authority; Malawi Public Service Regulations (1991) are obsolete.
"Back-Door Entry": Political appointees (like Personal Assistants, non-career diplomats) absorbed into permanent civil service roles upon contract expiry.
Flouted Procedures: Recruitment of unqualified individuals, appointments made without interviews or competition, exercising powers ultra vires (beyond legal authority).
Political Interference: Cronyism and favouritism influencing hiring and promotions.
"Warehousing": Staff deployed but given no duties while still receiving full pay.

Key Recommendations for Contracts:

Harmonize Legal Framework: Update and align the Public Service Act, Malawi Public Service Regulations, and Parastatal Acts. Ensure correct hiring authority is used.
Stop Absorption: Political appointees' contracts must end with their principal's term; no transition to permanent roles.
Terminate Irregular Contracts: Immediately remove staff hired without proper qualifications, procedures, or those absorbed politically.
End "Warehousing": Use formal disciplinary or redundancy processes for unassigned staff.
Establish Clear Guidelines: Develop rules for diplomat selection, gender quota implementation, hiring rare skills, and staff redeployment.
Merit-Based System: Enforce competitive selection for appointments and promotions (role for proposed Public Service Commission).

3. Conditions of Service: Glaring Disparities and Waste

Conditions of service vary dramatically across the public sector, creating significant inequity. The civil service lags far behind parastatals in pay and benefits, while certain entitlements represent considerable wastage of public funds.

Salary Inequity

Huge gaps exist. Civil Service Directors earn salaries comparable to Secretaries in some high-paying parastatals. Principal Secretaries often earn less than the Chief Executive Officers they supervise.

Pay vs. Basic Needs

Lowest paid civil servants (Grade R) earn only ~38.5% (MK 115,521) of the estimated basic needs basket (MK ~300,000 gross). This impacts morale and potentially fuels corruption.

MK 5.89 Bn

Annual Cost of Executive School Fees

Parastatal executives receive 100% private school fees for up to 2 children, a benefit unavailable in the civil service, costing billions annually.

MK 46-50 Bn

Potential 5-Year Savings on Vehicle Purchases

Downgrading vehicle types (e.g., from Prado 3500cc) and introducing loan schemes instead of direct provision could save massively.

Key Recommendations for Conditions:

Rationalize & Harmonize Pay: Bridge the gap between civil service and parastatals. Raise lowest salaries towards the basic needs level (phased). Freeze pay in top-tier parastatals.
Revise Vehicle/Fuel Entitlements: Significantly downgrade vehicle types for senior grades (e.g., 2500cc max). Introduce ownership loan schemes. Reduce fuel allocations. Extend disposal timelines.
Abolish School Fees Benefit: Eliminate this costly and inequitable perk for executives.
Strengthen Systems: Enforce performance management. Improve disciplinary procedures. Revive staff loan schemes.
Expand Medical Cover: Progressively roll out contributory medical insurance to all civil service grades.

4. Procurement: A System Riddled with Malfeasance

Malawi's public procurement system, largely manual and paper-based, lacks transparency and is vulnerable to abuse at every stage. This results in significant financial losses, poor value for money, and substandard goods and services.

Common Issues in the Procurement Cycle:

Planning: Poor planning, bid slicing (breaking large contracts to avoid scrutiny), under-budgeting.

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Bidding Documents: Specifications tailored to favour specific suppliers, stifling competition.

⬇️

Advertising/Submission: Insufficient time, limited publicity, prohibitive document fees, accepting late bids, insecure bid handling.

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Evaluation: Criteria manipulated post-bid, political interference, bribery influencing decisions.

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Award: 'Lowest evaluated bid' leads to poor quality; contracts awarded despite poor past performance; collusion. Overpricing is rampant (e.g., >1000% markups seen).

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Contract Management: Accepting substandard goods/works, unreasonable variations, delayed payments causing cost escalations, collusion with engineers, payment without delivery.

Key Recommendations for Procurement:

Implement e-Procurement Urgently: Digitize the entire process nationwide for transparency and efficiency.
Improve Award Criteria: Mandate 'past performance' evaluation. Use 'most economically advantageous bid' for complex projects.
Combat Fraud & Overpricing: Require beneficial ownership disclosure. Use market price indexes. Terminate problematic framework agreements (e.g., PHAMAM). Sanction collusion.
Streamline Approvals & Boost Capacity: Remove redundant administrative vetting (Office of the President and Cabinet after Public Procurement and Disposal Authority). Clarify Anti-Corruption Bureau role. Upgrade procurement roles in Ministries, Departments and Agencies. Fill Public Procurement and Disposal Authority vacancies.
Increase Accountability: Hold consulting engineers liable. Enforce strict sanctions (debarment, surcharge) for all misconduct. Intensify monitoring.

5. Restructuring the Public Service: Addressing Foundational Issues

Fundamental structural issues, including unclear legal definitions, conflicting roles, lack of institutional limits, slow devolution, and weak State-Owned Enterprise governance, undermine the effectiveness and accountability of the entire public service.

Structural Weaknesses:

Ambiguous Definitions: Lack of clear legal distinction between "State" and "Government", unclear scope of "Public Service".
Conflicting Headship: Secretary to the President and Cabinet role over entire Public Service conflicts with Constitution & Separation of Powers.
Lack of Limits: No constitutional caps on number of Ministries, constituencies, or senior Judges.
Inefficiency: Duplication of functions, institutional instability, slow and partial devolution of powers to local government.
Weak State-Owned Enterprise Governance: Department of Statutory Corporations relevance questioned; inconsistent board structures; Reserve Bank of Malawi lacks sufficient oversight.
Political Interference: Blurred roles between Ministers (political direction) and Principal Secretaries (administration/implementation).

Key Recommendations for Restructuring:

Constitutional/Legal Reforms: Clearly define "Government" & "Public Service". Establish an independent **Public Service Commission** to oversee harmonization, appointments, conditions across the *entire* service. Define Secretary to the President and Cabinet as Head of **Civil Service only**.
Set Limits: Introduce constitutional limits (e.g., max 21 Ministries, 200 Constituencies, 9 Supreme Court Judges). Standardize structures. Conduct functional review.
Fast-Track Devolution: Fully empower local authorities with functions, funding, assets, and Human Resource management.
Overhaul State-Owned Enterprise Governance: Review Department of Statutory Corporations. Standardize board appointments (competitive, independent chairs). Improve Reserve Bank of Malawi accountability.
Clarify Roles: Legally define Minister's role (policy/oversight) vs. Principal Secretary's role (Chief Executive Officer for implementation/management).
System of Government Review: Hold referendum on hybrid system issues (e.g., Ministers as Members of Parliament).

Conclusion: A Call for Committed Action

The report proposes **radical, systemic changes** necessary to address the deep-seated dysfunction observed across Malawi's public service, affecting areas from daily allowances and procurement practices to employment conditions and the very structure of government. The success of these reforms hinges critically on several interconnected factors:

Strong Political Will: This requires unwavering commitment from the highest levels of all three branches of government – the Executive, Legislature, and Judiciary. Leadership must set the example, accepting potential reductions in benefits (such as the proposed downgrading of vehicle entitlements for senior officials from 3500cc Prados to 2500cc vehicles) and consistently enforcing sanctions against misconduct, even when politically sensitive. The recommendation to introduce performance appraisals for the Secretary to the President and Cabinet and even public participation in Ministerial appraisals underscores this need for top-down accountability.
Comprehensive Legal Reforms: The foundation of the current dysfunction lies partly in outdated and inconsistent legislation (like the 1991 Malawi Public Service Regulations). Implementing the recommendations necessitates significant legal changes, including amending the Constitution (to clarify definitions, establish the Public Service Commission, set limits on government size), updating the Public Service Act, amending the Public Finance Management Act (e.g., to empower the Treasury to surcharge officials for losses like the MK 7.08 billion in 'illegal allowances' noted), and harmonizing various Parastatal Acts. Without these legal underpinnings, reforms lack authority and enforceability.
Improved Economic Performance Funded by Reduced Wastage: The report highlights billions lost through abuses – for instance, the Malawi Kwacha 7.08 billion in 'illegal allowances' noted in National Audit Office reports between 2010-2019, the estimated Malawi Kwacha 5.89 billion annual cost of executive school fees, or the potential Malawi Kwacha 46-50 billion in vehicle purchase savings over five years. Successfully curbing this wastage (where only 1.5% of internal audit queries were resolved) is not just an ethical imperative but an economic one. These recovered funds are essential to finance critical reforms like raising civil service salaries (e.g., Grade R from MK 115k towards the MK 300k basic needs level) and improving public services, creating a virtuous cycle.
Buy-in from Public Servants and the Citizenry: Lasting change requires acceptance and participation. Clear communication is needed to explain *why* these reforms are vital, linking abuses directly to poor service delivery. Engaging unions, civil society, and media in monitoring can build trust. Fostering a culture change through ethics training and promoting national values is crucial for embedding integrity long-term.

Ultimately, addressing these weaknesses requires a coordinated, persistent effort. It demands confronting entrenched interests, overhauling outdated systems, and committing to transparency and accountability, demonstrating that ethical governance and efficient public service are the cornerstones for achieving the Malawi 2063 vision.

CHILIMA REFORMS: Detailed Summary: Review of Malawi Public Service Systems Report

2025-10-26T15:21:00.001+02:00

Introduction

On February 19, 2021, President Lazarus McCarthy Chakwera appointed a Special Taskforce, chaired by Vice President Saulos Klaus Chilima, to review Malawi's public service systems focusing on allowances, procurement, and employment contracts. The goal was to recommend reforms for greater efficiency, effectiveness, and integrity, supporting the Malawi 2063 vision. The Taskforce also reviewed conditions of service and the overall structure of the public service.

Overall Observations

The Taskforce identified endemic abuses across allowances, procurement, and employment contracts, concluding that most control measures against wastage and abuse had collapsed. Key weaknesses included: Legal/Policy: Outdated, inadequate, and inconsistent laws (e.g., Public Service Act 1994, Malawi Public Service Regulations 1991). Systems/Procedures: Non-adherence, weak enforcement of rules and sanctions, lack of rewards for compliance. Human Capacity: Poor selection/deployment, lack of knowledge, ignoring procedures (like audit queries), weak performance management. Structures: Uncoordinated oversight, lack of a national body for harmonizing conditions, slow/partial devolution. ICT: Underutilization of Integrated Financial Management Information System, reliance on manual processes (allowances, procurement). Ethics: Moral decay, poor discipline, lack of integrity across the service. Equity: Remuneration disparities violating the principle of equal pay for work of equal value.

Key Findings and Recommendations by Area

1. Allowances Problem: Allowances constitute a large part of the budget (Malawi Kwacha 79 Billion in 2019/20). Despite a 'clean wage' policy (2004), numerous allowances have created inequalities. Abuse is rampant, especially with subsistence allowances (Malawi Kwacha 33.7 Billion spent vs Malawi Kwacha 27.4 Billion approved in 2019/20). Billions lost through fraudulent claims (false travel, unauthorized activities, overlapping claims, unsigned receipts). Audit queries are largely ignored (only 1.5% of 908 internal audit queries resolved 2017-2020). Sitting allowances for Members of Parliament/staff amount to double payment for core duties. Parastatal board sitting allowances incentivize unnecessary meetings. Health worker 'Risk Allowance' is a double payment given existing 'Top-Up Allowance'.

Recommendations:

Local Travel: Implement a mandatory full-board system (direct payment to hotels) progressively from July 2021, replacing cash Daily Subsistence Allowance. Department of Human Resource Management and Development to negotiate government rates. Enforce 30-day payment of hotel invoices. Abolish illegal meal allowances for in-station meetings. External Travel: Abolish ad-hoc rate increases. Standardize rates based on destination costs (United Nations model) and make them uniform regardless of grade. Enforce limits on delegation size/duration. Strictly prohibit 'top-up' allowances for fully-funded trips. Sitting Allowances: Eliminate for Members of Parliament and Parliamentary staff. Replace per-meeting sitting allowances for Parastatal Boards with annual honoraria (paid quarterly). Stop Transport & Travel allowances for Ex-Officio board members using government vehicles/fuel. Parliament to budget for its own oversight visits, not rely on parastatals. Risk Allowance: Eliminate entirely. Address genuine profession-specific needs through conditions of service reviews. Accountability: Mandate immediate action on all outstanding audit queries by Controlling Officers within 30 days, with sanctions enforced by the Secretary to the President and Cabinet. Empower the Secretary to the Treasury (through Public Finance Management Act amendment) to surcharge officers personally liable for financial losses. Revive independent Audit Committees. Make action on audits a key performance indicator for Controlling Officers and the Secretary to the President and Cabinet. Appoint a permanent Auditor General immediately.

2. Employment Contracts

Problem: Conflicts exist between the Public Service Act (Presidential appointment powers for Grade E+) and specific Parastatal Acts regarding hiring authority. Malawi Public Service Regulations (1991) is outdated. Poor enforcement of existing laws prevails. Political appointees (Personal Assistants, non-career diplomats) are often absorbed into the permanent civil service ("back-door entry"), demoralizing staff and politicizing the service. Some appointees are arbitrarily given higher grades without following procedures. Unqualified candidates are sometimes recruited, and procedures are flouted (ultra vires appointments, skipping interviews). Political influence, cronyism, and corruption affect recruitment. The practice of "warehousing" (deploying staff without assigning functions but paying them) exists. Recommendations: Legal Framework: Review and harmonize the Public Service Act, Malawi Public Service Regulations, and Parastatal Acts. Appointments in parastatals must follow their specific Act unless explicitly stated otherwise. Develop clear guidelines for Grade E+ recruitment. Political Appointees: Must not transition into the permanent civil service. Their contract length should align with their principal's term of office. Develop clear guidelines for implementing gender quotas (40/60) and hiring 'rare skills'. Irregularities: Terminate all irregular contracts (unqualified, unprocedural hires, political absorptions, post-retirement hires without approval) by June 2021. End "warehousing" immediately; use proper disciplinary or redundancy procedures. Resolve cases of redeployed officers within 3 months. Diplomats: Develop clear Malawi Public Service Regulations guidelines on eligibility, recruitment, and selection, aligning placements with foreign policy goals. Oversight: Establish a National Remuneration Directorate (under the recommended Public Service Commission) to harmonize pay/benefits across the entire public service. Conduct Human Resource audits across the service and act on findings.

3. Conditions of Service

Problem: Huge salary disparities exist, with the civil service paid significantly less than parastatals, violating 'equal pay for equal value'. Lowest civil service grades earn far below the basic needs basket (Grade R 61.5% below). Excessive vehicle (3500cc Prado for Grade C+) and fuel (500L/month) entitlements create massive costs (Malawi Kwacha 36.6 Billion purchase cost, Malawi Kwacha 4.07 Billion/year fuel) and wastage. Parastatals abuse vehicle disposal policies. Parastatal executives receive generous private school fees benefits, unavailable in the civil service. Performance management systems are largely dysfunctional and not linked to rewards/sanctions. Discipline has eroded due to poor enforcement and outdated regulations. Staff welfare systems (e.g., loan schemes) have collapsed.

Recommendations:

Salaries: Rationalize and harmonize across the public service. Raise lowest civil service pay towards the basic needs basket (phased, potentially using non-taxable housing/transport allowances). Freeze salaries in highest-paying parastatals. Review salaries against cost of living quarterly (via Public Service Commission). Ensure salaries are within approved scales (investigate Electricity Generation Company case). Vehicles/Fuel: Downgrade vehicle entitlements (e.g., Grade C to 2500cc like RAV4). Introduce a vehicle ownership loan scheme for Grade D and potentially lower grades. Reduce the number of vehicles for Ministers/Deputies/Grades A&B. Extend vehicle disposal period or increase buy-out price. Standardize fuel allowances. School Fees: Abolish the benefit entirely for executives in all public institutions (except diplomats posted abroad during their tour and transition period). Let current contracts expire. Systems: Enforce Performance Management rigorously, linking it to rewards/sanctions. Make it a key deliverable for Controlling Officers. Revamp disciplinary processes with clear manuals and strengthened committees. Re-establish staff welfare loan schemes (emergency, vehicle). Develop comprehensive welfare policies (health, work-life balance). Medical Scheme: Progressively roll out contributory medical cover to ALL civil servants, starting immediately with Grade I.

4. Procurement

Problem: The manual, paper-based system lacks transparency, enabling widespread malfeasance (fraud, corruption, collusion). Flawed processes include poor planning (bid slicing, under-budgeting), specifications tailored to favour suppliers, manipulation of evaluation criteria, abuse of single-sourcing, political interference, and awarding contracts to known poor performers. The 'lowest evaluated bid' principle often results in poor quality or abandoned projects. Government pays massively inflated prices. Multiple, confusing approval points (statutory: Public Procurement and Disposal Authority, Anti-Corruption Bureau; administrative: Office of the President and Cabinet, Government Contracting Unit, Ministry of Justice) cause delays and undermine Public Procurement and Disposal Authority's authority. Public Procurement and Disposal Authority lacks capacity (high vacancy rate). Consulting engineers lack accountability and sometimes collude with contractors. Framework agreements (e.g., Pharmaceutical Manufacturers Association of Malawi Memorandum of Understanding) lead to exorbitant prices. Preferential procurement rules lack clarity.

Recommendations:

Digitization: Expedite rollout of e-Procurement system nationwide, including e-marketplaces for price comparison. Awarding Criteria: Mandate inclusion of past performance. Replace 'lowest evaluated bid' with 'most economically advantageous bid' for complex procurements. Combat Malfeasance: Require disclosure of beneficial owners. Link Public Procurement and Disposal Authority/Registrar General/Malawi Revenue Authority systems. Develop and enforce use of market price indexes. Sanction collusion and overpricing. Terminate the Pharmaceutical Manufacturers Association of Malawi Memorandum of Understanding immediately; use open competition with standard preference margins. Capacity & Planning: Upgrade procurement roles/grades within Ministries, Departments and Agencies. Fill all Public Procurement and Disposal Authority vacancies urgently. Enforce procurement planning aligned with budgets and the Public Sector Investment Programme. Ensure projects only start with full funding identified. Streamline Approvals: Remove administrative vetting layers (Office of the President and Cabinet, Government Contracting Unit role limited to contract support). Clarify Anti-Corruption Bureau's vetting role to avoid conflict with investigations. Resource Government Contracting Unit adequately for contract management support only. Withdraw circulars mandating specific suppliers/brands (e.g., Prado). Accountability: Hold consulting engineers professionally liable for substandard work (joint debarment with contractors). Public Procurement and Disposal Authority/National Construction Industry Council to regulate them better. Enforce strict sanctions (debarment, surcharge, prosecution) against officials and suppliers for misconduct. Intensify Public Procurement and Disposal Authority monitoring and post-reviews.

5. Restructuring the Public Service

Problem: Lack of clear constitutional/legal definitions ("Government", "Public Service"). Secretary to the President and Cabinet's role as Head of the entire Public Service conflicts with the Constitution (only mentions Secretary to Cabinet) and Separation of Powers. No constitutional limits on the number of ministries, constituencies, or senior judges, leading to potential bloat and instability. Duplication and fragmentation of functions exist. Devolution is slow and incomplete. Governance of State-Owned Enterprises is weak (Department of Statutory Corporations relevance questioned, Reserve Bank of Malawi operates with excessive independence, inconsistent board structures). Political interference blurs lines between Ministers' policy/oversight roles and Principal Secretaries' administrative/implementation roles.

Recommendations:

Constitutional/Legal Clarity: Amend Constitution to clearly define "Government" and "Public Service". Establish an independent, overarching Public Service Commission responsible for harmonizing grading, remuneration, conditions, appointments, and discipline across the entire public service. Define Secretary to the President and Cabinet constitutionally as Head of the Civil Service only. Structure & Size: Introduce constitutional limits on the number of ministries (max 21 recommended), constituencies (max 200), and senior judges. Standardize definitions of ministry/department/division structures. Conduct a comprehensive functional review to eliminate duplication and align structure with Malawi 2063. System of Government: Hold a national conference and referendum to decide on the optimal system (presidential, parliamentary, hybrid) to address issues like Ministers serving as Members of Parliament. Stop assigning sitting judges to executive roles. Devolution: Fast-track complete devolution of functions, funding, assets, and Human Resource management to local authorities, making them the primary service delivery points. Central government to focus on policy, standards, Monitoring and Evaluation, and resource mobilization. State-Owned Enterprise Governance: Review the relevance of Department of Statutory Corporations. Standardize board appointments (competitive selection, independent chairs). Improve Reserve Bank of Malawi accountability (remove Public Finance Management Act exemption, review governance structure). Ensure all State-Owned Enterprises adhere to public finance laws. Roles: Amend Constitution/Public Service Act to clearly delineate Minister's role (policy formulation, direction, oversight) from Principal Secretary's role (chief executive: advising minister, implementation, day-to-day management).

Conclusion

The report proposes radical, systemic changes necessary to address the deep-seated dysfunction observed across Malawi's public service, affecting areas from daily allowances and procurement practices to employment conditions and the very structure of government. The success of these reforms hinges critically on several interconnected factors: Strong Political Will: This requires unwavering commitment from the highest levels of all three branches of government – the Executive, Legislature, and Judiciary. Leadership must set the example, accepting potential reductions in benefits (such as the proposed downgrading of vehicle entitlements for senior officials) and consistently enforcing sanctions against misconduct, even when politically sensitive. The recommendation to introduce performance appraisals for the Secretary to the President and Cabinet and even public participation in Ministerial appraisals underscores this need for top-down accountability. Comprehensive Legal Reforms: The foundation of the current dysfunction lies partly in outdated and inconsistent legislation. Implementing the recommendations necessitates significant legal changes, including amending the Constitution (to clarify definitions, establish the Public Service Commission, set limits on government size), updating the Public Service Act and Malawi Public Service Regulations, amending the Public Finance Management Act (e.g., to empower the Treasury to surcharge officials for losses), and harmonizing various Parastatal Acts. Without these legal underpinnings, reforms lack authority and enforceability. Improved Economic Performance Funded by Reduced Wastage: The report highlights billions lost through abuses – for instance, the Malawi Kwacha 7.08 billion in 'illegal allowances' noted in National Audit Office reports between 2010-2019, the estimated Malawi Kwacha 5.89 billion annual cost of executive school fees, or the potential Malawi Kwacha 46-50 billion in vehicle purchase savings over five years. Successfully curbing this wastage is not just an ethical imperative but an economic one. These recovered funds are essential to finance critical reforms like raising civil service salaries towards the basic needs basket and improving the provision of public services, thereby creating a virtuous cycle where better conditions reduce incentives for corruption. Buy-in from Public Servants and the Citizenry: Lasting change requires acceptance and participation from those within the system and those it serves. Clear, consistent communication is needed to explain why these reforms are vital, linking the identified abuses directly to poor service delivery and economic stagnation. Engaging public service unions, civil society organizations, and the media in monitoring implementation can build trust. Furthermore, fostering a culture change, as recommended through initiatives on ethics training in schools and the public service and identifying national champions for values, is crucial for embedding integrity long-term. Ultimately, addressing the identified weaknesses requires a coordinated, persistent effort across all these fronts. It demands confronting entrenched interests, overhauling outdated systems, and committing to transparency and accountability, demonstrating that ethical governance and efficient public service are the cornerstones for achieving the Malawi 2063 vision.

Bungu Wa Mutharika Commission of Inquiry

2025-01-31T17:40:00.001+02:00

format this:

"REPORT

OFTHE

COMMISSIONOFINQUIRY

INTOCIRCUMSTANCESOFTHEDEATH

OFTHELATEPRESIDENT

NGWAZIPROF.BINGUWAMUTHARIKA

ANDINTOTHEPOLITICALTRANSITION

FOLLOWINGHISDEATH

TABLEOFCONTENTS

LETTERTOTHEPRESIDENT .. .. .. .. .. v

LISTOFCOMMISSIONERSANDSECRETARIAT .. .. .. vii

LISTOFABBREVIATIONS .. .. .. .. .. vii

LISTOFAPPENDICES .. .. .. .. .. viii

ACKNOWLEDGEMENTS .. .. .. .. .. ix

EXECUTIVESUMMARY .. .. .. .. .. x

CHAPTER1

INTRODUCTION

1.1 SCOPEOFTHEREPORT .. .. .. .. .. 1

1.2 BACKGROUND .. .. .. .. .. .. 1

1.3 ISSUESARISINGFROMTHEDEATHOFTHEPRESIDENT .. 5

1.4 APPOINTMENTOFTHECOMMISSIONOFINQUIRY.. .. 7

1.5 TERMSOFREFERENCEOFTHECOMMISSION .. .. 8

1.6 METHODOLOGYANDWORKPLAN.. .. .. .. 8

CHAPTER2

EVIDENCETAKENREGARDINGTHEDEATHOFTHEPRESIDENT

2.1 MEDICAL ATTENTION AVAILABLE TO THE LATE PRESIDENT

IMMEDIATELYPRECEDINGHISDEATH.. .. .. . 9

2.2 EVENTSATSTATEHOUSEONTHE5thOFAPRIL2012. .. .. 10

2.2.1 ThePresident’sAppointmentsfortheDay .. .. .. 11

2.2.2 AppointmentWithHon.Mrs.AgnesPenemulungu,MP. .. .. 12

2.2.3 ThePresident’sCollapse .. .. .. .. .. 13

2.2.4 ImmediateResponsetotheCollapseofthePresident .. .. 14

2.2.5 ReferraltoKamuzuCentralHospital .. .. .. .. 15

2.2.6 ArrivalandReceptionatKamuzuCentralHospital .. .. 16

2.2.7 AdmissionandTreatmentintheICU .. .. .. .. 17

2.2.8 ArrivalofAirAmbulanceDoctorsandPreparationsforDeparture .. 22

2.2.9 DeparturefortheAirport .. .. .. .. .. 23

2.2.10EventsattheKamuzuInternationalAirport .. .. .. 23

2.2.11HospitalRecordsRegardingtheLatePresidentattheKamuzuCentral

Hospital .. .. .. .. .. .. .. .. 25

2.2.12StateHousePressReleaseOnthePresident’sIllness .. .. 26

2.3 EVENTSINSOUTHAFRICA.. .. .. .. .. 26

2.3.1 HiringofAirAmbulance .. .. .. .. .. 26

2.3.2 ArrivaloftheAirAmbulanceinSouthAfrica .. .. .. 27

2.3.3 SouthAfricanGovernmentAssistance .. .. .. .. 27

2.3.4 PreparationsforPostmortemandEmbalming .. .. .. 28

2.3.5 ThePostmortem.. .. .. .. .. .. .. 29

2.3.6 EmbalmingoftheBody.. .. .. .. .. .. 30

2.3.7 Prayers .. .. .. .. .. .. .. .. 30

2.4 ARRIVALOFTHEBODYINMALAWIANDBURIAL.. .. 31

2.4.1 ArrivaloftheBody .. .. .. .. .. .. 31

2.4.2 ConditionoftheBodyPriortoViewingatStateHouse .. .. 31

2.4.3ViewingbytheGeneralPublic .. .. .. .. .. 32

2.4.4DateofDeathontheCrossAccompanyingtheBody .. .. 32

2.4.5BurialoftheLatePresident .. .. .. .. .. 33

CHAPTER3

EVIDENCETAKENREGARDINGISSUESOFTRANSITIONOFSTATE

POWER

3.1 EVENTSON5thAPRIL,2012 .. .. .. .. 34

3.1.1DiscussionsatKamuzuCentralHospital.. .. .. .. 34

3.1.2MeetingBetweentheChiefSecretaryandtheAttorneyGeneral .. 35

3.1.3CallfromtheChiefSecretarytotheChiefJustice .. .. .. 35

3.1.4MeetingatHon.PeterMutharika’sHouse .. .. .. 35

3.1.5CallingofCabinetMinisters .. .. .. .. .. 40

3.1.6MinistersConvergeatHon.GoodallGondwe’sHouse .. .. 40

3.2 EVENTSON6thOFAPRIL2012. .. .. .. .. 40

3.2.1MeetingBetweenMinistersGondweandChiumewiththeAttorney

General .. .. .. .. .. .. .. 40

3.2.2MorningMeetingofCabinetMinisters .. .. .. .. 42

3.2.3ActionstakenbytheVicePresidentandPressConferencesontheDay 45

3.2.4TheDemocraticProgressivePartyNationalGoverningCouncilMeeting 46

3.2.5EveningMeetingofCabinetMinisters .. .. .. .. 47

3.2.6TheMidnightPressStatement .. .. .. .. .. 48

3.2.7ProgressontheCourtCase .. .. .. .. .. 50

3.2.8AbsenceofMinutesofMeetingsofMinisterson6thApril2012 .. 52

3.3 EVENTSON7thAPRIL2012 .. .. .. .. 53

3.3.1TheCourtCase .. .. .. .. .. .. 53

3.3.2MeetingsatHon.PeterMutharika’sHouse .. .. .. 54

3.3.2 (a)ADelegationtotheUnitedNationsRepresentative .. .. 54

3.3.2 (b)AttempttoGiveInstructionstoaPrivateLawyer .. .. 54

3.3.3AnnouncementofDeath .. .. .. .. .. 56

3.3.4DiscussionsbetweentheSpeakerofParliamentandtheChiefJustice. 57

3.3.5PressConferencebytheVicePresident .. .. .. .. 59

3.3.6TheCabinetMeetingandtheSwearingoftheVicePresident .. 60

CHAPTER4

EVIDENCETAKENREGARDINGTHEALLEGEDLOOTINGANDMISSING

GOVERNMENTPROPERTYATTHESTATEHOUSE

CHAPTER5

EVIDENCETAKENREGARDINGUNUSUALOCCURENCESANDOTHER

ISSUESPRIORTOTHEDEATHOFTHEPRESIDENT

5.1 ProphecybyT.BJoshuaandInteractionbetweenthePresidentand

T.B.Joshua .. .. .. .. .. .. 70

5.2 ThePoliticalandEconomicSituationintheCountry. .. .. 73

CHAPTER6

FINDINGS

6.1 DateandPlaceofDeathoftheLatePresident .. .. .. 76

6.2 CauseofDeath .. .. .. .. .. .. 77

6.3 MedicalattentionavailabletothelatePresidentimmediately .. 78

6.4 HandlingoftheBodyofthePresidentAfterHisDeath .. .. 80

6.5 Otherfindingsincidentaltoandconnectedwiththedeathofthe .. 80

6.5.1 GovernmentLeadershipinManagingtheAffairsRelatingtothe .. 80

6.5.2 InformationRegardingtheDeathoftheLatePresident .. .. 81

6.5.3 AttemptstoConcealtheDeathoftheLatePresident .. .. 82

6.5.4 DelayinAnnouncingtheDeath.. .. .. .. .. 84

6.6.1 MeetingintheOfficeoftheHospitalDirector .. .. .. 85

6.6.2 AttemptstoStoptheSwearinginoftheVicePresidentand .. 85

6.6.3 RequesttotheArmytotakeOvertheGovernment .. .. 86

6.6.4 TheMidnightPressStatement.. .. .. .. .. 87

6.6.5 AbandonmentoftheCourtProcessbytheAttorneyGeneral .. 87

6.6.6 AttemptstoIssueCourtProcessthroughPrivateLawyer .. .. 88

6.6.7 TheJudiciaryandtheTransition .. .. .. .. 88

6.6.8 TheMalawiDefenceForceandtheTransition .. .. .. 88

6.6.9 MinistryofJusticeandtheTransition .. .. .. .. 89

6.6.10ReportsofLootingofGovernmentPropertyDuringTransition .. 89

6.7 FindingsinrespectofunusualeventspriortothedeathofthePresident 89

6.7.1 ProphecybyT.B. JoshuaandBooksbyT.BJoshuareceivedbythe

President .. .. .. .. .. .. .. 89

CHAPTER7

RECOMMENDATIONS

7.1 MEDICALFACILITIESANDMEDICALPERSONNELLFORTHE

PRESIDENT .. .. .. .. .. .. 91

7.1.1EstablishmentofaPresidentialMedicalFacility .. .. .. 91

7.1.2FirstAidFacilityatStateHouse.. .. .. .. .. 91

7.1.3AmendmentofthePresident(SalariesandBenefits)Act .. .. 91

7.1.4StateoftheArtAmbulanceonPresidentialMotorcade .. .. 91

7.1.5TrainingofStateHousePersonnelinFirstAid .. .. .. 91

7.2 AVAILABILITYOFESSENTIALDRUGSINTHEICU .. .. 92

7.3 ANNOUNCEMENTOFTHEDEATHOFTHEPRESIDENT .. 92

7.4 REVIEWOFTHECONSTITUTION .. .. .. .. 92

7.4 PUBLICINSTITUTIONSANDPUBLICOFFICERS .. .. 93

7.5 ORIENTATION FOR SENIOR PUBLIC OFFICIALS TO

STRUCTURESOFGOVERNMENT .. .. .. .. 93

iii

REPUBLICOFMALAWI

COMMISSIONOFINQUIRYINTOTHEDEATHOFTHEPRESIDENT

NGWAZIPROFESSORBINGUWAMUTHARIKA

____________________________________________________________________

Ref. No: CI/BWM/03/2012

31st January 2013

LETTERTOTHEPRESIDENT

Her Excellency Mrs Joyce Banda,

President of the Republic of Malawi,

Mrs. Joyce Banda,

State House.

Your Excellency,

REPORTOFTHECOMMISSIONOFINQUIRY

On 1st June 2012, Your Excellency appointed a Commission of Inquiry to inquire

into all aspects surrounding the death of His Ecellency Ngwazi Prof. Bingu wa

Mutharika, late President of the Republic of Malawi, and into issues of transition of

State power following the President’s death; and it pleased Your Excellency to appoint

us as Commissioners to undertake the Inquiry and to report our findings and

recommendations to Your Excellency.

We, the Commissioners, now have the honour to present our Report to Your

Excellency.

Yours respectfully,

Justice Elton Singini, SC (Retired)

Chairman

Dr. Charles Dzamalala

Member

Mr. Joseph ElwynAironi

Member

………………………………………

Dr. Tiwonge Loga

Member

Dr Elizabeth Sibale

Member

Fr. Joseph Mpinganjira

Member

Mr. Brian Nyasulu

Member

Mrs. Esther Chioko

Member

Mr. Jabbar Alide

Member

……………………………………

…………………………………

……………………………………

LISTOFCOMMISSIONERSANDSECRETARIAT

1. JusticeEltonSingini,SC.(Retired) Chairman

2. Dr.CharlesDzamalala Member

3. Mr.JosephElwynAironi Member

4. Dr.TiwongeLoga Member

5. Dr.ElizabethSibale Member

6. Fr.JosephMpinganjira Member

7. Mrs.EstherChioko Member

8. Mr.BrianNyasulu Member

9. Mr.JabbarAlide Member

10. Mr.PacharoKayira Secretary

LISTOFSUPPORTSTAFF

1. Mrs.JeanSimwaka PrincipalAccountant

2. Mrs.FannyVanessaMussa PersonalSecretary

3. Mr.SamuelMbweza Researcher

4. Ms.ZeliaMthunzi Stenographer

5. Mrs.SophieMbewe Stenographer

6. Mr.FanuelHerbertChagunda Security

7. Mr.NelsonChamalonda Security

8. Mrs.AgnessMulenga Security

9. Mrs.PyraChitukwi Security

10. Mr.LovemoreSimba Security

11. Ms.TaonaGondwe Messenger

12. Ms.MercyZaombampeni Driver

13. Mr.FredChitsulo Driver

LISTOFABBREVIATIONS

ADC AideDeCamp

AG AttorneyGeneral

BBC BritishBroadcastingCorporation

CPR CardialPulmonaryResuscitation

DPP DemocraticProgressiveParty

ECG Electrocardiogram

ICU IntensiveCareUnit

KCH KamuzuCentralHospital

KIA KamuzuInternationalAirport

MBC MalawiBroadcastingCorporation

MDF MalawiDefenceForce

NGC NationalGoverningCouncil

NIS NationalIntelligenceService

OPC OfficeofthePresidentandCabinet

SABC SouthAfricanBroadcastingCorporation

SANDF SouthAfricaNationalDefenceForce

ZBS ZodiakBroadcastingStation

vii

LIST OFAPPENDICES

Annex 1: Gazette Notice, 22nd June 2012

Annex 2: Rules of Procedure of the Commission

Annex 3: List of witnesses interviewed

Annex 4: SummonsofWitness

Annex 5: Information note to witnesses

Annex 6: Oath- English

Annex 7: Oath- Chichewa

Annex 8: Transcript of State House Press Release, 5thApril 2012.

Annex 9: Statement of former President Dr. Bakili Muluzi

Annex 10: Vice President Press Conference on 6thApril 2012

Annex 11: Midnight Six Statement on 6thApril 2012

Annex 12: OPCStatement on death of President Mutharika

Annex 13: List of medical equipment for President Mutharika

Annex 14: Vice President Statement on death of the President

Annex 15: Air ambulance Letter of guarantee, 5thApril 2012

Annex 16: Air ambulance Letter of guarantee, 6thApril 2012.

Annex 17: Notice of death of President Mutharika

Annex 18: Attorney General’s Legal Opinion, 6thApril, 2012

Annex 19: Witness statement of Chief Justice, 6thApril, 2012

Annex 20: Counsel’s Statement for the chief Justice, 20th May, 2012.

Annex 21: Chief secretary’s statement to Ministers, 6th April, 2012

Annex 22: Certificate of Urgency for court application, 6th April, 2012.

Annex 23: Originating summons for courtApplication, 6thApril, 2012

Annex 24: Affidavit of Goodall Gondwe.

Annex 25: Affidavit of Dr. Jean Kalirani

Annex 26: Affidavit of Henry Mussa

Annex 27: Skeleton arguments in support of application

Annex 28: Draft order of the court

Annex 29: President’s Letter to Chief secretary 6th April 2012

Annex 30: Vice President’s Press Conference Statement, 7thApril 2012

Annex 31: Picture of T.B. Joshua Book

Annex 32: Rev. Gama’s Memo to President Mutharika, 26th May 2011

Annex 33: President Mutharika’s Letter to T.B. Joshua, 24th February, 2012

Annex 34: AirAmbulance Movement Notification, 5thApril, 2012

Annex 35: General declaration forAirAmbulance, 5thApril 2012.

Annex 36: Schedule of Immigration Exit forms, 5thApril, 2012.

Annex 37: Letter of Chief Immigration Officer, 6thApril 2012.

Annex 38: Statement of Malawi Law Society, 7thApril 2012.

Annex 39: KCH, ICUsideward where President’s body was kept

viii

ACKNOWLEDGEMENTS

We, the Commissioners, wish to take this opportunity to express our gratitude to

the State President, Her Excellency Mrs Joyce Banda, for the honour in appointing us

to the Commission of Inquiry into the death of the Late President Ngwazi Professor

Bingu wa Mutharika and into issues of transition of State power following his death.

The Commissioners acknowledge, with appreciation, the financial and

administrative support from the Government of Malawi, through the Office of the

President and Cabinet and the Ministry of Finance, to facilitate the work of the

Commission.

The Commissioners would like to thank the management and staff of Ufulu Gardens

in Lilongwe which was the base of the Commission for the most part of its work.

The Commissioners would like to thank the Secretary for the Commission, Mr.

Pacharo Kayira, for competently managing the entire process of the Commission

Lastly, but not least, the Commissioners express their gratitude to the support staff

of the Commission who worked diligently behind the scenes.

EXECUTIVESUMMARY

This is the Report of the Commission of Inquiry that was appointed by Her

Excellency the President of the Republic of Malawi, Mrs. Joyce Banda, to inquire into

the circumstances of the death of the former President of the Republic of Malawi,

NgwaziProf. Bingu waMutharika, and into issues of transition of State power following

his death. The Report has been divided into chapters as follows:

Chapter 1 outlines the scope of this Report and gives the background to the

appointment of the Commission of Inquiry. It outlines Terms of Reference for the

Commission, the procedure that was adopted during the Inquiry and the methodology

and work plan for the Commission.

Chapter 2 examines the evidence that the Commission heard on the aspect of the

death of the President. Several testimonies were examined under this head and the

Commission has highlighted the key evidence taken relevant to the issue. The Report

has tackled the evidence by following the sequence of events. It has considered evidence

from the time that the President fell ill at State House to the time that the President’s

body was brought back from SouthAfrica to Malawi and to the time it was buried.

Chapter 3 examines the evidence that the Commission received on the issue of

transition of State power during the period. It also examines the role that various people

played during the period and analyses the activities that took place at the time. The

Report has looked at various meetings that took place during that period and the key

events that happened during the period.

Chapter 4 looks at the issue of the alleged looting and unauthorized removal of

Government property at State House during the period. It has examined key evidence

in respect of the matter with a view to establishing whether there was indeed looting,

stealing and/or unauthorized removal of Government property.

Chapter 5 examines the evidence that was received in respect of some unusual

occurrences and issues that were present during the period eimmediately before the

President’s death. The Report notes that there were certain occurrences during the period

which may have exerted pressure on the late President. The Commission therefore

received evidence on the issue of the prophesy by T.B. Joshua about the death of an

African President. It has also examined the prevailing political and economic conditions

in the country during that period.

Chapter 6 lays down the Findings that Commission has made in the relation to its

Terms of Reference.

Chapter 7 deals with the recommendations of the Commission. The Commission

has made several recommendations relevant to the issues of the Inquiry.

The Commission recommends that this Report should be read as a whole, as one

document. All the parts are related, and must be understood as part of the whole.

CHAPTER1

INTRODUCTION

1.1

SCOPEOFTHEREPORT

This is the Report of the Commission of Inquiry that was appointed by the State

President of the Republic of Malawi, Her Excellency Mrs. Joyce Banda on 1st June

2012. The main tasks of the Commission were two fold1.

Firstly, the Commission was mandated to inquire into circumstances surrounding the

death of the former President of the Republic of Malawi, Ngwazi Prof. Bingu wa

Mutharika, who died inApril 2012 during his term of office.

Secondly, the Commission was mandated to investigate the role of various

individuals, on the issue of transition of State power following his death.

Accordingly, the Report has tackled these two main issues of its mandate under the

statutory Order issued by Her Excellency establishing the Commission and published

in the Gazette issue of 22nd June 2012.

Apart from these two main issues, the Commission has examined the issue of health

facilities accorded to the former President prior to his death and has also examined the

general state of health facilities and health care accorded to the holder of the office of

President in Malawi. In addition, the Report has looked at the coincidence of the

presence of some unusual occurrences prior to the death of the late President and has

looked at issues about media reports of looting and missing property at State House

during the period.

At the end of the Report, the Commission has made recommendations to the

President on the two main aspects of the Inquiry and also on other related and pertinent

issues covered during the Inquiry.

1.2

BACKGROUND

On the afternoon of 5th April 2012, a dark cloud hung above the Republic of

Malawi. There were rumours, shortly after midday, that the President of the Republic

of Malawi, Ngwazi Professor Bingu wa Mutharika, had collapsed at State House in

Lilongwe, and had been rushed to Kamuzu Central Hospital (KCH) for medical

attention.

As the day progressed, the rumours grew stronger. Unconfirmed reports on the

matter started to emerge from local private radio stations2, some international media3,

and also social networking internet sites such as Facebook and twitter. Some media

houses, most notably Zodiak Broadcasting Station radio, pursued the rumours further

and ended up sending reporters to KCH where the President was reported to have been

referred to. The radio station made live broadcasts of the events at the hospital as they

1 See Government Notice ofAppointment of the Commission in the Gazette dated 22nd June 2012 attached asAnnex 1

2 Such as Zodiak Broadcasting Station, Capital Radio, Joy Radio, MIJ FM.

3 Such as British Broadcasting Corporation, CNN, Aljazeera, Sky News.

unfolded. Among other reports, the station confirmed that there were indeed some

unusual activities at the hospital that pointed to the fact that the President, as it was

largely perceived, or a very senior member in the Malawi Government, may indeed

have been taken ill and referred there for medical attention. The radio station reported

that apart from the heavy police and State House security presence at the hospital,

several high profile people in Government and politicians, and also members of the

family of the Head of State including the First Lady, Madam Callista Mutharika, were

seen arriving at the hospital. At this point, there was no official statement from State

House or from the Office of the President and Cabinet (OPC), neither was there any

report from the state broadcaster, Malawi Broadcasting Corporation (MBC) on radio or

television.

The radio reports from private radio stations were initially not conclusive regarding

the exact person who had been taken ill and referred to the hospital. However, the

information unofficially gathered by the media at the hospital strengthened the

indication that it was the President who had been taken ill and referred to the hospital.

By late afternoon, it became clear that the person admitted at the hospital was indeed

the President. This became the news on the private radio stations and social media.

As the day progressed, it was reported that preparations were underway to fly the

President to South Africa for further treatment. At this point, the media reported about

fresh strange occurrences at the hospital. It was reported that people who had earlier in

the day gone to see the President in hospital had all left the hosiptal. This led to

speculation of death. The people reported to have left included the First Lady, Madam

Calista Mutharika, and the President’s daughter, Mrs. Duwa Mutharika-Mubaira, and the

President’s brother, Hon. Peter Mutharika.

While confirming about the possible transfer of the President from KCH to South

Africa, the media reported that the State House ambulance that was meant to take the

President to Kamuzu International Airport (KIA) en-route to South Africa, had been

stationed at the exit normally used for patients who have died and were being moved

to the mortuary through the basement of the hospital. The reports further indicated that

people who had earlier gone to the hospital to visit their relations were being cleared

from hospital corridors by state security personnel. This included media reporters.

Reports actually emerged that one reporter4 was briefly arrested by the police for being

found around the hospital premises and for relaying the events at the hospital live on

radio. He was verbally cautioned and later released and told to immediately leave the

hospital premises.

In the evening, news was widespread that confirmed that the President had indeed

been taken ill earlier in the day, and was the high profile person referred to KCH. News

was also widespread that the President had been moved from KCH to KIA for

evacuation to South Africa. A press statement from the State House Press Office was

released later in the evening on MBC radio and television5 to the effect that the President

had fallen ill and would be moved to SouthAfrica for further specialist treatment.

4 Norman Fulatila of Zodiak Broadcasting Station.

5 8 O’clock News Bulletin, see transcript attached hereto as Annex 8

At the airport, it was noted by reporters from the private media, who kept informing

people about what was happening, that some unusual events were taking place there. It

was reported that the ambulance carrying the President from KCH had passed through

the technical section of the airport instead of the VIPsection that he would normally use

when leaving or entering the country. It was further reported that the air ambulance

from South Africa that had been chartered to evacuate the President to South Africa

was being delayed for several hours for inexplicable reasons. It was later reported that

the plane finally departed KIA around midnight for South Africa.

On the morning of 6th April 2012, one of the local newspapers6 carried a report

which described the events of the previous day. The paper reported that the President

had been taken ill the previous day at State House and was referred to KCH. It further

reported that the President had suffered cardiac arrest and had since been airlifted to

South Africa for specialist treatment. In the article the then Minister of Energy and

Mining, Hon. Goodall Gondwe, was reported to have confirmed to the paper that the

President had been evacuated to South Africa. When the paper asked Hon. Gondwe

about the condition of the President he was reported to have responded that “he was not

in very good condition but I am told his health is improving now.” By this time,

however, rumours were rife in the country that the President had passed away. The

international media7 in particular started reporting about the death of the President in

SouthAfrica. The news of the death of the President was commonplace on the day and

was abound in the social internet sites and online publications. There was however no

such confirmation from the appropriate authorities in the country.

Late in the morning of the same day, 6thApril, the former President of the Republic

of Malawi, Dr. Bakili Muluzi, addressed a press conference at his BCA Hill residence

in Blantyre.At the press conference, the former President issued a statement calling for

respect for constitutional order in the country following the events of the previous day.

He pointed out that the law was very clear on the issue of succession of power in the

event that the incumbent was not able to perform his or her duties.8

In the afternoon, civil society organizations in the country through the civil society

coalition group also held a press conference at Riverside Hotel in Lilongwe where they

issued a press statement calling for the proper constitutional order to be observed in the

country during the time by all in authority.

Later in the afternoon, the Vice President of the Republic of Malawi, Rt. Hon. Mrs.

Joyce Banda, also called a press conference which she addressed at her official residence

in Area 12 in Lilongwe9. This press conference was aired on Zodiak Broadcasting

Station and other private radio stations, but the state broadcaster, Malawi Broadcasting

Corporation (MBC), did not air the press conference.At the press conference, the Vice

President informed the nation that the President was unwell, and that she was in touch

with the authorities in the Government of the Republic of South Africa who were

providing her with updates of the President’s condition. She further informed the nation

that the President had been incapacitated and that the Constitution will have to take its

course.

6 The Daily Times, 6th ofApril 2012, front page article titled ‘Bingu’s’illness creates anxiety’by Macdonald Thom.

7 Such as BBC, CNN, Sky News,Aljazeera, SABC, eTV.

8 See the statement of former President Dr. Bakili Muluzi dated 6th April 2012, attached as Annex 9

9 Monitored on Zodiak Broadcasting Station, see Transcript attached as Annex 10.

In the evening of the same day, 6thApril, MBC announced that there was going to

be a press conference by Government on MBC late in the evening. At or around

midnight, a group of six Cabinet Ministers, namely, Hon. Mrs. Patricia Kaliati, Minister

of Information and Civic Education, Hon. Symon Vuwa Kaunda, Minister of Sports,

Youth Development and Welfare, Hon. Henry Mussa, Minister of Local Government

and Rural Development, Hon. Dr. Jean Kalirani, Minister of Health, Hon. Nicholas

Dausi, Deputy Minister in the Office of President and Cabinet and Hon. Kondwani

Nankhumwa, Deputy Minister of Foreign Affairs and International Cooperation,

appeared on the MBCTelevision where they read out a statement10. The statement was

to the effect that the statements made earlier in the day by the then Vice President, Right

Hon. Mrs. Joyce Banda, and the former President, Dr. Bakili Muluzi, at their respective

press conferences, regarding the issue of succession to the Presidency, were misleading.

It further stated that the conduct of the Vice President in forming her own political party

precluded her from succeeding the Presidency. The statement further appealed to

Malawians “to remain calm and not to listen to any misleading information coming

from anyone except official government sources”.

In the morning of 7thApril, the Malawi Law Society issued a strongly worded press

statement warning against attempts to subvert the country’s constitutional order. The

statement is attached as Annex 38.

On 7thApril 2012, as the morning was breaking, one of the weekend newspapers,

Malawi News11 carried an article titled “Bingu Dead”. The news of the death was

confirmed by an official announcement from the Office of the President and Cabinet

(OPC) at 8am.12The announcement from OPCfurther confirmed that the President had

suffered cardiac arrest and had died at One Military Hospital in South Africa.

Later in the morning around 11 am that day, the Vice President held a press

conference at her official residence in Area 12 in Lilongwe, where she also officially

announced to the Malawi nation the death of the President, Ngwazi Prof. Bingu wa

Mutharika. She informed the nation that the President was pronounced dead on arrival

at One Military Hospital in SouthAfrica. She further informed the nation that there was

going to be a Cabinet meeting in the afternoon that day. She appealed to the people of

Malawi to maintain law and order. In response to a question from the press which

alluded to looting at state residences, she appealed for a stop to such conduct.

Cabinet met in the afternoon as scheduled and the Vice President presided over the

meeting. All Ministers attended the meeting except three, namely, Hon. Dr. George

Chaponda, who was reportedly out of the country, Hon. Reene Kachere, who was

reported to be unwell, and Hon. Peter Mutharika, who was in mourning as family

member.

As this Report will indicate, on 6th April 2012, Cabinet Ministers met among

themselves without the Vice President when they resolved to pursue a court case to seek

an order to prevent the Vice President from succeeding the late President in the

circumstances. At the Cabinet meeting on 7th April, which was called by the Vice

President, all Cabinet Ministers present pledged their support to the Vice President and

reversed the earlier decision to contest her succession to the Presidency and agreed to

withdraw the court application. Cabinet then resolved to have the Vice President sworn

in as President that afternoon.

10 See the Midnight Press Statement attached as Annex 11

11 The Malawi News, 7thApril 2012.

12 See the Official announcement of the death of President Mutharika by the Office of the President and CabinetAttached

as Annex 12

Late on that day, 7th April, the Vice President was sworn into office as the fourth

President of the Republic of Malawi by the Chief Justice at a ceremony held at

Parliament Building in Lilongwe. During the swearing ceremony the President

addressed the Malawi nation after taking oath.Among other things, she announced the

formation of a committee to oversee the funeral arrangements of the late President. She

emphasized the need to accord the late President decent burial befitting a Head of State

and declared 10 days of national mourning. Government later declared 30 days to be the

period of mourning.

The remains of the late President returned in the country from South Africa on

Saturday, 14thApril 2012, through Kamuzu InternationalAirport aboard a SouthAfrican

National Defence Force (SANDF) plane escorted by members of SANDF officers. At

the airport, the body was handed over to members of the Malawi Defence Force (MDF)

with full military honours. The body was officially received by the President, Her

Excellency Mrs. Joyce Banda, and by Cabinet Ministers among other dignitaries and

multitude of people.

From the airport, the body was taken to State House where laying-in-state began.

The first viewing of the body was led by the President, family members and a number

of VIPs on the same day. Viewing continued at State House the following day, 15th

April. On Monday, 16th April, the body was moved from State House to Parliament

Building for public viewing. There, too, viewing was led by the State President. From

Lilongwe the body was taken to Mzuzu for viewing on 17thApril at Mzuzu State Lodge

and then later to Blantyre on 18thApril, for viewing at Sanjika Palace on 19th and 20th

April and finally to the late President’s Ndata Farm in Thyolo on 21stApril for viewing

on the same day, 21st, and on 22ndApril 2012. The late President was buried on 23rd

April 2012 in the family mausoleum called Mpumulo wa Bata at that farm in which his

late wife, Madam Ethel Mutharika, who predeceased him, was also buried. His burial

was attended by several Heads of State and Government and other foreign dignitaries.

1.3

ISSUESARISING FROMTHEDEATHOFTHEPRESIDENT

The sudden death of the late President was a shock to the nation. There were no

previous reports of the President’s sickness. Questions started circulating around as to

what actually caused the death of the President. People started wondering if the death

had a connection with the earlier prophecy of the death of a President by a well-known

evangelist, Temitope Balogun Joshua (T.B. Joshua), of Nigeria. Ealier in the month of

February 2012, T.B. Joshua had predicted the death of an African President. Up to the

point of appointing this Commission of Inquiry, there had been no confirmation of the

cause of the death of President Bingu wa Mutharika or the circumstances surrounding

his death by the authorities.

Related to the death, questions were being asked as to whether the late President

had received proper medical attention to during the time prior to his death. People were

still asking as to whether everything possible had been done to save his life after he had

collapsed at State House.

It was further noted that during the viewing period, the President’s date of death

that was inscripted on a cross placed on the casket kept changing. The Daily Times

newspaper13 covered a story titled “Confusion Over Bingu’s Death” which highlighted

different dates of death indicated on the cross. The article observed that on the day that

the body arrived from SouthAfrica, the cross had an inscription that the late President

died on 7thApril 2012.The following day, however, the date of 7th was crossed out and

another date, 5thApril 2012, was inscripted. The article further noted that according to

the officials, the President died on arrival at One Military Hospital in South Africa,

which was on 6th of April. The article further noted that according to some KCH

officials, the President had been brought to KCH “clinically dead” just before lunch

hour on 5th April 2012. Accordingly, the nation was asking questions as to where and

when the late President died.

The nation was also asking questions as to why the announcement of death had been

delayed. There were rumours of the death of the President much earlier than the

announcement of his death by the Office of the President and Cabinet. Questions were

being asked as to why the international media was first to announce the death of the

President while our own state media was silent on the issue.

The late announcement of the President’s death also posed questions as to whether

there were indeed attempts to hide the President’s death by those in authority or in the

then ruling party and for what purpose.

The nation was further asking questions regarding the events that happened during

the period in respect of transition of State power. It was reported that during the period

there were attempts by certain individuals to derail the constitutional handover of State

power to the then Vice President. That was why several people and organizations

quickly moved in to address press conferences or to issue statements in support of, and

calling for, constitutional order in the country. The issue of the statement read close to

midnight on 6thApril 2012 raised questions regarding its authorship and intended goals.

Anewspaper article in The Nation on Sunday newspaper titled “DPPWanted To Install

Peter Mutharika- Ministers”14 quotes several individuals on how attempts were made

to circumvent the constitutional provisions regarding succession of the late President.

The Nation newspaper of 13thApril 2012 carried an article15 on how the then ruling

party panicked over the death of the late President and how the party wanted to swear

another person as acting President, other than the Vice President who was supposed to

be the one to be sworn as provided by the Constitution. Paragraph 2 of the article states:

“DPPwassooverwhelmingly against Banda that, The Nation can

reveal, the party was ready to have Peter sworn in asActing President

on Friday night.”.

Further the issue of the statement that was read close to midnight of 6thApril 2012

was widely discussed in the press. An article in The Nation newspaper16 titled “OPC

13. The Daily Times newspaper dated 18th April, 2012, article by Golden Matonga.

14. Nation on Sunday, by Steven Pembamoyo, dated 8thApril, 2012.

15. Article titled “How DPP Panicked” by Kondwani Munthali.

16. The Nation, Monday 9thApril, 2012.

Disowns DPP Cabinet Meeting” with a sub-heading “Kaliati Explains Her Role in

Succession Statement” stated that it was clear that there were contradictions between

Government officials and the Ministers on the issue of the statement and the meetings

that took place at OPC. The article stated that while the Ministers on one side indicated

that these meetings took place and were called by OPC, the Deputy Chief Secretary in

the Office of the President and Cabinet, Mr. Necton Mhura, was quoted as saying that

OPC did not call for these meetings and that they did not sanction the so called

“Midnight Six Statement”.

It is clear that the death of the late President brought about several issues and

questions whose answers were not available.Accordingly, Her Excellency proceeded to

set up this Commission of Inquiry to look into these issues.

1.4

APPOINTMENTOFTHECOMMISSIONOFINQUIRY

In her first State of the Nation Address as she was opening the 44th session of

Parliament on 18th May 2012 the State President, Her Excellency Mrs. Joyce Banda,

informed the nation that there were so many unanswered questions regarding the death

of the former President. The President stated that she was therefore going to appoint a

Commission of Inquiry to inquire into the circumstances surrounding the death of the

President and events that followed. Accordingly, on 1st June 2012, the State President

appointed this Commission of Inquiry to inquire into the death of the former President

of the Republic of Malawi, Ngwazi Professor Bingu wa Mutharika, and the role and

activity of various individuals during and in managing the transition.

The Commission consisted of nine members as follows:

Justice Elton Singini, SC. (Retired)

Chairman

Dr. Charles Dzamalala

Joseph ElwynAironi

Dr. Tiwonge Loga

Dr. Elizabeth Sibale

Fr. Joseph Mpinganjira

Mrs. Esther Chioko

Mr. Brian Nyasulu

Mr. Jabbar Alide

Mr. Pacharo Kayira

Member

Secretary

Swearing of Commissioners took place on Monday 4th of June 2012 at OPC before

the Vice President, Rt. Hon. Mr. Khumbo Kachali. The Commission commenced its

work after the order establishing it was published in the Gazette issue of 22nd June

2012.17

17. See Annex 1.

1.5

TERMSOFREFERENCEOFTHECOMMISSION

The Commission of Inquiry was given the full mandate to consider, determine and

inquire into all aspects surrounding the death of the late President including but not

limited to the following:

(i)

(ii)

Establishing the date and place of death;

Establishing the cause of death;

(iii) The medical attention available to the late President at the time immediately

preceding his death;

(iv) The role and activities of various individuals during, and in managing the

period (the “transition”) between the death of the late President and swearing

in of the President; and

(v) Making such inquiry, and such findings and recommendations, as are

incidental to and connected with the death of His Excellency the Late Ngwazi

Prof. Bingu wa Mutharika, and the role and activities of various individuals

during, and in managing the transition.

1.6

METHODOLOGYANDWORKPLAN

The Commission held its first planning meeting on 18th June 2012. It was agreed

that the method that it was going to follow for conducting the Inquiry was through

hearings that were to be held mainly in Lilongwe and also in other parts of the country

if necessary. It was further resolved that there was going to be review meetings after

hearing sessions in order to scrutinize and consider evidence the Commission had

received. The Commission further set down the procedure for its meetings and for

summoning of witnesses. On procedure, the Commission resolved to hold all its

hearings in camera.

TheCommissionfurther resolved that public notices be placed in newspapers calling

for information from people who knew anything regarding the death of the President or

regarding issues of transition of state power. In order for the Commission to have a full

appreciation of what had taken place during the concerned period, it was also resolved

that the Commission would conduct site visits where necessary.

On how to proceed with the Inquiry the Commission resolved that it was going to

follow the sequence of events during the period. This was going to begin with the events

at the State House on the day in question, the referral to KCH, the evacuation through

the Kamuzu International Airport to South Africa, the events in South Africa and the

return of the body to Malawi and burial and, finally, the issues of transition of state

power.

During the Inquiry the Commission interviewed 123 witnesses in all18.

18. List of witnesses interviewed, Annex 3

CHAPTER2

EVIDENCETAKENREGARDINGTHEDEATHOFTHEPRESIDENT

2.1

MEDICAL ATTENTION AVAILABLE TO THE LATE PRESIDENT

IMMEDIATELYPRECEDINGHISDEATH

One of the terms of reference for the Commission was to examine the medical

attention available to the late President at the time immediately preceding his death.

The Commission considered this specific term of reference and agreed that it was a

very important aspect that needed to be looked at holistically. The Commission

understood this part to include the immediate attention that was given to the late

President when he collapsed at State House on the fateful day, and the general medical

care that was available to the late President prior to this occurrence. In examining this

latter aspect, the Commission considered the issue of medical personnel and medical

facilities that were available to the late President.

In Part I of the Schedule to the Presidents (Salaries and Benefits) Act, Cap 2:02 of

the Laws of Malawi, it is provided that the President shall be entitled to:

“Free medical services and a personal physician for the President,

spouse and children under the age of 18 years.”

Thus, in terms of statutory entitlement, this is the only provision regarding the

medical benefits of the President.

It was heard in evidence that the late President had the services of a personal

physician, Dr. Dan Namarika. He was appointed to that position on 9th July 2009.19

According to the information given to the Commission, the President did not have a

personal physician prior to the appointment of Dr. Namarika.

In addition to the personal physician, the President also had a personal nurse, Mrs.

Thenjiwe Dissi Mittawa, a MedicalAssistant by training, who also happened to be the

President’s niece, on the side of President’s late wife, Madam Ethel Mutharika. The

personal nurse served both the President and State House staff and was based at the

State House clinic. Both the physician and the nurse were the President’s personal

choices.

Onthe composition of the medical team available to the President, the Commission

heard in evidence that the former President of the Republic of Malawi, Dr. Bakili Muluzi

had the service of a personal physician and an anesthetist. This was also the case with

the other former President, the late Ngwazi Dr. Hastings Kamuzu Banda.

It was in evidence during the Inquiry that the late President had adequate medical

equipment to cater for any eventuality of a medical emergency.20 This equipment did not

belong to the Government as it was personally bought by the President in Germany

19 Testimony of Dr. Dan Namarika

20. List of Medical Equipment for the President as supplied to the Commission by his physician Dr. Dan Namarika,Annex

13.

during one of his visits to that country. The personal physician explained to the

Commission that he personally guided the President on what to buy, and the President

paid for it with his own money. This equipment was always in the custody of the

President’s personal physician, and he took it with him everywhere he went with the

President.

TheCommissionheard that a week prior to the death of the President, the President’s

physician had conducted a thorough medical check upon the President and had

presented the results to him on Tuesday 3rd April 2012, two days before his collapse.

It was submitted in evidence that the results of the medical check-up were satisfactory

and the physician and the President were both happy with them. According to the

personal physician, the results were not a surprise to him because such had always been

the trend. He told the Commission that the President was a fit and healthy person. This

position was also supported by other testimonies that the Commission heard from those

that closely worked with the President.21 However, according to the personal physician,

the President was hypertensive and diabetic. These conditions were ably managed in his

daily routine.

2.2

EVENTSATSTATEHOUSEONTHE5thOFAPRIL2012

TheCommissionreceived testimony that the day started normally. The late President

had breakfast as usual.22 The Presidential Food Taster, Mr. Harrison Mackenzie

Nkhoma, told the Commission that on that morning he, as usual, tasted the President’s

breakfast to ensure that it did not contain harmful substances. He confirmed the food to

be fine and it was served for breakfast. He also told the Commission that the President

was very busy that day and did not take tea morning tea at the office as he usually did.

The State House housekeeper, Mrs. Elizabeth Mvinda, told the Commission that

she met the President and the First Lady around 9 o’clock in the morning as they were

having breakfast. She had joined them as usual at the table to discuss the programme

for the day. In accordance with the daily routine, the housekeeper was given the tasks

for the day during this meeting. On this particular day, the President indicated to the

housekeeper that he was not going to take tea around the usual time that he did which

wasaround 10o’clock in the morning.The housekeeper told the Commission that at that

time, the President looked fine and his normal self, and there seemed to be no problem

at all with him.

After breakfast, the President was led to his office by his close protection security

officer a Mr. Francisco Gideon. As usual, Mr. Gideon carried the late President’s

briefcase and office keys. Upon arrival in the office, Mr. Gideon opened the windows

and took leave of the President. He then proceeded to his normal position near the lift

close to the door leading into the President’s office.

After the President had arrived in his office, his personal secretary, Mrs. Flora

Muhara, went into the office around just after 9 o’clock to greet the President as a usual

21. Testimonyof the Former ADC, Major Cyprian Kondowe, and testimony of former Guard COmmander, Mr. Duncan

Mwapasa.

22. Testimony of Francisco Gideon, Harrison Mackenzie Nkhoma, and Elizabeth Mvinda.

courtesy, and also to give him some letters to sign, but she was not able to do so as she

retreated because the President was on the phone.

That morning, the President spoke on the phone to several Government officials

before attending to his appointments. He spoke with the State House Press Officer, Mr.

Albert Mungomo, around 8 am.ThePresident instructed Mr. Mungomo to put members

of the media on alert because he wanted to deliver an Easter message to the nation in

the afternoon. He also spoke on the phone with the Deputy Chief Secretary, Mr. Necton

Mhura, who hadcalled him to find out about the status of his request for approval to go

outside the country for medical treatment. The President gave his approval.

The Inspector General of Police, Mr. Peter Mukhito, also told the Commission that

he too spoke on the phone to the President while the President was in the office that

morning. It was the President who called him concerning the issue of security of

property at the Presidential Villas in Lilongwe.

The President also spoke to the Director of National Intelligence Services, Mr.

Bintony Kutsaira, around 9:30 that morning. Mr. Kutsaira told the Commission that the

President sounded jovial. The President gave him certain assignments to do in Blantyre.

The President’s Advisor on Religious Affairs, Rev. Billy Gama, also talked to the

President the same morning before 10 o’clock. Their discussion centered on the

statement that Rev. Gama had drafted for the President for the Easter address to the

nation. The message was meant to be aired out to the Malawi nation the following day

on Good Friday. They also discussed where the President was planning to go and pray

the following day being Good Friday.

2.2.1 The President’s Appointments for the Day

The President had a schedule of eight appointments on this particular day.23 He had

four appointments in the morning and four in the afternoon. His morning appointments

were as follows:

• 10:00

• 10:30

• 11:00

• 12:00

Hon. Mrs. Patricia Kaliati, MP, Minister of Information and Civic

Education.

Hon. Mrs. Margaret Roka Mauwa MP, Deputy Minister of

Agriculture, Irrigation and Water Development.

Hon. Mrs.Agnes Penemulungu, MPfor Lilongwe City South East.

Hon. Dr. Jean Kalirani, MP, Minister of Health

His appointments in the afternoon were due to start at 3 o’clock and were as follows:

• 3:00

• 3:30

Dr. Bruce Munthali, Chief Executive Officer of Tobacco Control

Commission.

Mr. Bright Mangulama, formerly Director of Public Procurement

but was retired at the time.

23. Evidence of Former ADC, Major Cyprian Kondowe.

• 4:00

Dr. Zikhale Ng’oma, Democratic Progressive Party Campaign

Director.

• 4:30

Mr. Chikumbutso Mtumodzi from Ministry of Disability.

Around 10:00 o’clock that morning, Hon. Patricia Kaliati arrived as expected for her

appointment. The Presidential aide de camp (ADC), Major Cyprian Kondowe,

informed the President that the Minister had arrived and was waiting for her

appointment. The President told the ADC to lead her to the audience room. The ADC

led the Hon. Minister to the audience room, and then proceeded to fetch the President

from his office.After the President and the Minister greeted each other, theADC left the

room.After some 30 minutes, Hon. Kaliati was through with her audience and she came

out and left.

TheADCthenwentagaininto the President’s office and informed the President that

Hon. Roka Mauwa was also in for her appointment. The same process was followed.

The Hon. Minister met the President at the allocated time and left.

2.2.2 Appointment With Hon. Mrs. Agnes Penemulungu, MP.

Hon. Mrs.AgnesPenemulungu, MP,testified to the Commission that on the previous

day, 4th April 2012, she received a call from the ADC advising her that the President

had granted her request for an appointment to meet him. She was advised that she was

to meet the President the following day, 5th April 2012, at 11 o’clock in the morning.

She however explained to theADC that the day was not convenient to her because she

was scheduled to go to the Kamuzu International Airport to receive the body of her

uncle who had passed away in SouthAfrica. She told theADC that the body was going

to come through the airport aboard a South African Airways at around 12:30 in the

afternoon. The ADC advised her to consider adjusting her programme to the airport

bearing in mind that she had waited for a long time for her appointment to be granted.

He advised her not lose that chance. Accordingly, she adjusted her airport programme

to accommodate her appointment with the President.

Onthedayinquestion, 5thApril 2012, Hon. Penemulungu proceeded to State House

and arrived at around 10:30 in the morning. She was searched at the entrance and was

advised to leave the discussion notes that she had prepared on a piece of paper at the

reception. She was ushered to the waiting room. The notes were later handed back to

her as she was in the waiting room.

It was Hon. Penemulungu’s recollection that around 11am, the ADC came to the

waiting room and advised her that she was to wait a little longer because the President

was yet to conclude the appointment before her. She recalled that it was around 11:11

am, when theADCcameto take her to the audience room. Since this was the first time

for her to meet the President at State House, the ADC advised her of the courtesy to

stand up as the President will be entering the room.

OnceHon.Penemulunguwasintheaudience room, theADCproceeded to bring the

President. When the President walked into the audience room, Hon. Penemulungu stood

up as advised and the President greeted her in Chichewa, “Muli bwanji a Nandau?” She

responded to the greeting also in Chichewa, “Ndiri bwino Bwana”. She explained to the

Commission that the name Nandau is what she is popularly known by in political circles

as well as in Parliament. After the greeting, the President sat down and she also sat

down. TheADC then left the room.

During the audience with the President, which was in Chichewa, Hon. Penemulungu

started by thanking the President for giving her the appointment. In her own words she

said to the President as follows:

“Zikomo kwambiri Bwana. Ndathokoza kuti mwandipatsa

appointment yanga patapita nthawi yayitali. Ndikudziwa kuti tilipo

ma MP ambiri koma mwandivomera ine. Ndathokoza kwambiri.

Chinanso ndithokoze Bwana kuti ine ndinawina ku Lilongwe City

South East chifukwa cha pambuyo pa inu. Munandithandiza

misonkhano. Munabwera. Ndikukuthokozani kwambiri Bwana.

Ndikukuthokozaninso Bwana pa malonjezo amene ine ndinapatsa

anthu anga. Lonjezo limodzi munandithandiza mseu munandiyikira

tala.

Ndiye Bwana ndikukuthokozani kwambiri. Pamene

ndimalankhula choncho anali akugwedeza mutu akuvomera”.

[Thank you very muchYourExcellency Sir. I am very grateful that

you granted me this appointment after some time. I know that there are

many of us MPs who would like to come and see you. But it has

pleasedYour Excellency to grant me this appointment. Thank you very

much Your Excellency. I also want to thank Your Excellency that I

won in my constituency, Lilongwe City South East, because of your

support. You supported me during my campaign meetings.Thank you

very muchYour Excellency. I also thank you Sir for supporting me in

the promises that I made to the people of my constituency. One of the

pledges on which you have helped mewastheconstruction of a tarmac

road in my constituency. Thank you very much Sir.As I was speaking

the President was nodding in appreciation].

She went on and thanked the President for constantly helping her constituency in

many ways.

After thanking the President, she informed him that there were still so many

challenges that her constituency was facing. She advised the President that her

constituency did not have a clinic and requested if consideration could be given to have

a clinic in the area. At this point, the President asked Hon. Penemulungu where the

nearest clinic was and how far it was. Her response was that the nearest clinic was in

Kawale which is about 10 to 15 kilometers from her constituency. She further advised

the President about the road in her constituency that goes to T/ATsabango and asked if

that road could be upgraded to tarmac. She also asked the President to consider looking

into another road from Area 23 Market to Chipasula.

2.2.3 The President’s Collapse.

The Commission heard that barely 10 minutes into the appointment with Hon. Mrs.

Penemulungu, as she was looking at her prepared notes which she had in her hands at

the time, she noticed when she looked up that the President was just sitting still,

motionless. His hands and legs were stretched straight and the head was leaning against

the backrest of the chair in which he sat. (She gave a graphic demonstration to the

Commission of the President’s posture at that time.) Upon noticing that, she called out

“BwanaBwana!”,butthere was no response. She then called again “Bwana!” but still

there was no response. Quoting her own words, she said:

“Bwana, Bwana! Ndikuona kuti sakundiyankha. Bwana!

Ndinakuwa tsopano, sakundiyankha. Ndiye ndinayimirira

kuthamangira kumene ndatulukira

ku chitseko cha ADC.

Ndinathamanga kukamuyitana ADC, bwera udzawone kuno Bwana

sakundiyankha. Ndimalankhulana nawo. Ndiye ADC analowa mwa

msanga msanga anawapeza abwanawo ali choncho ndithu.”

[Your Excellency, Your Excellency, I could see that he was not

responding. Your Excellency! I now raised my voice, still he was not

responding. So I stood up and ran towards the door I came through

with theADC. I rushed and called theADC in. I said come in and see,

His Excellency is not responding to me. I was talking to him.TheADC

rushed in very quickly and found His Excellency still in the same

posture.]

She told the Commission that she was very terrified.

As he wasgoing to the audience room, theADC asked Mr. Benfrey Kamanga, one

of the NIS security detail sitting with him, to accompany him into the audience room.

At the sametime, theADCcalled the President’s personal physician, Dr. Dan Namarika,

who was in his office in the State House at that time. The Presidential Guard

Commander, Mr. Duncan Mwapasa, the most senior security officer at State House,

was also called.

2.2.4 Immediate Response to the Collapse of the President.

When theADC, Mr. Kondowe went into the audience room in the company of Mr.

Kamanga, they found that the President was seated in the chair and was breathing with

difficulties. He was not blinking. The ADC tried to talk to the President but got no

response. He touched his head and called “Your Excellency, Your Excellency”, but he

stayed still and did not respond. He was breathing heavily and was facing forward,

upwards, without looking at a particular person, even if you looked straight at him. It

showed that he was not paying any attention to anything being said to him. He was

unconscious.

Upon realizing the gravity of situation, the ADC and Mr. Kamanga carried the

President to his office where they laid him on the carpet and loosened his jacket and

removed his wrist watch and took off his shoes. At that time, the President was still

breathing with difficulties. In no time, the President’s personal physician, Dr. Dan

Namarika, arrived in the room. He noted upon arrival that the President was struggling

to breathe. He tried to call him but there was no response. He checked his pulse and

armpits and also checked his blood pressure.

Dr. Dan Namarika told the Commission that at that time he did not have with him

the presidential emergency medical kit. He told the Commission that he had left it in the

ambulance and he tried to call for the ambulance. Dr. Namarika further told the

Commission that he called the Director General of State Residences, Mr. Edward

Sawerengera, advising him that the President had collapsed and he immediately needed

an ambulance to take the President to hospital.

From several testimonies, the Commission learnt that Dr. Namarika had actually

left his equipment at his house within the State House compound. Seeing the emergency

of the situation he advised Mr. Kondowe, Mr. Kamanga and Mr. Mwapasa, who by then

were together in the President’s office, to quickly rush the President downstairs to take

him to hospital.

After giving the instruction to rush the President to hospital, Dr. Namarika left the

late President unattended and proceeded downstairs to the office of the Director General

of State Residences.

It is in the testimony received by the Commission that while downstairs, Dr.

Namarika burst into the office of the Director General, who at the time was in a meeting

with the Deputy Director General, Dr. Charles Thupi, shouting in panic that he needed

an ambulance. After passing the message Dr. Namarika rushed out of the office and

fortunately he met one of the Presidential convoy drivers, Mr. Aaron Matabwa. He

instructed him to rush and quickly get the ambulance and bring it to the front of the

building. After giving that instruction, Dr. Namarika jumped into the Deputy Director

General’s car and asked the driver, Mr. Yesaya Khuze, to drive him to his house to pick

his medical equipment.

Onthewaytohishouse, Dr. Namarika met with the President’s personal nurse, Mrs.

Thenjiwe Dissi Mittawa, at one of the gates to State House. Dr. Namarika advised her

that the President had collapsed. The nurse accordingly rushed to the entrance of the

State House where she met the ADC, the Guard Commander, and Mr. Kamanga who

had got downstairs through the lift carrying the President. It is in evidence that at this

point the President’s nurse took the President’s blood pressure which read 102/57, his

pulse rate was 74 and blood sugar was 14.3.

2.2.5 Referral to Kamuzu Central Hospital

It is in evidence that when the President was brought downstairs he was briefly kept

in the lift as they were waiting for the arrival of the ambulance. When the ambulance

arrived, the President was immediately taken into the ambulance that had been parked

directly by the entrance of the State House. The ambulance was a black Toyota Land

Cruiser registration number MG944AB.At this moment Dr. Namarika had just returned

from his house and he jumped into the ambulance which then started off for Kamuzu

Central Hospital.

In the ambulance were the ADC, Dr. Namarika and Mrs. Thenjiwe Dissi Mittawa.

Then another vehicle carried the Presidential Guard Commander, Mr. Mwapasa, the

Director General of State Residences, Mr. Sawerengera, and Mr. Benfrey Kamanga.

The Commission heard in evidence that at the time that the President was being carried

into the ambulance, he was gasping for breath and groaning deeply. The two vehicles

started off at the same time.

The Commission was informed that while on the way to the hospital, the personal

physician was trying to secure the airway to ensure that the President was breathing

and that there was circulation (the medical procedure called ABC). He was however

not able to complete the process.

The Commission was informed that about November 2011, Dr. Namarika was

involved in a road accident on his way to Ndata Farm House, the President’s private

residence in Thyolo. Following the accident, Dr. Namarika suffered a dislocation of his

left arm and was undergoing physiotherapy at the time of the President’s collapse. Dr.

Namarika told the Commission that he could not effectively use his left arm because it

had very limited movement. The Commission established that the doctor could not

successfully secure the airway at the time of the President’s collapse because for him

to do that he had to intubate the President. He could not intubate the President because

to do that, he had to elevate the President to get the path to the neck. The doctor could

not manage to dothat because of the limitation that he had in the use of his arm and that,

in his own words, “the President was so big”. This was coupled with the fact that he did

not have the intubation kit at the time that he had proceeded to check the situation in the

President’s office after receiving a call from theADC. The doctor told the Commission

that he therefore only resorted to mouth to mouth resuscitation while in transit to the

hospital. An attempt was made to put an intravenous line (IV line), a drip as it is

commonly known, on the President but this was not possible. They only managed to

insert a canula but no IV line was mounted.

The Commission was informed that while in transit, attempts were made to call

Kamuzu Central Hospital on its numbers 01754725 and 01756900 so that the hospital

could prepare to receive the President as a patient. But the calls could not get through.

Dr. Namarika told the Commission that out of the 10 switchboard numbers only those

two numbers were working. He explained that the Hospital Director of KCH, Dr.

NoordeenAlide, was not informed about the emergency because Dr. Namarika did not

have his number readily.Apart from that Dr. Namarika noted that the Hospital Director

in that capacity was an administrator and it was going to be necessary to call him after

stabilization of the patient. The hospital was therefore not warned or made aware that

the President was being rushed to the hospital.

The Commission was informed that in the accompanying vehicle to the hospital,

the Presidential Guard Commander made calls to the Inspector General of Police, Mr.

Peter Mukhito, and to the Director of National Intelligence Service, Mr. Bintony

Kutsaira, advising them on the developments. The Director General of State Residences

made calls to Hon. Peter Mutharika. He also called the First Lady, who at the time was

in her office within the State House attending to her morning appointments.

According to the testimony, the drive to the hospital took approximately 15 to 20

minutes.

2.2.6 Arrival and Reception at Kamuzu Central Hospital

Upon arrival at Kamuzu Central Hospital, the ambulance went straight to the

casualty section and parked at the car park adjacent to the entrance of the Casualty

Department. The ADC and the Presidential Guard Commander rushed to the intensive

care unit (ICU) where they met an anesthetist, Mrs. Stella Warren, and asked for help.

Uponhearing of the emergency involving the State President, Mrs. Warren immediately

rushed out and went into the ambulance that was waiting outside. She told the

Commission that as she was rushing there she met Dr. Isyu Mwakasungula of the

Casualty Department, who had also been alerted about the situation and was looking for

a trolley on which to take the President into the ICU. When a trolley was identified, the

ambulance was beckoned to reverse to the entrance of the casualty section. It reversed

and the medical staff carried the President onto the trolley.

Mrs. Stella Warren testified to the Commission that at the time she went into the

ambulance where the President was, she noticed that “the President was dead”. Dr.

Isyu Mwakasungula also testified that at the time that they were carrying the President

onto the trolley, he was motionless and there was no response of any sort from him. His

eyes were closed. In Dr. Mwakasungula’s opinion it gave the impression that the

President was critically ill or unconscious or was dead.

2.2.7 Admission and Treatment in the ICU

After the President was hoisted onto the trolley, he was taken straight into the ICU.

He was laid on bed Number 1.The bed was vacant at the time because the patient who

wasthere before had been discharged earlier that morning. The ICU records indicate that

the President was admitted in the ICU at 11:30 am. At the time of the President’s

admission there were also other beds which were vacant in the ICU. The Commission

established that some statements that had been made in some quarters to the effect that

some patients were moved out of the ICU to make room for the President were not true.

The medical personnel who received the President in the ICU observed that the

President was unresponsive as they were bringing him in the ICU. His pupils were fixed

and dilated. This was confirmed on the ICU records presented to the Commission. On

the records, the Glasgow Comma Scale (GCS) was recorded as 3 out of 15, meaning that

there was no eye response, no verbal response and no movement. The Commission

was informed that, medically, this is the lowest a patient can get to on that scale. The

chances were that the President had already died.

After placing the President on the bed Mr. William Banda, an anesthetist, took an

intubation kit and started intubating the President. In his own evidence, Mr. Banda

explained that the process of intubation is a difficult one. It is very painful to the patient

and he stated that, even in the case of a person who is unconscious, it is usually a

difficult process because such people do react. This renders it a rather difficult medical

procedure to administer. Mr. William Banda testified that in this case, however, there

was no problem at all when he was intubating the President. There was no reaction

whatsoever and the tube just went in without any problems as there was no response

from the President. To Mr. Banda, this was a sign of no life.

After the President was intubated, he was also ventilated through an ambubag and

then connected to an electrocardiogram (ECG) machine. It was noted that the ECG

reading produced a straight line, which in medical terms is referred to as “asystole”. A

straight line is usually a sign of no life.Acentral line was also inserted and the medical

personnel started giving the President adrenaline and other drugs. However the

Commission received testimony that some essential emergency drugs were not

immediately available in the ICU such that some ICU staff were assigned to look for

those drugs elsewhere within or outside the hospital. A catheter was also inserted in a

bid to collect urine samples. However there was no urine output, which was another

sign of no life.

After this preliminary process, the ICU team started cardiopulmonary resuscitation

(CPR) on the President. The process was being supervised by the President’s personal

physician, Dr. Dan Namarika. He could not himself take part in the process because of

the limitations in the use of his arms as has been explained.

It was heard in evidence that due to the compressions during the CPR, there were

some readings on the ECG monitor. These were however disappearing at each interval

and the ICU team concluded that such readings were CPR dependent.After doing CPR

continuously for about 30 minutes, it was the view of the ICU staff that the President

wasdeadandthat they should abandon the procedure. However, the President’s personal

physician, Dr. Dan Namarika, advised that the CPR should continue.

During the CPR procedure defibrillators were also brought in to try and shock the

President to induce heartbeat. These were tried on the President up to the maximum

level for four times but there was still no response. After carrying on with the CPR for

another 30 minutes, the staff in the ICU got tired. The President’s physician was asked

if they could stop the CPR but he refused and insisted that it goes on. As the CPR

continued, it was noted after an hour that they had broken some ribs on the President in

the process. Dr. Carlos Valera, a specialist surgeon, placed chest drains on the left and

right side of the President’s body. This had a negative effect on what would have been

the intended effectiveness of the resuscitation. The CPR however continued on the

instructions of Dr. Namarika.

In his testimony, the Hospital Director, Dr. Noordeen Alide, explained that he

received news about the late President’s illness and admission at Kamuzu Central

Hospital from Mr. Albert Khuwi, a Pharmacist at KCH. He therefore rushed to the

hospital and arrived there just after 11:30 am and went straight to the ICU. Having seen

the frantic efforts to resuscitate the President, he made an impression of the situation.

In his words, he was of the view that the President was dead. He also inquired from Dr.

Varela, the Head of Surgical Department, who confirmed to him that people should just

accept that the President was dead. Dr. Alide informed the Commission that he

proceeded to the room beside the ICU with a view to advise the Chief Secretary, Mr.

Bright Msaka, SC, who was already there, of the position.

Dr.Alide informed the Commission that before he could talk to the Chief Secretary,

the President’s brother, Hon. Peter Mutharika, who was also in the room, stood up. Dr.

Alide introduced himself and then advised Hon. Peter Mutharika that the situation was

hopeless and that they should start planning for the next stage. He further advised Hon.

Mutharika and Mr. Msaka, that they will hear officially from Dr. Namarika.After taking

leave of them, Dr. Alide advised Dr. Namarika to proceed to inform the family on the

matter. It is in the evidence of Dr. Alide that Dr. Namarika reluctantly proceeded to

inform Hon. Peter Mutharika. It is on record that Hon. Mutharika responded by saying

that they should still continue with the resuscitation efforts since the CPR procedure

could be continued for up to three hours according to some medical literature that he had

come across.

Dr. Alide told the Commission that he further observed that there was no senior

official from the Ministry of Health present at the hospital at the time. He therefore

called the Principal Secretary for Health Dr. Charles Mwansambo, who was at that time

in Zomba, and advised him about the situation. He informed the Commission that after

a while, the other Principal Secretary for Health at the time, Mr. Willie Samute, came

to the hospital and then later the Minister of Health, Hon. Dr. Jean Kalirani, also came.

Dr. Alide briefed Hon. Dr. Kalirani and Mr. Samute about the hopelessness of the

situation. He advised that there was need to call Dr. Wesley Sangala, the most senior

anesthetist specialist, to come and assess the situation and give the way forward because

the anesthetists who were in the ICU were all at the level of clinical officers. Dr. Alide

was given the go ahead by the Minister and Mr. Samute to contact Dr. Sangala.

It was the evidence of Dr. Wesley Sangala that he received a call from Dr.Alide, the

Hospital Director, advising him of the development. Upon hearing the news, Dr. Sangala

immediately rushed to the hospital. When he arrived in the ICU he found that the

monitors were flicking because of the compression during the CPR, and noted that two

chest drains were inserted on both sides of the President’s body. He touched the

President and his body was cold. He immediately ordered that CPR be stopped, and

then he checked on the ECG. He noted that there was nothing on the ECG monitor. In

his view, the President was dead. This was around 1:50 pm.

After Dr. Sangala reached that conclusion, it is in evidence that a team of four

doctors at the hospital, namely, Dr. Sangala, Dr. Alide, Dr. Varela and Dr. Namarika

proceeded to Dr. Alide’s office where senior Government and other officials had

relocated to from the room beside the ICU. There were three senior Government

officials in the office. These were Hon. Peter Mutharika, Hon. Goodall Gondwe and

the Chief Secretary, Mr. Bright Msaka, SC.

It was the evidence of Dr. Sangala, Dr. Varela and Dr. Alide that the team told the

three officials that the President had passed away. The doctors told the Commission that

this communication was in words or language that could not have been understood in

any other way than to convey the message that the President had died. Dr. Sangala told

the Commission that he and the other doctors noted that after this communication, the

room was dead silent.

The Commission was told that it was at this point that the late President’s brother,

Hon. Peter Mutharika, began talking about the issue of the postmortem examination of

the President. Dr. Sangala vividly recalled that Hon. Peter Mutharika actually mentioned

the word “autopsy” in the discussions. The issue was discussed in the office and the

Hospital Director made calls to Dr. Steve Kamiza, a pathologist in Blantyre, who did

not pick his call. He then called Dr. Charles Dzamalala, another pathologist in Blantyre,

who picked his call but quickly told Dr. Alide that he would call back. He did not call

back.

Back in the ICU, it was agreed on instructions from Dr. Sangala that the body of the

President be moved to the side room. This was done. In the side room, the body was

covered in linen and a ventilator remained connected to give the semblance that they

were still doing something to the President as patient. It was then decided that family

members be called in to view the body of the President.

It is in the testimony before the Commission that the first to proceed and view the

body wasthe First Lady, Madam Callista Mutharika. She went into the side room, stood

for a few seconds and came out. Then came the President’s daughter, Mrs. Duwa

Mutharika-Mubaira, who was accompanied by a certain lady, probably a security officer.

She went in and stood at the door of the side room and started crying. She was then led

out. The third person to come was Hon. Peter Mutharika. He came in and then left the

room. The last person to come into the room was Father Taylor, a Catholic priest.

Father Taylor told the Commission that he was visiting the hospital that Thursday.

In the afternoon, he heard that the President had been taken ill and was admitted in the

ICU. He proceeded to the ICU where he met the First Lady. He asked her if he could

be allowed to go and see the President. He was told to wait for a few minutes. He was

then allowed to go in and see him in the side room. He touched the body and observed

that it was cold. He then said his prayer which was responded to in Catholic tradition

by Mrs. Stella Warren who was attending to the body and is a Catholic.To FatherTaylor,

he gave the last anointing prayer.

In her evidence Mrs. Stella Warren told the Commission that in the ICU, there is a

form on which the ICU staff record all readings that patients generate. She took the

form and started writing the name of the President and recorded all the readings on the

machine and indicating that there was no response. She was however restrained by the

In Charge of ICU, Mr. Clement Kadyaudzu, who told her to write that everything was

fine as per instructions from Dr. Namarika.

Dr. Hetherwick Ntaba submitted in evidence that he proceeded to the hospital when

he heard that the President had been taken ill. Upon reaching hospital, he went straight

to the ICU where hefound the Minister of Health, Hon. Dr. Jean Kalirani. He found her

escorting the First Lady, Madam Callista Mutharika, to the side room in the ICU where

the President was. When the First Lady and Hon. Dr. Kalirani came out of the side

room, he noted that the First Lady was very distressed and was in tears. Dr. Ntaba told

the Commission that he and Dr. Kalirani left the ICU together and headed for the

Hospital Director’s office. On the way, Hon. Dr. Kalirani briefed him that the President’s

state was hopeless. She further told him that it was doubtful if the resuscitation efforts

going on would bear any results.

When the two went into the Hospital Director’s office, they found Hon. Peter

Mutharika, Hon. Goodall Gondwe and the Chief Secretary, Mr. Bright Msaka, SC. Hon.

Dr. Kalirani briefed the group that the resuscitation efforts were still underway but there

were doubts if they were going to achieve any results. She further noted to the group that

even in the event that the resuscitation efforts succeeded, the President would not be the

same person as he will be reduced to a vegetable.As they were discussing, Dr. Namarika

came into the office and reported that the air ambulance team, which had earlier been

contacted by the Chief Secretary, was asking about the condition of the President with

a view of finding out whether the patient would be in a stable condition to make the trip.

He went on to say that since the President has failed to respond to the resuscitation

efforts for some time, the air ambulance team would not come if he told them that the

President was ‘no more’. It is in Dr. Ntaba’s evidence that the Chief Secretary told Dr.

Namarika to advise the air ambulance crew that they were still trying to resuscitate the

President because it was still very important that the air ambulance crew should come.

It was in the evidence of Mr. Willie Samute that he received a call from his fellow

Principal Secretary, Dr. Charles Mwansambo, about the President’s illness and

admission at Kamuzu Central Hospital. Upon hearing the news he rushed to the hospital.

At the hospital he first met with the Hospital Director, Dr. Alide, and the Director of

Clinical Services at the Ministry of Health headquarters, Dr. Chithope Mwale. They

proceeded to the Hospital Director’s office where they were joined by the Hospital

Matron. He wasgiven aquick brief about the situation. He was advised that the situation

was very critical.

Mr. Samute told the Commission that as he, Dr.Alide, Dr. Chithope and the Matron

were there in the office, the Minister of Health, Hon. Dr. Jean Kalirani, appeared. She

was briefed about the situation. She then proceeded to the ICU. Mr. Samute submitted

that after some 30 minutes the Minister came back from the ICU and told him that the

doctors were still trying but the situation was hopeless. She even went further and stated

that if it was an ordinary person “we would have said kuti talephera [that we have

failed] but this is HE”. She then further asked everybody to leave the hospital because

their presence was attracting attention.

Mr. Samute wasthen requested to handle the high profile people who were lingering

in the corridor at the ICU. He led these high profile people, who included the Chief

Secretary, to the Hospital Director’s office. They were joined at the office by Hon.

Goodall Gondwe, Hon. Peter Mutharika and later by others.

It was further Mr. Samute’s evidence that before the high profile people left the

hospital, they had a caucus in the Hospital Director’s office. Mr. Samute confirmed that

at some point, the doctors, including Dr. Sangala, went to meet the high profile people

in the Director’s office. He stated that as Dr. Sangala was going to see the Ministers

and the Chief Secretary in the Director’s office, he told him that “sizili bwino” [things

are not well].

It was Mr. Samute’s evidence that his first impression, after Dr. Alide had briefed

him as he was arriving at the hospital, was that it was very clear that the President had

died. He stated that in our Malawian culture he got the sense that it was very clear that

the President had died. He explained to the Commission that he left the hospital around

3 pmandwenthome.Hereturnedtothehospital later in the day and remained there until

the ambulance had left for Kamuzu International Airport in the evening.

According to the evidence of Hon. Dr. Jean Kalirani, she had an appointment for

audience with the President on that day. Her appointment was at 11:30 am, after the

President’s appointment with Hon.Agnes Penemulungu. While at State House waiting

for her turn, she noted a delay in being ushered into the room for audience with the

President, but had not been informed about the incident of the President’s collapse. She

was later advised that the appointment was cancelled.

Hon. Dr. Kalirani informed the Commission that she was later duly informed as

Minister of Health that the President had been taken ill and was admitted at Kamuzu

Central Hospital. She went to the hospital where she found the President’s situation to

be indeed critical. In her few words to the Commission she explained that she was not

aware that the President had died. She only knew about the death of the President when

it was officially announced on MBC radio on 7thApril, 2012.

It is worth noting, however, that it was Mr. Samute’s evidence that on the evening

of 5th ofApril, he and Dr. Mwansambo went to Hon. Dr. Jean Kalirani’s house to meet

her over the day’s events in her capacity as Minister of Health. At the house, they

reviewed what had happened on the day and discussed the state of the President. It was

very clear in their discussions that the President had died. Mr. Samute told the

Commission that what was discussed at the meeting was simply to do with death

logistics such as confirmation of death, whether it was done or not, and the date of

death. At the meeting, Hon. Dr. Kalirani asked the Principal Secretaries to ask our

Malawian Pathologist, Prof. George Liomba, to travel to South Africa for duties in

relation to the President’s postmortem examination.

The Commission heard evidence that Dr. Liomba was also the preferred choice of

a pathologist by the President’s close family members.

2.2.8 Arrival of Air Ambulance Doctors and Preparations for Departure

The Commission has it in testimony that around 7 pm, the doctor and nurse from

SouthAfrica who came with the air ambulance arrived at Kamuzu Central Hospital and

went to the ICU. They were collected from the airport in a State House vehicle. They

entered the side room where the President’s body was kept. Dr. Namarika gave the two

handovers as the nurse was busy connecting their own machines to test the ‘patient’. The

two were talking in their language, probablyAfrikaans. In the course of monitoring the

machines, the visiting nurse told the doctor “asystole”, meaning no life. The doctor

then immediately asked Dr. Namarika whether the family members knew about the

death of the President to which he replied that the family was aware. The doctor then

asked Dr. Namarika whether the public knew about it to which Dr. Namarika answered

that the public did not know. Then the doctor further asked Dr. Namarika as to why the

body of the President was still connected to the ventilator. Was it pretence that there

was still life? Dr. Namarika replied confirming that it was the case.

At this point, the air ambulance nurse began disconnecting their machines and the

ventilator. The air ambulance doctor asked about the chest drains and an explanation was

given about the broken ribs. They further asked about the distended abdomen and an

explanation was given that they had earlier on inserted a naso-gastric tube (NGT) but

nothing was coming out. The air ambulance doctor gave directions to have the same

procedure tried again. Mrs. Stella Warren and Mr. Clement Kadyaudzu repeated the

procedure but still with no results. The doctor then advised them to stop.

At this point, according to the testimony of Mrs. Stella Warren, the body of the

President began to bleed from nose and mouth. The South African medical personnel

got worried since they did not want their linen to be stained in blood.Accordingly, Mrs.

Stella Warren got some gauze and packed it in both nostrils. This did not work. More

gauze was used to cover the nostrils, and a diaper was used to cover the mouth and then

she tied it with linen. As they were working on the body turning it upside down, the

bleeding started again and Mrs. Stella Warren made sure that she cleaned and dressed

the body accordingly in readiness for evacuation to South Africa. It is in evidence that

at this stage the body was being handled as a dead body.The body was then moved from

the side room onto the trolley ready for departure to Kamuzu International Airport.

2.2.9 Departure for the Airport

The news about the illness of the President had fairly spread. A lot of people

including media reporters had gathered at the hospital. The State House ambulance that

was intended to carry the body of the President was parked at the basement exit, facing

the mortuary. There were people all over the place.

In a bid to maintain security when taking the body to the airport, the security detail

headed by the Guard Commanderdevisedaplan.They called for an ordinary ambulance

from State House and gave instructions that it should proceed and park at the Ethel

Mutharika Maternity Wing. This instruction was executed and a white Toyota Land

Cruiser ambulance, registration number MG955AB, came to the hospital and was

parked at the entrance of Ethel Mutharika Maternity Wing. The body of the President

was wheeled on the trolley to the exit of the Ethel Mutharika Maternity Wing. It was

hoisted into the ambulance and they started off for the airport. In the ambulance, there

were the two air ambulance medical personnel from South Africa, Dr. Namarika, and

two other medical personnel from KCH, namely, Mr. Bonny Lungu, an orthopedic

technician, and Mrs. Stella Warren, an anesthetist.

As the ambulance was about to arrive at the airport, the air ambulance doctor

disclosed to the medical team in the ambulance that they were not taking the body to

SouthAfrica. He explained that they had initially thought that they were taking a patient,

which was not the case at the time.

2.2.10 Events at Kamuzu International Airport

The Commission received evidence that as the ambulance was on its way to the

airport, the Guard Commander issued instructions to the Airport Commandant, Mr.

Steven Mkandawire, advising him and all his staff to vacate the apron where the air

ambulance had parked. He advised him that only staff from State House should be

present.Afurther call was also made to the Officer-in-Charge,Airport Police, Mr. Davis

Mulepa, with a similar message.All airport members of staff, including Airport Police

and the Officer-in-Charge, Immigration, Mr. Hudson Mankhwala, and all his staff,

vacated the apron area and retreated to their offices.

The ambulance carrying the body of the President arrived at the airport around 9 pm.

There were some Cabinet Ministers and Government officials at the airport. The

ambulance proceeded into the airport through the technical gate, and not through the VIP

section, and drove straight to the apron where the air ambulance was parked. The body

was taken into the air ambulance. The First Lady, Madam Callista Mutharika, Dr.

Namarika and the President’s daughter, Mrs. Duwa Mutharika- Mubaira went into the

air ambulance as well, ready to take off.

Some few minutes after boarding, the captain of the air ambulance alighted and

headed towards the main terminal building of the airport. It was learnt that the pilots

were refusing to fly because they did not have clearance to fly a dead person. They

explained that they could not fly under those circumstances until they were given

clearance. They demanded that the body be taken back into the motor vehicle ambulance

on the ground. The air ambulance medical personnel also demanded their linen back.

The medical personnel from KCH had to plead with them as there was no other linen

around, meaning that the body would remain uncovered without that linen.At this point,

the First Lady, Dr. Namarika and Mrs. Duwa Mutharika- Mubaira alighted from the air

ambulance and returned to the VIP Lounge where they remained waiting.

Discussions between Malawi and South Africa then ensued. According to the

testimony by Mr. Bintony Kutsaira, the Director of National Intelligence Service, the

intelligence authorities in South Africa called their counterparts in Malawi and made

reference to the earlier request to fly the Malawi President to South Africa. They

indicated that they had news that the President had died and demanded to know why

there was need to fly the body to SouthAfrica. Mr. Kutsaira told the Commission that

following that discussion he talked to the Chief Secretary, Mr. Bright Msaka, SC, to

have clarification on why the body was being taken to South Africa. Mr. Msaka gave

the clarification to Mr. Kutsaira. The matter was then clarified to the intelligence

authorities in SouthAfrican. They were advised that there was need to take the body to

South Africa for postmortem and embalming, and to allow for time for preparation for

burial. Mr. Kutsaira informed the Commission that according to his information,

clearance to fly the body to South Africa was later given by President Jacob Zuma

through the South African Ministry of Foreign Affairs. Mr. Kutsaira told the

Commission that few days later, he got the approval of the President, after she had

assumed office, and travelled to South Africa specifically to brief his counterpart

regarding the developments in Malawi during that time.

After the flight was cleared to land in SouthAfrica, another complication arose. The

pilots refused to fly stating that their flying time hours had expired. This caused further

delay. It was heard in evidence that as the medical personnel were trying to take the

body down from the air ambulance, Hon. Peter Mutharika asked them to wait. The

Commission was told that Hon. Peter Mutharika, as Malawi’s Minister of Foreign

Affairs, made calls to his counterpart in South Africa to intervene on the matter. The

ZimbabweAmbassadortoMalawi, whowasalsotheDeanofDiplomatic Corps, and the

South African High Commissioner to Malawi were also called to the airport to try and

intervene in the stalemate. These two diplomats came to the airport and proceeded to

where the air ambulance was. As these discussions were going on at the airport, the

Principal Secretary for Health, Dr. Charles Mwansambo, made a call to Kamuzu Central

Hospital asking them to prepare a bed in the ICU for the President since it was not clear

whether the air ambulance was going to depart.

Dr. Hetherwick Ntaba testified to the Commission that when this stalemate was

going on he raised with his colleagues there the risk of the matter getting out of hand

in trying to create a media blackout on the state of health of the President and suggested

to the Chief Secretary that it would be better instead to take the body to State House as

that would provide better security in managing the situation. Dr. Ntaba told the

Commission that this proposal was presented to Hon. Peter Mutharika and Hon. Goodall

Gondwe who agreed to the proposal. Thus, there was therefore also the consideration

of taking the body to State House.

After lengthy discussions the pilots reluctantly agreed to fly. The First Lady, Dr.

Namarika and Mrs. Duwa Mutharika- Mubaira had to rush to board the air ambulance

this second time. It is in evidence that the air ambulance finally took off around 12

midnight. There was evidence from some airport staff that the pilots took off in an abrupt

manner leaving the people wondering if a patient would survive such take off.

2.2.11 Hospital Records Regarding the Late President at the Kamuzu Central

Hospital

The Commission was furnished with a copy of the late President’s hospital record

at Kamuzu Central Hospital.

Firstly, the Commission noted that the ICU record did not have the name of the

patient. It is impossible without any name to ascribe the report to be the hospital record

for the late President. Secondly, the record showed conflicting dates of admission. While

the first page showed 4th April 2012, the second page showed 5th April 2012. We are

all aware that the President was taken ill and admitted at KCH on the 5th and not the

4th as indicated on the first page of the record. Thirdly, a discussion with the medical

personnel from the ICU disclosed that the second page of the document shows certain

figures as heart rates and blood pressure readings. These readings were disputed by the

hospital staff who indicated that they were misleading because they were taken during

CPR. In actual fact the President was not breathing at all. The readings were CPR

generated.

It was further noted that the Doctor’s notes and the Nurse’s notes were not complete.

All in all, the record has been disowned by the ICU Nurse In Charge, Mrs. Atupele

Mwalwanda Gumbo, who was in charge in the ICU during that time. It was also

disowned by Mrs. Stella Warren who was active during the entire admission of the late

President. The record also shocked the Principal Secretary for Health, Dr. Charles

Mwansambo.

The Commission further noted that the recording of readings and the treatment of

the patient, meant to have been the late President, ended at 3 pm. This shows that the

President was not alive beyond this point because the record would have continued to

show some reading after 3 pm if he was alive beyond that time.

2.2.12 State House Press Release On the President’s Illness.

Onthe evening of 5thApril 2012, State House issued a Press Release regarding the

condition of the President. The press release was aired in the evening news bulletin on

the Malawi Broadcasting Corporation radio and television at 8 o’clock. Among other

things, the press release indicated that the President had been taken ill and had been

flown to South Africa for specialist treatment. It further indicated that all Malawians

were going to be informed about the President’s condition. At the time that this press

release was being aired, the President had long died. The question before the

Commission was who authored the statement?

TheState House Press Officer, Mr.Albert Mungomo, told the Commission that State

House press statements normally originated from three sources. There would be press

statements issued by the Democratic Progressive Party, and he would edit and release

them, or they would originate from the Office of the President and Cabinet, and he

would also edit and release them or in some cases the statements would directly

originate from his office. In this case he clarified to the Commission that the statement

came from the OPC through the Chief Secretary, Mr. Bright Msaka, SC. He told the

Commission that he only made one or two changes to the press release to suit the media

taste. Mr. Bright Msaka, SC, however, vehemently denied having authored or dictated

the press release24.

2.3

EVENTSINSOUTHAFRICA

2.3.1 Hiring of Air Ambulance

The Commission heard that on 5thApril 2012, Mr. Edward Sawerengera, Director

General of State Residences, called the High Commissioner of Malawi to the Republic

of South Africa, Her Excellency Mrs. Agrina Mussa. She missed the call. When she

called him back, Mr. Sawerengera advised her that he had already spoken to her deputy,

Mr. Alexious Godiya, and that she should check with him. The phone call that Mr.

Sawerengera had made to Mr. Godiya was to request the Malawi Mission in South

Africa to arrange for an air ambulance to airlift the President from Malawi because he

had been taken ill. Mrs. Mussa told the Commission that this information was also

confirmed by the Chief Secretary whom she had spoken to earlier.

The High Commissioner and her deputy made enquiries about air ambulance

services in South Africa. It is in evidence that the Chief Secretary told the High

Commissioner to contact Net Care Rescue International in South Africa. When they

madethe contact, Net Care confirmed that an air ambulance was available.They further

indicated that they were ready to proceed once they get a letter of guarantee from the

High Commission. Arrangements were made by the High Commission and a letter of

guarantee to meet the expenses was written and sent to Net Care Rescue International,

and the air ambulance was secured25. That letter dated 5th April 2012 bore the

President’s name as “Daniel Phiri”. The name Daniel Phiri was also the name for the

President on the Airport exist documents for his evacuation to South Africa. The first

24. See transcript of the State House press release as broadcast on MBC Radio 1, at 8 p.m. on 5th April 2012, attched as

Annex 8.

25. Two letters are attached as Annex 15 and Annex 16.

letter was later replaced with a second letter dated 6th April 2012 bearing the correct

name of the President.

The HighCommissioner then sent Mr. Godiya to Milpark Hospital in Johannesburg

to appreciate the arrangements that the hospital had made in readiness of the arrival of

the President. The Commission was informed that the Malawi Mission in SouthAfrica

identified Milpark Hospital because it had Presidential or VVIP wards.

Sometime in the evening, Mr. Godiya received a call from Mr. Charles Thupi,

Deputy Director General of State Residences, advising him that the air ambulance was

not going to fly out of Malawi that night because they were waiting for the condition

of the President to stabilize. However, Dr. Thupi later called Mr. Godiya and advised

him that the air ambulance had departed Lilongwe. The same information was given to

Mr. Godiya bythe HighCommissioner, Mrs. Mussa. Mrs. Mussa then asked Mr. Godiya

to proceed to Lanseria InternationalAirport to facilitate the arrival of the President. The

port of entry was however later changed, and Mr. Godiya was later told to proceed to

Waterkloof Air Force Base in Pretoria.

2.3.2 Arrival of the Air Ambulance in South Africa.

The air ambulance landed at the airbase around 2:30 am in the morning of 6thApril

201226. The VVIPpatient, as was supposed to be the case, was welcomed by the South

African Chief Director responsible for Consular Services at the Department of

International Relations and Cooperation (DIRCO), Mr. D. Naidoo, the Commander of

the South Africa National Defence Force, General S.Z. Shoke and the Malawi High

Commissioner to SouthAfrica, Mrs. Agrina Mussa.

In her testimony, Mrs. Mussa submitted that as was the case elsewhere, when a

President travels to another country, the Ambassador of the President’s country is

responsible for receiving the President at the airport. Thus, when the air ambulance

landed Mrs. Mussa went to the aircraft. She was accompanied by Mr. Naidoo.After the

First lady and the late President’s daughter had disembarked, Mrs. Mussa went inside

the ambulance. She told the Commission that she was shocked at what she saw. She

noted that the President had a tube in his mouth and had been laid and strapped on a

stretcher. She did not see any life support tubes or oxygen masks on the President. She

did not see any motion on him. She broke down to the extent that she had to be helped

out of the aircraft by two military officers.

The body of the President was brought out of the air ambulance and taken into a

waiting ambulance straight to One Military Hospital in Pretoria. At the hospital, the

President’s body was taken to the casualty section for only about 15 minutes.According

to the testimony of Dr. Dan Namarika official confirmation of the death of the President

took place at this hospital. The body was then taken away from One Military Hospital

to the Forensic Pathology Services Mortuary, located at Steve BikoAcademic Hospital

in Pretoria.

2.3.3 South African Government Assistance.

The Commission heard that after the body was placed in the mortuary, the

Commander of the South Africa National Defence Force, General S.Z. Shoke called

26. See Notice of death and cause of death of President Bingu wa Mutharika issued at One Military Hospital, Pretoria,

South Africa, attached as Annex 17.

for a meeting. The purpose of the meeting was to inform the parties of the SouthAfrican

Government’s commitment during that period.The meeting was informed that the South

African Government was going to meet the following:

(a) Accommodation for the First Lady and the President’s daughter, Mrs. Duwa

Mutharika- Mubaira, at Johnny Makhathini Government Guest House in

Waterkloof Heights.

(b) Payment for the air ambulance that had carried the body of the late President

from Malawi to SouthAfrica.

(c) Cost for postmortem (autopsy) to be done by senior pathologists.

(d) Cost of embalming byAVBOB embalming services.

(e) Transport in form of two aircraft, one a military aircraft for the repatriation of

the body of the late President and another aircraft (a jet) for the return of the

family and the entourage to Malawi.

(f)

The cost of the casket.

2.3.4 Preparations for Postmortem and Embalming

On Sunday, 8th April 2012, the Principal Secretary for Health, Dr. Charles

Mwansambo, called Prof. George Liomba, a specialist pathologist based in Blantyre

and asked him if he could proceed to South Africa to witness the postmortem and

embalming of the late President. He was advised that he was due to leave the country

the following day, Monday, and return on Wednesday. Prof. Liomba agreed and

proceeded to South Africa as scheduled.

Prof. Liomba told the Commission that upon arrival in SouthAfrica, his bags went

missing at the O.R. Tambo International Airport in Johannesburg. He therefore took

some time at the airport. He finally left the airport for Pretoria in the company of Dr.

Bosco from South Africa and Dr. Namarika. The two had come to meet Prof. Liomba

at the airport. They arrived in Pretoria around 10 pm and Prof. Liomba was taken

straight to the mortuary where the body was lying. While there, they had a meeting with

the medical personnel in which they discussed some pertinent issues.

During the meeting Prof. Liomba and Dr. Namarika were advised that they were

not going to be allowed to participate in the conduct of the postmortem examination

because, being foreign doctors, they first needed to have temporary registration, which

was going to take time to arrange. It was then resolved that they were going to be

temporarily registered only for the purposes of witnessing the postmortem. It was also

agreed at the meeting that the body was going to be examined from the neck down and

that, depending on the findings, the skull may be opened.

The Commission was informed that at the meeting Dr. Namarika gave the medical

history of the late President. Dr. Namarika briefed the meeting that despite being

overweight and having cholesterol, the late President was generally a person of good

health at the time of his death. Prof. Liomba told the Commission that Dr. Namarika also

informed the meeting that the late President was on several regular medications. Prof.

Liomba told the Commission that Dr. Namarika further informed the meeting that in

2009 the President suffered a minor heart attack and was treated for that condition during

his travels to Egypt or Hong Kong. Dr. Namarika gave the same information in his

testimony to the Commission about the minor heart attack that the President is said to

have suffered in 2009.

The meeting was also briefed that after the death, there were still attempts to try and

revive the late President for three hours because family members kept insisting that

they should continue trying. After this briefing, they wanted to discuss the logistics of

conducting the postmortem examination. The meeting however noted that the

pathologist in charge in South Africa was not going to be available the following day,

9th April, as he was appearing in court.

On the following day, Dr. Namarika and Prof. Liomba proceeded to brief the First

Lady about the arrangements.

2.3.5 The Postmortem

Prof. Liomba told the Commission that postmortem was done on Wednesday, 11th

April 2012. Prof. Liomba and Dr. Namarika attended the procedure. Prior to opening

Commission that they noted that the body, the team noted that the late President had

central obesity. Prof. Liomba told the body had started decomposing as evidenced by

the smell and a few flies hovering around. It was noted that both sides of the chest had

turned greenish in colour, which were early signs of decomposition. Two tubes had been

attached on both sides of his chest to take care of emphysema that had resulted from

pierced lungs.

The Commissionwasinformed that when the body wasopened, it was noted that the

intestines were large. The blood was black and the heart was also noted to be bigger than

normal. The weight of the heart was also not normal as the heart weighed 500 grammes.

Thearteries that supplied blood to the heart did not have any recent clots. There was also

no evidence of clots in the aorta. There was blood on the left hand side of the chest and

also in the abdomen. The organs in the abdomen had all normal signs. The team

observed that there was evidence of decomposition of the body.

The teamfurther noted that several ribs were broken especially on the left hand side

of the body. The sternum was also fractured. The kidneys and the bladder were also

opened and there was no evidence of cancer anywhere. In particular they observed no

signs of prostate cancer.

After examining the body and the organs, the team had a mini conference to discuss

their preliminary findings. This discussion involved the South African senior

pathologist, Dr. Namarika and Prof. Liomba. The team concluded that the blood in the

chest and the abdomen was as a result of efforts to resuscitate the late President. They

also concluded that due to the late President’s history of heart attack, he had suffered

cardiac arrest due to irregularities in the beating of the heart. The team therefore made

a preliminary finding that the cause of the death of the President was cardiac

arrhythmia (irregular beating of the heart) leading to cardiac arrest27. The team further

discussed whether it was necessary to open the skull. It was agreed that there was no

point in opening the skull. However, other specimens from the heart, the lungs and the

kidneys were taken for further examination and for toxicology.

The First Lady and the family members who were in South Africa were briefed

accordingly about the findings.

2.3.6 Embalming of the Body

Embalming took place in the afternoon of Wednesday, 11th April 2012. The

Commission was informed that it was the wish of the family to embalm the body for a

period of 100 years. The embalmers however advised that it was not possible to proceed

along those lines and advised that they can only do embalming for 40 to 45 years. This

was agreed to and the embalming took place on that day.

After the process, the South African pathologists requested that the body be left in

open air for four days to allow the embalming fluid settle down in the body. It was

however eventually agreed to leave the body in open air for three days after a concern

was expressed that people in Malawi were waiting. It was also agreed that the body was

going to be taken to Malawi on Saturday, 14thApril 2012.

On Friday, 13th April 2012, dress rehearsals were held at Waterkloof Airbase in

preparation for the repatriation of the body to Malawi the following day. In the evening,

Dr. Namarika proceeded to the mortuary to check the body. On the same day the body

was moved to One Military Hospital where it was laid for the night.

The following day, 14th April 2012, a religious ceremony was held at the hospital.

After the ceremony the body was carried to the airbase where full military honours were

accorded to the late President’s body by the SouthAfrican National Defense Force.As

per the earlier commitment, the SouthAfrican Government provided the military plane

and a jet.

On the issue of embalming, Prof. Liomba told the Commission that in his view the

process had been properly done. He however noted that the body was being embalmed

several days after death and explained that when you embalm a body which is in good

condition, it remains in good condition. He however told the Commission that when

you embalm a body which is already decomposing, what you do is to stop further

decomposition. He further explained that the face of the late President was very dark not

because of the embalming but due to part of the blood that circulates since the body

stayed for a long time on an open place before being embalmed.As a matter of fact, the

body stayed in the open without refrigeration for about 18 hours after death.

2.3.7 Prayers

On the religious side, Mr. Godiya organized special prayers for the late President

which were held at the guest house hosting the First Lady everyday fromTuesday, 10th

to Thursday 12th April.Aholy Eucharistic celebration was held on Friday, 13thApril,

at One Military Hospital. The funeral mass was presided over by His GraceArchbishop

William Slattery of the Archdiocese of Pretoria. He was assisted by some Malawian

priests working in different parts of SouthAfrica who came to Pretoria for the purpose.

He was also assisted by a Chaplain from the SouthAfrica National Defence Force.

2.4

ARRIVALOFTHEBODYINMALAWIANDBURIAL

2.4.1 Arrival of the Body

The body of the late President arrived in Malawi through Kamuzu International

Airport on Saturday, 14th April 2012, aboard a South African National Defence Force

(SANDF)military aircraft. The casket was accompanied by SANDF officers. The other

aircraft, a jet, carried the First Lady and the late President’s children and relatives. The

children included those who had later joined the others in South Africa. They were

accompanied by the Malawi High Commissioner to SouthAfrica, Mrs.Agrina Mussa,

the Minister of Health, Hon. Dr. Jean Kalirani, and senior Government officials from

the South African Department of International Relations and Cooperation.

At Kamuzu International Airport, the body was received by the President of the

Republic of Malawi, Her Excellency Mrs. Joyce Banda, Cabinet Ministers, senior

Government officials and other dignitaries. The casket carrying the late President was

taken down from the military plane by members of the SouthAfrican National Defence

Force. Members of the Malawi Defence Force received the casket from their

counterparts and full military honours were held at the airport. The body was then taken

to State House, Lilongwe.

2.4.2 Condition of the Body Prior to Viewing at State House

In preparation for the arrival of the body in Malawi, two medical personnel involved

in embalming services, Ms. Maggie Ndlovu of College of Medicine and Mr. Lufeyo

Mphimbi of Kamuzu Central Hospital, were called to prepare the body for viewing at

State House. When the body arrived at State House all people were asked to leave the

room in order to allow the medical personnel to prepare the body for viewing.

The two medical personnel informed the Commission that when they opened the

casket, they noted that the body was not wrapped to international standard procedure,

that is, it was not sealed in a metal lining. Instead, it was placed in the casket in plastic

sheeting. They told the Commission that they noted that the casket was glittery but was

not really strong as they discovered that some parts were falling apart.

Thetwomedical personnel told the Commission that they noted that the clothing and

the pillow in the casket were wet. Embalming fluid was coming out through the mouth

and the nose and part of the fluid was drying. They also noted that the hands were

swollen. The skin behind the ears was slippery. Behind the neck, the body showed signs

of decomposition. Overall, it was their assessment that the body could have been in a

better condition.

The two medical personnel informed the Commission that apart from noticing non

compliance with acceptable standards of packaging, the body was not accompanied

with documentation. They informed the Commission that it is a standard international

requirement that the body of a dead person is to be accompanied with proper

documentation when being transferred to another country. In this case, the medical

personnel were not given any documentation.

The two medical personnel had to make quick decisions. They considered whether

to remove the wet clothing from the body, but decided against doing so because they did

not want to cause further damage to the body.They called for a carpenter who came and

fixed the parts of the casket that were falling apart. They got an apron and wrapped the

body and turned the pillow to hide the blood stain. They further had to re-embalm the

mouth andcombedthehair.They applied powder to the face because it had gone overly

dark.

It was after those preparations that the VIPs led by the President, Her Excellency

Mrs. Joyce Banda, and members of the family proceeded to view the body. They were

joined by other dignitaries on that first day of viewing at State House.

In view of what they had observed, the medical personnel explained that it was

possible to re-embalm the body. However, they explained that this was normally done

by wayofincisions and that they would only do it where they knew the cause of death.

They told the Commission that they had no idea of the cause of death since there was

no accompanying documentation.

2.4.3 Viewing by the General Public

The following day, Sunday 15th April 2012, the two medical personnel proceeded

much earlier to State House. Upon arrival at State House, they noted that a few flies

were flying around the casket. It was then decided that a glass cover be placed on the

casket. Accordingly a glass cover was procured from Mamiyo Funeral Parlour and

placed on the casket. On Sunday, 15thApril 2012, the body remained lying in state at

State House. Dignitaries and others continued to view the body.

On Monday, 16th April 2012, the body was moved to Parliament Building for

viewing by the general public which was also led by the State President. After

Parliament Building viewing by the general public continued in Mzuzu on 17th April,

in Blantyre on 19th and 20th and finally at Ndata Farm in Thyolo, the burial place, on

21st and 22ndApril 2012.

2.4.4 Date of Death on the Cross Accompanying the Body

From the day of arrival of the body from SouthAfrica the public noted that the date

of death of the President displayed on the cross accompanying the body kept changing.

Onthedaythat the body arrived from SouthAfrica, the cross had an inscription that the

late President died on 7th April 2012. The following day during public viewing the

original date was crossed out and a new date, 5thApril 2012, was inscripted. Later the

date of 6th April 2012 was inscripted on the cross and that remained the date up to the

time of burial.

2.4.5 Burial of the Late President

The body of the late President was buried on 23rdApril 2012 at Mpumulo wa Bata

Mausoleum at his Ndata Farm Residence in Thyolo District. The burial was led by the

President of the Republic of Malawi, Her Excellency Mrs. Joyce Banda, and was

attended by Government officials and a cross-section of the people of Malawi. Burial

was also attended by foreign Heads of State and Government and other foreign

dignitaries who included the Presidents of Kenya, Mozambique, Namibia, Tanzania and

Zimbabwe; the Vice Presidents of South Africa and Zambia; the Prime Minister of

Zimbabwe, the Chairman of theAfrican Union Commission; the Secretary General of

the Common Market of Eastern and Southern Africa (COMESA) and the Executive

Secretary of Southern Africa Development Community (SADC).

CHAPTER3

EVIDENCETAKENREGARDINGISSUESOFTRANSITIONOFSTATE

POWER

3.1

EVENTSON 5thAPRIL,2012

3.1.1 Discussions at Kamuzu Central Hospital

The illness of the President, his admission at Kamuzu Central Hospital (KCH) and

his eventual death, created panic among Cabinet Ministers, Government officials and

Democratic Progressive Party (DPP) functionaries. Discussions regarding the issue of

succession started right at the hospital in the afternoon of 5th April 2012.

It is in evidence that Hon. Peter Mutharika, Hon. Goodall Gondwe and the Chief

Secretary, Mr. Bright Msaka, SC, discussed this matter as they were sitting in the

Hospital Director’s office at KCH. They wondered what was going to happen in the

country, in terms of succession, bearing in mind that the Vice President, Rt. Hon. Mrs.

Joyce Banda, had left the ruling party and had formed her own opposition political party.

It was in evidence that during the discussions, the Chief Secretary brought up the issue

of the referral case. The three also considered the issue of national security and

wondered how it was going to be handled. At the end, the meeting agreed that it was

important that a meeting be called on the matter with the security officers. It was further

agreed that Cabinet be called the following day to be briefed and to be consulted about

the situation.

The Chief Secretary told the Commission that, while at the hospital, Hon. Peter

Mutharika called him aside. Hon. Mutharika mentioned to the Chief Secretary that this

was a serious situation and asked him if it would not be a good idea for the Army

(Malawi Defence Force) to take over Government. The Chief Secretary told the

Commission that he advised Hon. Mutharika that it was not a good idea. However, in

his own testimony to the Commission Hon. Peter Mutharika denied having ever at any

point discussed such a thing with the Chief Secretary.

The Chief Secretary told the Commission that having heard the suggestion of an

Army take over from Hon. Peter Mutharika, he became uncomfortable. He proceeded

to meet the Malawi Defence Force Commander, General Henry Odillo, who was still

at the hospital at that time. The Chief Secretary asked General Odillo whether theArmy

understood its role in times of such events. He also asked the General if he understood

what the Constitution said in the event of the death of the President.

The Chief Secretary told the Commission that it was very clear from the response

of General Odillo that the military in Malawi correctly understood not only its role in

the situation, but also the constitutional provisions in the event of death of the President.

Hetold the Commission that the response by General Odillo gave him some comfort in

the way his office would handle the development.

3.1.2 Meeting Between the Chief Secretary and the Attorney General

It is in evidence that the same afternoon, 5thApril 2012, the Chief Secretary called

the Attorney General, Justice Maxon Mbendera, SC, for the two of them to meet at the

Chief Secretary’s house. TheAttorney General proceeded to the Chief Secretary’s house

around 3 pm.At the house, the Chief Secretary informed theAttorney General that the

President had been taken ill and he was not giving him a chance. He stressed that the

situation was grim. The Chief Secretary then asked the Attorney General to provide a

legal opinion on what would be the way forward28.

The Attorney General told the Commission that when he was leaving the house of

the Chief Secretary at that point, he got the impression that the President was

incapacitated by the illness but had not died. The Attorney General proceeded to his

office where he, together with his staff, considered the issue of incapacitation of the

President. At around 6pm on the same day, the Attorney General verbally advised the

Chief Secretary that in the event of the President’s incapacitation, the Vice President, Rt.

Hon. Mrs. Joyce Banda, will have to take over asActing President in accordance with

section 87 of the Constitution of the Republic of Malawi.

3.1.3 Call from the Chief Secretary to the Chief Justice

The Chief Secretary told the Commission that on the same day, 5th April 2012, in

the evening he called the Chief Justice, His Lordship Justice Lovemore Munlo, SC, and

asked where he was. The Chief Justice told the Chief Secretary that he had just crossed

the border into Tanzania for a holiday. The Chief Secretary explained the situation back

homeandaskedhimtoreturn immediately because there was need for him to be around.

The Commission established that in that call the Chief Secretary did not disclose to the

Chief Justice that the President had died.

3.1.4 Meeting at Hon. Peter Mutharika’s House

As had been resolved at the meeting among the three senior Government officials

held in the office of the Hospital Director at Kamuzu Central Hospital, a meeting was

convened at the residence of Hon. Peter Mutharika in Area 43. The Malawi Defence

Force Commander, General Henry Odillo, and the Inspector General of Police, Mr.

Peter Mukhito, were invited to the meeting. The meeting was thus attended by Hon.

Peter Mutharika, Hon. Goodall Gondwe, the Chief Secretary, Mr. Bright Msaka SC, the

MDFCommander,GeneralHenryOdillo,andtheInspector General of Police, Mr. Peter

Mukhito.

The Chief Secretary told the Commission that at the meeting, Hon. Peter Mutharika

asked the MDF Commander and the Inspector General of Police whether they were

going to stand with the Government in the crisis. The Chief Secretary told the

Commission that before either of the two could respond, he responded to the question

on behalf of the two. He informed the Commission that he told the meeting that his

view was that, firstly, the two officers had not had time to meet their men and brief

them about the situation and, secondly, that he had already advised the two to follow the

side that was consistent with the law. According to the Chief Secretary, both the Army

28. See the Attorney General’s legal opinion to Chief Secretary attached as Annex 18

CommanderandtheInspector General of Police agreed with the position that the Chief

Secretary had taken. However, the Chief Secretary’s testimony on the position that he

indicated to have taken was not corroborated by the testimony of any of the persons

who attended the meeting.

When the Chief Secretary was recalled to the Commission to shed more light on

this matter, he told the Commission that he did not remember any substantive

discussions at the meeting held at Hon. Mutharika’s house and did not believe that the

Armywasasked to take over the country. He stated that nobody talked about theArmy

taking over Government. He further stated that, at the meeting, Hon. Mutharika was

seeking an opinion on what should be done in the circumstances. However, he

maintained his assertion during his earlier testimony to the Commission that Hon.

Mutharika did approach him at the hospital on 5th April 2012 on what the Chief

Secretary thought about the Army taking over.

According to the MDFCommander,General HenryOdillo, the meeting at the house

of Hon. Peter Mutharika, was chaired by Hon. Goodall Gondwe.About the discussions

at the meeting, General Odillo’s testimony to the Commission was in the following

words:

“So the first individual who opened up the discussion was Hon.

Gondwe. I think to me he gave me the impression that he was the

leading speaker in the meeting. He made a few remarks and he

indicated that since we all know what has happened the country might

be on fire. So we have to see how we handle the situation. Now he

approached me with some suggestions that the military should make

an announcement and after making an announcement possibly take

over the situation of the country until such a time that the political

party organized themselves and then later on take over the leadership

or power. The moment that statement was made I was extremely very

uncomfortable. It was sensed that I was not literally supporting that

idea because at that stage my first remark was that, well, we have a

situation here I think as a government it’s critical that you got to make

decisions. That was my first statement, you got to make a decision, I

think this is a critical moment; you got to make a decision. And then I

wasasked bythe Professor and said, well, what decision do you expect

because we are all here, we are supposed to be making the decisions.

I said no this is a wrong forum. And at that stage the Chief Secretary

intervened and said well I think maybe we need to give more time to

the General to think over this situation. Because unfortunately at that

point I felt, as I said, uncomfortable because I think there is no

provision at all in the Constitution which provides the military taking

over power or getting involved in politics. So that is how it started.

We left the meeting room. I and the Inspector General we left at the

same time.”.

The meeting ended on that note. General Odillo told the Commission that after the

meeting he proceeded to summon senior officers from the MDF for a meeting the

following day to brief them on the situation. The following day the meeting took place

at the MDFHeadquarters at which General Odillo briefed his senior officials about the

situation in the country following the President’s illness and on the need for the military

to abide by the Constitution. He informed the Commission that he did not disclose to

the officers about the suggestion of theArmy taking over because in his opinion he felt

that he needed not make the situation worse. In their testimony to the Commission two

senior MDF officers, Brigadier General Ignacio Maulana and Major General John

Msonthi, confirmed to the Commission that General Odillo did not inform them about

the suggestion for the Army to take over Government.

The Commanderfurther told the Commission that the following day, in the evening,

he received five phone calls which he identified as coming from Hon. Peter Mutharika’s

phone, which he ignored. Shortly after the last call, he received a call from the Chief

Secretary asking him whether he had received some calls on his phone which he did not

answer and if he knew who was calling him and why was he was not picking up the

calls. General Odillo told the Commission that he told the Chief Secretary that he knew

that the phone calls were coming from Hon. Mutharika and he said that he felt he had

nothing to say to him. When Hon. Mutharika testified before the Commission the

question of the phone calls to General Odillo was put to him and he vehemently denied

having ever called General Odillo on the evening of 6th April.

Uponrecall on the matter ofArmy take-over, the MDF Commander maintained that

at the meeting held at Hon. Peter Mutharika’s house, Hon. Goodall Gondwe, who

presided over the meeting, did mention that there was going to be bloodshed in the

country and wondered what the Army could do. According to General Odillo, Hon.

Goodall Gondwe went further and said that the military should proceed and make an

announcement and that it should control the political situation in the country. General

Odillo further told the Commission that the decisions that he was referring to in his

earlier testimony were supposed to be political decisions and he saw that there was need

to be quick enough because any delays in announcing the death of the President would

be opening space for problems.

Ontheissue of the meeting at Hon. Peter Mutharika’s house, Hon. Goodall Gondwe

told the Commission that he could recall that he got a call around 4.15pm reminding him

about the meeting at Hon. Peter Mutharika’s house. He confirmed the attendance of the

five of them at the meeting, that is, Hon. Peter Mutharika, the Chief Secretary, the MDF

Commander, the Inspector General and himself. According to Hon. Goodall Gondwe,

the Chief Secretary did most of the talking. He briefed them about what had happened

and told the meeting that they should be prepared and be ready to deal with the situation.

Hon. Gondwe explained that the MDF Commander was very eloquent during the

discussions and that his view was that the MDF was going to handle the security

situation. To Hon. Gondwe, the head of the Army looked fine in the discussions. He

maintained that the discussion at the meeting centered around the security issues relating

to the ability of the security organs to maintain law and order in the country if things got

out of hand.

Upon recall on the meeting, Hon. Gondwe confirmed that during the discussions at

the hospital earlier in the afternoon, it was observed that there was a possibility of

disorder in the country. Hon. Gondwe told the Commission that at the meeting the

security people were briefed about the situation and it was mentioned to them that during

that time there was a possibility of public disorder bearing in mind that the issue of

succession, likely to be taken to the judges, may take a bit long to be decided by the

courts. He noted that in that event there may be a vacuum. Hon. Goodall vehemently

denied that there was any mention of the Army making an announcement and taking

over Government of the country.

According to the former Inspector General of Police, Mr. Peter Mukhito, when the

Commission called him in the first instance, he stated that he got a call from the MDF

Commander, General Odillo, asking for directions to Hon. Peter Mutharika’s house.

The Commander drove to Police Headquarters inArea 30, where he linked up with the

Inspector General and they proceeded together to the house but in separate vehicles.

According to the Inspector General in his testimony at his first appearance before the

Commission, the discussion at Hon. Mutharika’s house was about the readiness of the

two security branches to handle the security situation. He was not very clear on the

issue of the Army take over the first time that he appeared before the Commission.

In response to a question by the Commission on whether the issue of the MDF

takeover was discussed at the meeting at Honourable Peter Mutharika’s residence, Mr.

Mukhito confirmed to the Commission that indeed the issue was mentioned that when

things get chaotic theArmy should be ready to at least come in. He confirmed that it was

at this point that General Odillo said that the Army could not come in because it was a

political problem and it needed to be sorted out politically.

The Commission having looked and reviewed the strength of the Commander’s

evidence, recalled the Inspector General specifically for him to elaborate on his earlier

statement about the Army coming in should there be chaos. In his testimony on recall

he said as follows:

“Normally we do call the Army to assist. I recall that I said those

words. Perhaps the context in which I said those words was largely

on the part of security mainly on the internal security that where the

Police has failed normally we invite the Army to come in to assist not

necessarily taking over of the Government, no, but I was talking about

the internal security that where the Police has failed, and examples

like the incidences that occurred on 20th July (2011), in both Lilongwe

and Mzuzu where we were incapacitated as Police Service, we really

invited the Army to come in and really they did. So the coming in of the

Army which I actually alluded to was in terms of security and nothing

else.”.

When the Commission asked the former Inspector General whether during that

meeting the Commander of the Malawi Defence Force was asked if theArmy was ready

to run the affairs of State, he responded as follows:

“Now going back to the meeting which actually took place at the

residence of the Honourable Professor in fact I remember that there

was a proposal that in fact they want to take the matter to the court.

But now I think it was between Honourable Gondwe and Honourable

Professor there was that mention to say if we take this matter to court

obviously there was going to be a reaction and now when that reaction

comes, are you as the Army ready to take over. That was really

mentioned and it came from I think in between the two Honourable

Professor and Honourable Gondwe. Yes that was mentioned.”.

Then the Commission asked the former Inspector General what General Odillo’s

response was. He said:

“The General’s response was that what we have here is a political

problem and as a political problem it has to be resolved politically

and not involve us as security agencies. That was the statement he

made. And when we came out, the Chief Secretary and the rest

remained behind and this when we discussed as we were boarding our

vehicles (we took the position) that this was a political problem and

that was our stand as the two security organizations.”.

Hon. Mutharika did indicate when he appeared before the Commission the first

time that there were several meetings at his house. A lot of people came to the house,

and people were having meetings here and there within the premises of the house. He

told the Commission that he did not remember having attended the meeting which

discussed the suggestion of Army take-over. He said it may have been because he was

busy on the phone. Hundreds of calls were coming through his phone from people

within and abroad inquiring about the issue of the President.

When he appeared before the Commission the second time, following his own

request to come and clarify some matters, Hon. Mutharika told the Commission that the

reason that he had decided to come to the Commission again was that the last time that

he had appeared before the Commission, he was asked about the meeting involving

himself, Hon. Goodall Gondwe, the Chief Secretary, the MDF Commander and the

Inspector General of Police that took place at his house. He explained that on the day

that they had the meeting he had just heard the news of the President’s death and was

sleeping when the team came to his house. He told the Commission that he had

truthfully forgotten about the meeting when he came before the Commission the first

time.

Hon. Peter Mutharika further told the Commission that when Hon. Gondwe came

back from the United States, he asked him whether he remembered about the meeting.

He explained that Hon. Gondwe advised him that he remembered about that meeting.

Hon. Gondwe told him that it was the Chief Secretary who had arranged the meeting

and reminded him whatwasdiscussed at the meeting. In his own words, Hon. Mutharika

explained to the Commission about the meeting as follows:

“He[Hon.Goodall Gondwe]reminded meaboutthe meeting, that

the main point about the meeting was that we were concerned

especially considering what happened before, demonstrations,

disorders. What would happen in the country that is in the event that

there is disorder? Is the Army and the Police able to contain it? You

remember how on July 24th, was it 20th, the Police had difficulties

containing the riots that time. We said are you ready in fact this time

if there are riots? And they said they were. And I think that was the

essence of the meeting. Now when after I told Gondwe I called my

former colleague Mr. Kayira here [Secretary to the Commission] and

said can you pass the information to the Chairman, so he said no

actually I needed to come in person to explain that. That’s why I came

here to make sure because I think the question you raised was that

Hon. GondweandIhadbeenasking, I think theArmy, to take over the

Government or something. I just don’t think that’s true because that

was the same time wewerewaiting for the referral. I think the referral

had already been sent to court. So that was the essence of the meeting

and I thought it was important that I clarify that and I think Gondwe’s

testimony, I think, obviously it is confidential, his testimony is

consistent with what I am saying that we were simply interested to

know in the event of disorder could they in fact contain it and they

said they could. So that’s essentially what it was. That’s why I came

here.”.

The Commission clearly established that the testimony of Hon. Mutharika on his

recall in respect of the matter was based on what Hon. Goodall Gondwe told him or

reminded him.

3.1.5 Calling of Meeting of Cabinet Ministers

On the evening of 5th April 2012, the Office of the President and Cabinet (OPC)

issued an invitation to all Cabinet Ministers and Deputy Ministers to a meeting the

following morning at the Office of the President and Cabinet from 9 o’clock. The

invitation was made by phone call by Mr. Clement Chinthu Phiri, Clerk to Cabinet in

OPC, on instructions from the Chief Secretary, Mr. Bright Msaka, SC.

3.1.6 Ministers Converge at Hon. Goodall Gondwe’s House

It is the evidence of the former Minister of Justice and ConstitutionalAffairs, Hon.

Ephraim Mganda Chiume, that on 5thApril 2012 he left Lilongwe for the North.When

the news of the illness of the President broke out he was at Mponela. He called Hon. Dr.

Jean Kalirani who indeed confirmed to him the illness of the President. She advised

him to return to Lilongwe. He immediately returned to Lilongwe. He further called

Hon. Goodall Gondwewhoconfirmed that the President had indeed been taken ill.This

was around 2pm.When he arrived in Lilongwe, he went straight to Hon. Goodall

Gondwe’s house where he found him and Hon. Ken Lipenga. He asked about the

condition of the President and Hon. Gondwe told him that the President was dead. A

discussion ensued amongst them on the development. Hon. Goodall Gondwe asked

Hon. Chiumehis thoughts on what would happen in the situation. Hon. Chiume told the

Commission that he advised Hon. Gondwe that the Constitution was very clear that the

Vice President would take over.

As they were discussing the matter at the house, they were joined by few other

Ministers, including Hon. Dr. Kalirani. The DPP Secretary General, Mr. Wakuda

Kamanga, also joined the group. They were informed that the President was to be flown

to SouthAfrica. Hon. Chiume told the Commission that they all knew within themselves

that the President had died but they agreed to keep it to themselves in order to manage

the situation.

3.2

EVENTSON6thOFAPRIL2012

3.2.1 Meeting Between Ministers Gondwe and Chiume with the Attorney General

Early in the morning of 6th April 2012 around 6:30, the Minister of Justice and

Constitutional Affairs, Hon. Ephraim Mganda Chiume, drove to the house of Hon.

Goodall Gondwe. From there he drove to the house of the Attorney General Justice

Maxon Mbendera, SC.According to Justice Mbendera, Hon. Chiume informed him in

Tumbuka, that “Ba President bali kufwa mayilo”. [the President passed away

yesterday]. The Attorney General was told that a meeting had been arranged that

morning at Hon. Goodall Gondwe’s house to discuss legal options to make sure that

the Vice President did not assume the office of President.As they were discussing, Hon.

Chiume received a phone call from Hon. Gondwe, and they immediately left for his

house.

At the house of Hon. Goodall Gondwe, the issue of succession was raised again.

According to the testimony of Justice Mbendera, which was corroborated by Hon.

Gondwe and Hon. Chiume, he advised the two Ministers that the Vice President, Rt.

Hon. Mrs. Joyce Banda, was the rightful person to succeed the President.At the meeting,

they went through the Constitution to try and find a way of stopping Mrs. Joyce Banda

from ascending to the office of President. They discussed finding a way to seek

interpretation of the court on the matter bearing in mind that Mrs. Joyce Banda was not

a functional Vice President as she was outside Government having formed her own

party, the Peoples Party (PP) which stood in opposition to the ruling party, the

Democratic Progressive Party (DPP). In pursuing this legal route, it was considered that

a court injunction against the Vice President’s ascendancy to the office of President

would be obtained pending the determination of the matter. Hon. Chiume explained

that the plan was to proceed on that route and invoke section 85 of the Constitution as

soon as the injunction was obtained. This was going to allow Cabinet Members to

proceed under section 85 of the Constitution to choose an Acting President and an

Acting Vice President from among themselves.

Hon. Goodall Gondwe confirmed in his testimony that on the morning of 6thApril

2012 Hon. ChiumeandtheAttorney General, Justice Mbendera, came to his house.The

purpose of their coming was for the Attorney General to brief Hon. Gondwe about his

view onthe matter of succession. Hon. Gondwe explained that theAttorney General did

advise that the Constitution was quite clear that the Vice President had to take over. The

Attorney General further advised the meeting that what was being planned would be

illegal. He further suggested the case against the Vice President was weak. According

to Hon. Gondwe, heagreed with theAttorney General on his interpretation. He advised

him that there was going to be a meeting of Cabinet Ministers that morning at 9 o’clock

and it would be advisable if theAttorney General attended and briefed Cabinet Ministers

on the matter.

Hon Gondwetold the Commission that as the three were discussing the matter, His

Lordship the Chief Justice, Lovemore Munlo, SC, came to the house.The Chief Justice

explained to the three that he was on his way toTanzania and had to return when he was

advised of the development by the Chief Secretary, Mr. Bright Msaka, SC, through a

phone call.

On his part, the Chief Justice informed the Commission that he was on his way to

Tanzania on 5thApril 2012 for a holiday. After he had crossed the border into Tanzania

he heard rumours about the death of the President. He contacted the Chief Secretary

who could not confirm about the death but only advised him that the President was to

be flown to South Africa as he was critically ill. He decided to come back home and

arrived in Lilongwe in the early hours of the 6th April 2012. He told the Commission

that he proceeded to Hon. Goodall Gondwe’s house in the morning to try and find out

what had actually happened. He told the Commission that he decided to proceed to Hon.

Gondwe’s house because he was a senior Minister in the set up.At the house, he found

the Minister of Justice, Hon. Chiume, and the Attorney General, Justice Mbendera,

having a discussion with Hon. Gondwe. Upon seeing him the discussion stopped and

Hon. Gondweexcused himself from the other two to speak to the Chief Justice. He told

the Commission that Hon. Gondwe confirmed to the Chief Justice that the President

had indeed died. The Chief Justice asked about the arrangements and was told that

Cabinet was going to meet that morning and that the decision that will be made at the

meeting will be made public29.

It was the evidence of the Chief Justice that upon leaving Hon. Gondwe’s house, he

passed through his friend’s house, Mr. Welford Sabola, and then proceeded to Hon.

Peter Mutharika’s house to offer condolences to him on his brother’s death.

Uponfurther questioning by the Commission, the Chief Justice explained that he did

not have any discussion with Hon. Chiume or the Attorney General except that the

Attorney General advised him not to proceed to Blantyre. He told the Commission that

he the Attorney General did not tell him anything more than that.

The Attorney General confirmed that when he saw the Chief Justice at Hon.

Gondwe’s house he took the opportunity, as legal advisor to the Government, which

included the Judiciary, to ask him to remain in Lilongwe because that is where

everything was going to be happening and that he would have a role to play. The

Attorney General told the Commission that he mentioned to the Chief Justice about the

issue of an impending constitutional application to be filed before court.

3.2.2 Morning Meeting of Cabinet Ministers

The meeting of Cabinet Ministers took place at the Office of the President and

Cabinet in the conference room from 9 am. The meeting was well attended. All

Ministers except Hon. George Chaponda and Hon. Reen Kachere were present. The

Chief Secretary, Mr. Msaka, SC, and his Deputy, Mr. Necton Mhura, the Clerk to

Cabinet, Mr. Clement Chinthu Phiri, and all members that serve Cabinet were present

29. See the notarised statement of evidence submitted to the Commission by His Lordship Chief Justice Lovemore Munlo,

dated 6th September 2012, attached 19. Also see a statement issued by His Lordship’s legal counsel dated 20th, May

2012 attached as Annex 20.

at the meeting. TheAttorney General also attended the meeting on invitation. To ensure

an orderly meeting, the Chief Secretary proposed that the most senior member of the

ruling party do preside over the meeting which was agreed to. Consequently, Hon.

Goodall Gondwe, First Vice President of the Democratic Progressive Party, presided

over the meeting.

Before the commencement of the meeting, the Chief Secretary addressed the

Ministers. He read a statement that he had prepared in advance in which he clearly

stated that the gathering was not a Cabinet meeting since it was not chaired by the

President or the Vice President neither had it been convened by either of them. He

explained that it was a meeting by members of Cabinet consulting among themselves

on the situation at hand. In his statement he advised the Ministers that there was need

for them to be swift and decisive and to remain within the constitutional framework. He

advised them to put the country first in their discussions and that they should put any

other consideration aside. He further advised the meeting that the Constitution was clear

on the issue of succession. He then also advised them that if members of Cabinet had

some doubts, then they were free to seek court interpretation on the matter30.

After the brief address by the Chief Secretary, Hon. Goodall Gondwe opened the

discussion. He explained that the President had been taken critically ill the previous

day and had been flown to SouthAfrica for further treatment. He further explained that

even in the event that the President was successfully resuscitated he would not be able

to perform his duties. At the meeting the issue of the death of the President was not

mentioned at all. The Ministers were advised that the President was incapacitated and

that there was need to chart the way forward on the issue of succession.

The meeting discussed the political situation prevailing that time. It discussed the

possibility of the Vice President, Rt. Hon. Mrs. Joyce Banda, ascending to the office of

President. The meeting recalled that a referral case had been brought up before the

Constitutional Court by the President. The case challenged the legitimacy of Rt. Hon.

Mrs. Joyce Banda serving as the Vice President bearing in mind that she had left the

ruling party, the Democratic Progressive Party, and had formed her own party, the

Peoples’ Party. The meeting noted that the case was yet to be concluded.

The Commission established that the discussion at the meeting was one sided,

against the Vice President ascending to the Presidency.At the end of the meeting it was

resolved that the ascendancy of the Vice President to the office of President was to be

contested in court. Accordingly, a smaller group of Cabinet Ministers was chosen to

further discuss and plan for the implementation of the resolution. The full meeting of

Cabinet Ministers was then adjourned to later in the afternoon to get the progress report.

The Ministers who were chosen and attended the side meeting were Hon. Goodall

Gondwe, Hon.EphraimMgandaChiume,Hon.SidikMia,Hon.Dr.Jean Kalirani, Hon.

Henry MussaandHon.YunusMussa.TheAttorney General also attended that meeting.

30. See the statement made by the Chief Secretary, Bright Msaka, SC. to Cabinet Ministers on 6th April 2012, attached as

Annex 21

It is in evidence before the Commission that during the meeting of this small group,

theAttorney General advised that the Constitution was very clear on the matter that the

Vice President was to assume the office of President in the circumstances at hand. The

meeting asked the Attorney General whether section 85 of the Constitution, on

simultaneous vacancies in the offices of the President and the Vice President was

applicable in the matter. The Attorney General explained that the section was not

applicable because there was no vacancy in the office of the Vice President. The

Ministers indicated to the Attorney General that they needed more time to make the

announcement about the death of the President. The meeting then decided that the

Minister of Justice and theAttorney General should proceed and get a court injunction

against the swearing in of the Vice President as President, and also that the Attorney

General should at the same time seek court interpretation on the question in the referral

case already in court. In his testimony, Hon. Goodall Gondwe claimed that at these

meetings, theAttorney General did not properly advise Cabinet Ministers on the matter

especially with regard to the view that the referral case was weak and unlikely to

succeed.

As a matter of fact, the Attorney General, Justice Maxon Mbendera, SC, in his

testimony to the Commission, told the Commission that on the basis of the dissenting

judgment in the similar Presidential referral case against the then Vice President, Rt.

Hon. Dr. Cassim Chilumpha, during the 2004-2009 presidential term, he thought that

the referral case against Rt. Hon. Mrs. Joyce Banda that was pending in court stood a

chance of success if the Attorney General’s Office could advance and buttress the

reasoning in the dissenting judgment in the Chilumpha Case, which was by Justice

Rezine Mzikamanda, the presiding judge in the case, although the case was dismissed

by the majority dicision of the other two judges of the three member consititutional

court panel. In the end, however he appears to have turned round and he took a

determined stand against taking te matter to court, even offering to resign, as the

Commission has reported elsewhere in this Report.

It is in evidence that the Minister of Justice and theAttorney General left the meeting

and went to their office to start the process of implementing the resolution. The

Commission heard in evidence that all senior professional staff of the Ministry of

Justice, except the Solicitor General and Secretary for Justice, Mr. Anthony Kamanga,

SC, were called for discussions and consultations on the matter and were asked to work

as a team. The Minister of Justice and ConstitutionalAffairs informed the Commission

that he is the one who gave instructions to the Attorney General not to involve the

Solicitor General because the system did not trust him and did not have confidence in

him. In their testimony both Hon. Chiume and Justice Mbendera told the Commission

that in their discussion at the Ministry they questioned themselves whose interests they

were serving in pursuing the legal route to challenge the Vice Presidency’s ascendancy

to the Presidency against a clear constitutional provision.

The meetings at the Ministry of Justice mainly involved the Minister, the Attorney

General, the Director of Public Prosecutions, Mrs. Rosemary Kanyuka, and the Senior

Deputy Chief State Advocate, Dr. Zolomphi Nkowani. The Commission heard that at

some point, Mr. Allan Ntata, who at that time was Legal Counsel to the President,

showed up at the Ministry and had discussions with the Attorney General and Dr.

Nkowani on the matter. In her testimony, however, Mrs. Kanyuka denied having taken

any part in the discussions. According to her testimony she was only brought in as a

senior member of staff at the Ministry although the matter did not directly involve her

duties as Director of Public Prosecutions. However, it was clear from the testimony of

the Attorney General that she took part in the discussions.

The Commissionestablished that at the end of the discussions at the Ministry, it was

agreed that two applications be made to the court. The first was to seek an order of

injunction to stop the Vice President from being sworn in as President and for an order

to allow Cabinet Ministers, under section 85 of the Constitution, to elect an Acting

President and an Acting Vice President. The second application was to revive the

determination of the referral case. The office of the Attorney General accordingly

prepared the applications. The applications were supported by affidavits which were

signed by two Ministers, Hon. Dr. Jean Kalirani and Hon. Henry Mussa. This was after

Hon. ChiumeandHon.Gondwerefusedtosigntheaffidavits.The Commission received

evidence that it was in fact Mrs. Kanyuka who made contacts to secure the availability

of the two Ministers to sign the affidavits31.

TheAttorney General told the Commission that to his mind, the application to court

based on section 85 of the Constitution was unlikely to succeed. He started searching

his mind and thought that a political solution would be more appropriate in the

circumstances. He thought that perhaps the best way was for the politicians in

Government and in the Democratic Progressive Party to seek an intermediary to try and

broker a deal with the Vice President. To that end, he called the Chief Secretary on the

proposal. The Attorney General informed the Commission that the Chief Secretary

advised him that he had already tried to make that suggestion but his efforts had failed.

TheAttorney General told the Commission that on the evening of that day, 6thApril

2012, he sent a text message to Hon. Peter Mutharika advising him that the matter was

being mishandled. He did not get a response.TheAttorney General told the Commission

that he was sending these messages to try and bring sense in their approach to the matter.

After noting that his efforts at initiating mediation had failed he decided to proceed

with the court application. TheAttorney General therefore called theAssistant Registrar

at the High Court, Lilongwe Registry, His Honour Thomson Ligowe, to alert him that

his office would be bringing applications seeking court orders related to the situation at

hand. He sought to find out if any judges were available to hear the matter. Three judges

were needed to hear the matter as a constitutional case. He was advised that two Judges,

namely, Justice Rezine Mzikamanda and Justice Chifundo Kachale were within

Lilongwe. The two other Judges, namely, Justice Esmie Chombo and Justice Ivy

Kamanga, were away to Blantyre and Salima respectively. It is in evidence that the

Assistant Registrar contacted Justice Kamanga since she was said to be closer to

Lilongwe.

31 Copies of the court process made available by Dr. Nkowani are attached hereto as follows: Annex 22- Certificate of

urgency, Annex 23- Originating summons, Annex 24- Affidavit of Hon Goodall Gondwe,Annex 25-Affidavit of Hon.

Dr. Kalirani, Annex 26- Affidavit of Hon. Henry Mussa,Annex 27- Skeleton arguments,Annex 28- Draft Order.

In his testimony to the Commission, the Assistant Registrar, His Honour Thomson

Ligowe, confirmed having been contacted by theAttorney General. He also confirmed

contacting the Judges on the matter.All the three Judges, namely, Justice Mzikamanda,

Justice Kamanga, and Justice Kachale, confirmed to the Commission having been

contacted by the Assistant Registrar on the matter.

3.2.3 Actions taken by the Vice President and Press Conferences on the Day

Around 11o’clock in the morning a lot of activities were happening simultaneously.

The civil society groups had organized a press conference at the Riverside Hotel in

Lilongwe where they called for constitutional order in the country. They demanded full

compliance with constitutional provisions and indicated that the Vice President was the

rightful person to take charge in the event that the President was incapacitated or dead.

The press conference by civil society groups was followed by another press

conference held by the former President of the Republic of Malawi, His Excellency Dr.

Bakili Muluzi. His press conference was held at his BCA Hill Residence in Blantyre

where he read a prepared statement. He too called for constitutional order. He stated that

the Constitution was very clear on the issue of succession in the event that the President

was incapacitated. He echoed the anxiety amongst Malawians about the lack of

information on the state of the President’s health while international media was

announcing his death. He stressed that the Vice President was the rightful person to take

charge of the affairs of State. In his testimony to the Commission Dr. Muluzi explained

that he was speaking in his capacity as former President and as Statesman of this country

and also as Goodwill Ambassador and stated that he could not just sit back and watch

the country degenerate into constitutional disorder.

In the meantime, the Vice President, Rt. Hon. Mrs. Joyce Banda, sent a letter32 to the

Chief Secretary seeking assurance that she was still Vice President and according to the

Constitution she was in charge in the circumstance. The Chief Secretary did not respond

to the letter. The Chief Secretary however told the Commission that he called the Vice

President and advised her to make herself visible. To that end they agreed that she should

hold a press conference later in the day. The Chief Secretary told the Commission that

he drafted and dictated a statement to one of the Vice President’s assistants intended to

be the statement to be read by the Vice President during her press conference that

afternoon at her official residence in Area 12 in Lilongwe. The draft produced to the

Commission by the Chief Secretrary read as follows33.

STATEMENTBYTHEVICEPRESIDENTOFTHEREPUBLICOF

MALAWI,RIGHTHONOURABLEJOYCEBANDA

Fellow Malawians, Ladies and Gentlemen of the Press,

I have invited you members of the press in view of the intense

speculation that is going on in the country and the international media

about the state of health of the State President, Ngwazi Professor

Bingu wa Mutharika, who was flown to South Africa yesterday for

treatment.

The media’s interest in the matter is justified and the people of

Malawi have the right to know about the state of health of our

President. Government is waiting for a formal report on the state of

health of our President, and I shall call you back, members of the

media, to brief you on the official position of the President’s health

when it is known. Meanwhile, I wish to appeal to all Malawians to

remain calm.

Thank you for your attention and may God bless you.

The Commission established that before the press conference the Vice President

called the Commander of the Malawi Defence Force, General Henry Odillo, seeking

assurance about the preservation of constitutional order in the country. General assured

Odillo the Vice President that the Malawi Defence Force was firmly behind maintaining

the constitutional order and would like to see full implementation of the constitutional

provisions. The Vice President further invited General Odillo to her official residence

in Area 12 where she was planning to hold a press conference later in the day. The

General Odillo advised that as he was engaged at the proposed time, he would assign

his two senior Army officers to come to her residence that afternoon. He accordingly

assigned Brigadier General Ignatius Maulana and Major General John Msonthi who

indeed came to the residence of the Vice President that afternoon.

3.2.4 The Democratic Progressive Party National Governing Council Meeting

The Commission received evidence that on the same day, 6th of April 2012, the

Democratic Progressive Party National Governing Council met at State House in

Lilongwe from around 2 pm. The purpose of the meeting was to brief members of the

NGCabout what had happened and to chart the way forward. The meeting took place

in the Banana Room in the State House and was chaired by Hon. Goodall Gondwe,

being the First Vice President of the party.

The Commission heard that at the NGC meeting, members were briefed that the

President had been taken ill and had been flown to SouthAfrica the previous night for

further treatment. The issue of death of the President was not disclosed to the members

and wasnot raised by anyone or discussed in the meeting. However, from the testimony

before the Commission most members individually knew that the President had died but

collectively there was pretence that he was still alive but critically ill.

During the meeting it was proposed that due to the sickness of the President, who

was also the President of the party, there was need for the party to choose an acting

president of the party. It was immediately decided that since the party had already

decided on Hon. Peter Mutharika to be its torch bearer for the 2014 general election,

there was no need to choose another person other than Hon. Peter Mutharika as acting

president of the party. On the other hand, Hon. Ken Lipenga told the Commission that

he proposed the name of Hon. Goodall Gondwe for the position of acting president

because in his view Hon. Mutharika was at that time pre-occupied with the illness of his

brother President Mutharika. Hon. Goodall Gondwe was the most senior member in

the ranks of the party after the President, as First Vice President. The meeting did not

even consider Hon. Lipenga’s proposal but unanimously agreed that Hon. Mutharika be

the Acting President of the party. After being elected, Hon. Mutharika made an

acceptance speech to the meeting. The Commission also heard evidence from Hon.

Vuwa Kaunda that it was in fact Hon. Ken Lipenga who proposed the name of Hon.

Peter Mutharika for election as Acting President of the party. The evidence before the

Commission however indicates that Hon. Peter Mutharika was elected by acclaim.

3.2.5 Evening Meeting of Cabinet Ministers

Following the earlier resolution at the morning meeting, members of Cabinet

converged again at OPC at 5 pm. The purpose of the reconvened meeting was for

Ministers to be briefed on the progress that the Ministry of Justice had made on the

court case and also on the deliberations of the DPP NGC meeting. The meeting was

initially chaired by Hon. Goodall Gondwe, who at some point left the meeting, and

Hon. Kalirani took over as chairperson.

The Commission heard that the Minister of Justice and ConstitutionalAffairs, Hon.

Chiume, called Hon. Gondwe and advised him that the Ministry was still working on

the court papers and needed more time. In his testimony, Hon. Chiume told the

Commission that the scheme by Ministers was to invoke section 85 of the Constitution

and elect Hon. Peter Mutharika as Acting President after the NGC meeting. He called

Hon. Gondwe and advised him to tell Ministers that the process of electing an Acting

President under section 85 should wait for the filing of the court papers at the court.

Hon. Gondwe informed the Commission that while in discussion at the meeting he

received a text message from the Attorney General, Justice Maxon Mbendera, SC,

advising him that what the Ministers were doing was wrong and illegal. Hon. Gondwe

told the Commission that at that point, he knew that the Minister of Justice and the

Attorney General were not going to court anymore, and thought that that was the time

to kill off the idea of pursuing the court route.

When Hon. Gondwe went into the meeting and explained the Minister of Justice’s

position that the election of the Acting President should wait for the filing of court

papers, the situation in the meeting became very difficult. The discussion in the meeting

became heated and acrimonious. Hon. Goodall Gondwe eventually left the meeting at

this point and Hon. Dr. Jean Kalirani took over as the chair of the meeting. Hon. Gondwe

informed the Commission that after leaving the meeting he went to meet theAmerican

Ambassador. He informed the Commission that in their discussion the American

Ambassador advised him that the position was clear on what was to happen in the

circumstances, which was that the Vice President, Rt. Hon. Mrs. Joyce Banda, was to

assume the office of President.

The Commission heard evidence that the mood in the meeting was intimidatory and

some Ministers accused others of being traitors. It was mentioned to the Commission

that some Ministers asserted the supremacy of the DPPresolutions and that the party had

already resolved the issue and no-one should have contrary views. A proposal to elect

Hon. Peter Mutharika as Acting President was made to the meeting. There were

disagreements on the matter in that some members wanted to proceed that way while

others resisted. Members were asked to vote on the matter. This proposal for a vote was

opposed by others who submitted that it was not right for members to be forced to vote.

In the end the proposal for a vote did not carry the day.

As already mentioned the Commission heard evidence that the strategy that was in

place was that once the court documents were presented to court and the Registrar

received and registered them, Cabinet was going to meet and choose anActing President

and anActing Vice President of the Republic under section 85 of the Constitution. The

meeting agreed that they were not going to leave the OPC area until they heard about

the outcome of the court application. Late in the evening the Minister of Justice and

Constitutional Affairs called his colleagues who were at the meeting and told them that

officers at the High Court, Lilongwe, had knocked off and that the application was going

to be filed in the morning of 7th April. It was then agreed that they should meet the

following day at 9 am at OPCtoelect anActing President andActingVice President and

once that was done, they were going to announce the death of the President.

The Ministers agreed that they should update the general public on the situation so

as to prepare the people of Malawi for the events of the following day through a press

statement. It was then resolved that a team of Ministers be appointed to draft a statement

that was going to be read to the general public. The Ministers who were entrusted with

the task were Hon. Mrs. Patricia Kaliati, Hon. Henry Mussa, Hon. Dr. Jean Kalirani,

Hon. Nicholas Dausi and Hon. Kondwani Nankhumwa.

3.2.6 The Midnight Press Statement

As resolved by the meeting of Cabinet Ministers, five Ministers as named above

were assigned to draft a statement to the general public.

The Commission heard evidence that the team of those five Ministers met in the

small board room next to the office of the Chief Secretary at the OPC to draft the press

statement. They were joined by officials of OPC, namely, the Chief Secretary, Mr. Bright

Msaka, SC, and the Deputy Chief Secretary, Mr. Necton Mhura. They were also joined

by the President’s Legal Counsel, Mr. Allan Ntata, who also acted as Secretary to the

meeting. The Commission received evidence that the group discussed and produced the

desired statement.After the statement was drafted it was printed out in the office of the

Personal Secretary to the Chief Secretary and was then presented to the Ministers in

the main conference room. In their plenary meeting, the Ministers approved the

statement and instructed the team of Ministers who drafted the statement to proceed

and read it out to the general public.

The original arrangement was to call for a press conference at the Government’s

Central Information Office in Lilongwe. The venue was then changed to Malawi

Broadcasting Television studios in Lilongwe. The five Ministers were later joined at

MBCTelevision studios by Hon. SymonVuwaKaunda,bringing the total number to six

Ministers and the statement was read out close to midnight on 6th April 2012; hence

the reference to it in common parlance as the “Midnight Six Statement”. It was read out

by Hon. Mrs. Patricia Kaliati. The statement is hereby reproduced:

“PRESS STATEMENTONSTATEMENTSMADETOTHEMEDIA

ABOUTHONOURABLEJOYCEBANDA’SELIGIBILITYTO

SUCCEEDTHEPRESIDENCY

The MalawiGovernment notes with regret the Statements made by

Honourable Joyce Banda and former President Dr. Bakili Muluzi

regarding succession to the Presidency.

Regarding the Vice Presidency and the Question of Succession to

the Presidency, the Government would like to inform the public as

follows:

1. The conduct of Honourable Joyce Banda in forming her own

opposition party precludes her from being eligible to succeed

the Presidency.

2. In this regard, statements relating to the succession made by

the former Head of State Dr. Bakili Muluzi and also echoed by

Honourable Joyce Banda herself are misleading of the true

nature of the situation.

3. As already stated, information regarding the condition of the

President will be made available to the public in due course.

4. Therehasbeenspeculation in certain quarters that Parliament

will convene on Tuesday, 10th April 2012. This information is

false. The government would like to emphasize that Parliament

has absolutely no role in this matter.

The Government would like to appeal to all Malawians to remain

calm and not to listen to any misleading information coming from

anyone except official government sources.

END

MALAWIGOVERNMENT”

The gist of the statement, as can be seen, was to assert the position that the Vice

President, Rt. Hon. Mrs. Joyce Banda, was not eligible to succeed in the office of

President and that the statement she had made earlier in the day at a press conference

and that of the former President Dr. Bakili Muluzi were calculated to mislead the general

public.

Whenrecalled to testify before the Commission on that aspect, the Chief Secretary,

Mr. Bright Msaka, SC, admitted being part of the group that drafted the statement along

with the Deputy Chief Secretary, Mr. Necton Mhura. He confirmed before the

Commission that the statement was intended to be a Government statement with due

authority of the Government although without the involvement of the Vice President34.

The preparation of the Midnight Press Statement was done only a few hours after

the Vice President held a press conference at which she read out a statement which,

34. The Midnight Press Statement is attached as Annex 11.

according to the testimony of the Chief Secretary, was also prepared by him or had parts

in it prepared by him as reproduced at 3.2.3 in this report. Clearly the two statements

stand in contradiction to each other.

3.2.7 Progress on the Court Case

Dr. Zolomphi Nkowani, Senior Deputy Chief State Advocate in the Attorney

General’s Office, told the Commission that he was called by the Attorney General,

Justice Maxon Mbendera, SC, on the afternoon of 6thApril 2012.TheAttorney General

told him that the President had died. He asked him what his views were looking at

section 83(4) of the Constitution which deals with the issue of vacancy in the office of

the President. Dr. Nkowani told the Commission that he advised theAttorney General

that the section was clear and that the Vice President had to assume the office as

President. TheAttorney General agreed with Dr. Nkowani’s view but told him that some

people wanted an interpretation on whether a leader of an opposition party can assume

the office of President under section 83(4) of the Constitution. Dr. Nkowani told the

Commission that he insisted to theAttorney General that the Constitution was clear on

the matter and any attempt to bring up a court case would be frivolous and vexatious.

He then asked the Attorney General where the instructions were coming from and he

was advised that Mr. Allan Ntata was going to bring the instructions.

WhenMr.Ntatacame,Dr. Nkowaniaskedhimonwhatbasiswashebringingup the

matter. Mr. Ntata is said to have responded that the basis of the application was that the

Vice President had left the ruling party and Government and that the law did not

envisage that in those circumstances she would assume the office of President in the

event of a vacancy. Dr. Nkowani reminded Mr. Ntata that the President himself had

previously left the United Democratic Front (UDF), the party under whose ticket he

was elected, and formed his own party, the Democratic Progressive Party (DPP). Dr.

Nkowani asked Mr. Ntata why there was no need for clarification on that issue at that

time. Mr. Ntata is said to have insisted to Dr. Nkowani that the case was being brought

on grounds of public policy and further insisted that the matter be taken to court.

Dr. Nkowani asked Mr. Ntata to bring him material supporting the case. It was heard

in evidence that Mr. Ntata promised to come back with the materials but never did.

Nonetheless, Dr. Nkowani proceeded to prepare the court papers. The title of the

application, to have been commenced by way of Originating Summons, read as follows:

“In the Matter of Section 83 of the Constitution; and

In the Matter of Section 85 of the Constitution; and

In the Matter of section 87 of the Constitution; and

In the Matter of Order 29 of the Rules of the Supreme Court;

and

The Courts (High Court) (Procedure on Interpretation or

Application of the Constitution) Rules 2008.

TheApplicant was theAttorney General and the Respondent was the Rt. Hon. Mrs.

Joyce Banda. Five documents were drafted in all under this head and these were:

(i)

(ii)

Notice of Originating Motion with a Certificate of Extreme Urgency.

Originating Summons.

(iii) Affidavit in Support.

(iv) SkeletonArguments.

(v)

Draft Order

While various draft court documents are attached to this Report, the Commission

finds it pertinent to reproduce the text of the Draft Order as it gives insight of the plan.

The text was as follows:

“(i)

(ii)

(iii)

(iv)

That an injunction BE and is HEREBY granted restraining

the swearing in of Right Honourable Joyce Banda, or

anybody else, as President until the matter is determined

by the Court.

That the Cabinet BE and is HEREBY authorized to elect

from amongits members anActing President and anActing

Vice President for such a period not exceeding the period

it takes to determine the substantive matter.

That the Acting President and Acting Vice President take

office forthwith.

That the hearing of the substantive matter be expedited and,

at the latest, within 5 to 7 days from the date hereof.”.

At the time that Dr. Nkowani was drafting the documents, the evening meeting at

OPCwasstill in session. He was advised that the affidavit in support of the application

was going to be signed by Hon. Goodall Gondwe. He accordingly proceeded to OPC

to have the affidavits signed. Hon. Gondwe asked him what the documents were about.

After Dr. Nkowani explained what the document were about Hon. Gondwe refused

to sign them and asked Dr. Nkowani to give them to the Minister of Justice and

Constitutional Affairs, Hon. Ephraim Mganda Chiume, to sign them. Dr. Nkowani

reported accordingly to the Minister of Justice and to the Attorney General. It was the

view of the Minister of Justice that there was nothing they could do if there was nobody

willing to sign the court affidavits because he too had declined to sign them.

Dr. Nkowani told the Commission that as he was packing to go home, Mrs.

Rosemary Kanyuka, Director of Public Prosecutions, came to his office and advised

him that there were two Ministers who were ready to sign the affidavits. These were

Hon. Henry Mussa and Hon. Dr. Jean Kalirani. Mrs. Kanyuka further advised Dr.

Nkowani that she had contacted a Commissioner for Oaths, Mr. Eric Salima, to

commission the affidavits, and further that theAssistant Registrar, His Honour Thomson

Ligowe, was waiting for the documents. Mrs. Kanyuka further advised Dr. Nkowani to

go to MBC Television studios in Lilongwe where Hon. Mussa and Hon. Dr. Kalirani

were.

When Dr. Nkowani arrived at the MBC Television studios he noted that there was

a press conference going on. This is where the Midnight Press Statement was being

read out. He waited there for the press conference to end. After the press conference,

Dr. Nkowani gave the documents to Hon. Mussa and Hon. Dr. Kalirani who both signed

the affidavits. Hon. Mussa asked for a copy and was given one. It is the evidence of Dr.

Nkowani that after having had the documents signed, he called the Assistant Registrar

that it was late and he was going to go to court the following morning. Dr. Nkowani

reported the same to the Minister of Justice and to the Attorney General. He told the

Commission that he then switched off his phone and went home.

In his testimony, Hon. Henry Mussa admitted signing the affidavit but expressed

ignorance about the contents of the affidavit. He told the Commission that even at the

time that he was signing the affidavit, he did ask Dr. Nkowani what the documents were

about and stressed to the Commission that he merely signed the documents but did not

know the contents.

3.2.8 Absence of Minutes of Meetings of Ministers on 6th April 2012

Regarding the two meetings of the Ministers in plenary and the two committee

meetings of Ministers held on 6th April 2012, the Commission inquired about the

availability of minutes to record the deliberations and resolutions at those meetings.

These would normally be taken and prepared by officials of the Office of the President

and Cabinet led by the Chief Secretary. The Commission established from officials of

OPCthat no minutes were taken of all these meetings and that no record was available

on these meetings.

3.3

EVENTSON7thAPRIL2012

The day7thApril 2012 was one of the busiest days during the period.Alot of things

were simultaneously happening on the day. In this Report the Commission has singled

out the major issues and detailed them separately. In terms of timing, there were overlaps

in that some events were happening at the same time.

3.3.1 The Court Case

Early in the morning of 7th April 2012, the Attorney General, Justice Maxon

Mbendera, SC, called the Minister of Justice and ConstitutionalAffairs, Hon. Chiume,

and repeated his advice that the Constitution was clear on the matter. He informed the

Minister that he would resign if he was forced to proceed to court. The Minister agreed

with the Attorney General on the legitimacy of the court case. They resolved that the

documents were not going to be filed in court that morning or at all.

It was the evidence of the Minister of Justice that having resolved the way forward

with theAttorney General, he proceeded to advise Hon. Goodall Gondwe that the matter

was not going to court anymore. Hon. Chiume told the Commission that at that point

he took the stand that he, as Minister of Justice and Constitutional Affairs, had the

ultimate authority over the matter and was not to be subjected to directions by fellow

Ministers. If they wanted to go ahead they had to find other means to pursue the matter

in court.

The Attorney General on his part told the Commission that he also sent a text to

Hon. Goodall Gondwe that morning advising him that the constitutional provision was

very clear on the matter and that he was not going to take the matter to court. On

receiving the text, Hon. Gondwe called theAttorney General and told him that he indeed

saw that there was futility in the attempt. He informed theAttorney General that he was

going to see Hon. Peter Mutharika to tell him that the process they were trying to embark

on should stop.

The Attorney General then called Mrs. Rosemary Kanyuka and Dr. Nkowani

advising them that the matter was not going to court. Dr. Nkowani confirmed to the

Commission having received a message from the Attorney General advising him that

he had told Hon. Peter Mutharika that we needed to be governed by constitutional order

and further instructed Dr. Nkowani to tell all concerned staff at the Ministry of Justice

not to go to the office.

Having taken that position, the Attorney General called the Chief Secretary to tell

him that he was not proceeding to court with the matter. It is recorded in the evidence

of Justice Mbendera SC that, in response, the Chief Secretary agreed with theAttorney

General’s position. He further informed the Attorney General that he was aware that

theArmy had taken a firm position to support the constitutional position. It was during

this conversation that the Chief Secretary advised the Attorney General that he was

going to announce the death of the President at 8 am that morning.

TheAttorney General’s court case ended at this point.

3.3.2 Meetings at Hon. Peter Mutharika’s House

Onthat day, 7thApril 2012, the center of gathering was the residence of Hon. Peter

Mutharika in Area 43 in Lilongwe. A lot of people had gathered at the house. These

included Cabinet Ministers, DPP officials, Government officials and others. It is in

evidence that most Cabinet Ministers had earlier proceeded to OPC for the 9 o’clock

meeting as agreed the previous day. For those who proceeded there, they found that the

place was closed. They were however advised by colleagues upon enquiry to meet at

Hon. Peter Mutharika’s house, mostly through phone calls. Among those who came to

Hon. Peter Mutharika’s residence were some who came to offer their condolences.

Others came to continue consultations on political transition issues.

3.3.2 (a) ADelegation to the United Nations Representative

In his testimony to the Commission Dr. Hetherwick Ntaba said that it was on 6th

April 2012 when he heard that people were going to get an injunction. He told the

Commission that he got worried. He thought that even if the court outcome was to be

in favour of DPP, they will not be able to carry the people with them at that time. His

view was that if going to court was just a means of forcing a discussion with the Vice

President, then they needed to just go and see her. Accordingly, he called some of his

colleagues namely, Hon. Dr. Jean Kalirani, Hon. Nicholas Dausi, Hon. Kondwani

Nankhumwa and Mr. Wakuda Kamanga, the party’s Secretary General, and sold them

the idea of trying to negotiate with the Vice President. The team then called Hon. Peter

Mutharika who told them to meet him at his house the following day, 7thApril 2012.

In the morning of 7th April 2012 Dr. Ntaba, Hon. Dr. Kalirani and Hon.

Nankhumwa,joined by Mr. Kalanzi Mbewe, Regional Governor for DPPfor the Centre,

went to Hon. Peter Mutharika’s residence and briefed him about the proposal. He

accepted the idea of having a negotiated deal with the Vice President. The meeting

suggested that the team should approach intermediaries, such as the United Nations

Resident Representative in Malawi, Mr. Richard Dictus, to ask them to pass the message

to the Vice President that they were not going ahead with the injunction case and would

want to discuss how the country can move ahead.The four met Mr. Dictus at his house.

However, Mr. Dictus did not give the team an immediate response. He advised them

that he needed to consult with UN Headquarters in NewYork before doing anything on

the matter. The team then left and went back to Hon. Peter Mutharika’s house. Mr.

Dictus never came back to them as the Commission noted that events of that day moved

very fast ending with the swearing in of the Vice President as President.

3.3.2 (b) Attempt to Give Instructions to a Private Lawyer

The Commissionheard evidence that at the house of Hon. Peter Mutharika, the issue

of proceeding to court with the case that the Attorney General had declined to take to

court was tabled again. A meeting was convened at the house where it was agreed that

they should still proceed and get an injunction against the swearing in of the Vice

President pending court interpretation of the Constitution on the matter. The Deputy

Chief Secretary, Mr. Necton Mhura was part of this discussion. They resolved that they

should retain a private practice lawyer to take up the matter. Accordingly, Hon. Henry

Mussa contacted Mr. Tamando Chokotho, a private practice lawyer.

WhenMr.Chokotho reported at the house, he was briefed about the matter. He told

the Commission that he advised the meeting that it was not possible for him to take

instructions on the matter because, among other things, it was too late. He told the

Commission that he further advised the meeting that in view of the so called

“Injunctions Law” (now repealed), which required three days prior notice to

Government to apply to court for an injunction against the Government, he did not see

any possibility that the court could quickly rush and issue such injunction ex-parte. The

Commission however is aware that this law was not operational at that time due to an

order of stay that some citizens obtained from the High Court against it.

Mr. Chokotho told the Commission that he further advised them that he was not

really convinced about the issue of the Vice President’s resignation since Parliament

approved funds for the office of the Vice President including her own emoluments which

meant that the office was not vacant. He told the Commission that he finally advised

them that they could let the Vice President get sworn in and challenge her eligibility

later.

Mr. Chokotho told the Commission that his response did not really go down well

with most people at the meeting but he stood firm.

According to the evidence of Hon. Goodall Gondwe, among the people who had

gathered at the house of Hon. Peter Mutharika on the morning of 7thApril 2012 was the

Chief Justice, His Lordship Justice Lovemore Munlo, SC. He noted that he was dressed

casually, in a pair of jeans and a shirt. Hon. Gondwe told the Commission that the Chief

Justice did not take part in the discussions that were going on in the other room. He sat

in a different room, the sitting room.

It was the evidence of Mr. Kalanzi Mbewe, DPPRegional Governor for the Centre,

that on the morning of 7th April he and some of his colleagues had a meeting at Hon.

Peter Mutharika’s house and that he had seen some judges around. He could not

however mention the names of the judges.

On their part, all judges who appeared before the Commission denied in their

testimonies ever gathering at any place either to hear a case or to swear any person into

office except during the official swearing in ceremony at Parliament as the presiding

officer, in the case of the Chief Justice, or as part of a procession of that ceremony in

the case of the other judges.

The Commissionnoted that in his evidence to the Commission, the Chief Justice did

not mention having visited the house of Hon. Peter Mutharika on 7th April 2012 as

claimed by Hon. Gondwe. In his evidence the Deputy Chief Secretary, Mr. Mhura, told

the Commission that he did not see the Chief Justice or any judge at the time that he was

at Hon. Peter Mutharika’s house on that morning of 7th April 2012. This was

corroborated by the private lawyer Mr. Chokotho who told the Commission that he did

not see any judge, including the Chief Justice, at the residence of Hon. Peter Mutharika

that morning when he was there.

The Commission however established that in an interview aired on Zodiak

Broadcasting Station on 15th July 2012, in their programme Tiuzeni Zoona, which the

Commission sourced for the purposes of the Inquiry, Hon. Peter Mutharika confirmed

in that interview that the Chief Justice visited Hon. Mutharika’s house twice to offer

condolences as a family friend. The first time he came to the house there were only a

few people, five or so. The second time he went to the house there were a lot of people

at the house including Cabinet Ministers, politicians and other people most of whom

were sitting outside the house. He explained in the interview that he did not have a

meeting with the Chief Justice.

3.3.3 Announcement of Death

The issue of the delay in announcing the death of the President exercised the

Commission. From the evidence gathered, it was clear to all senior officers in

Government and senior members of the party, DPP, that the President had died on 5th

April 2012. It was also clear from the evidence that at the DPPNGC meeting members

whispered amongst one another about the death of the President and about the events

that were taking place that time.

It was heard in evidence that on the afternoon of 6thApril 2012 the Chief Secretary,

Mr. Bright Msaka, SC, called the former First Lady and advised her that it was his

intention to formally announce the death of the President. She however responded by

advising him that she had no problem with the announcement but that such matters

should be referred to Hon. Peter Mutharika. The Chief Secretary told the Commission

that he called Hon. Mutharika endlessly but he did not pick his phone. He then sent a

text to Hon. Goodall Gondwe who agreed that the announcement be made. According

to the Chief Secretary, Hon. Gondwe, advised the Chief Secretary to make the

announcement the following day, 7th April 2012 at 9am.

When the Commission asked the Chief Secretary why he did not immediately

announce the death of the President he responded that it was not his responsibility and

that is why he anticipated that Cabinet Ministers would first be informed of the

President’s death during the meeting of 6th April 2012 by Hon. Goodall Gondwe, the

presiding Minister. The evidence of the Deputy Chief Secretary, Mr. Necton Mhura,

was however to the contrary in that he told the Commission that OPC was the office

charged with such responsibility. In his testimony, Hon. Peter Mutharika told the

Commission that the family had nothing to do with the issue of the official

announcement of death. He submitted that the matter was in the hands of OPC. He told

the Commission that he did know why OPC decided to announce the death of the

President on 7th April, 2012.

On the other hand Hon. Goodall Gondwe told the Commission that on the evening

of 6thApril 2012 while at the meeting of Ministers at OPC Hon. Peter Mutharika came

over and told him that he was having problems with the South African Government.

He explained that the South African Government was asking why Malawi was not

announcing the death of the President. The South Africans went further and told Hon.

Mutharika that if the Government of Malawi was not going to announce the death of

President Mutharika, then President Jacob Zuma of South Africa was going to do it.

Hon. Goodall Gondwe and Hon. Peter Mutharika agreed that the announcement be

made the following morning. This was in sharp contrast to the evidence of Hon. Peter

Mutharika.

Hon. Gondwe told the Commission that in the early hours of 7thApril 2012, he got

a text from the Chief Secretary asking him about the way forward. He then advised the

Chief Secretary that the announcement be made in the morning by 9 am. This was in

contrast to the evidence of the Chief Secretary who told the Commission that he sent the

text in the afternoon of 6th April 2012.

The announcement of the death of the President was indeed made at 8 am on the

morning of 7th April 2012 in a statement by OPC signed by the Chief Secretary Mr.

Bright Msaka, SC, and aired on MBC Radio and Television and also on private radio

stations.

3.3.4 Discussions between the Speaker of Parliament and the Chief Justice

In his testimony to the Commission, the Speaker of Parliament, Hon. Henry

Chimunthu Banda, told the Commission that in view of the confusion that was going

around on 6thApril 2012, he called the Chief Justice as head of the Judiciary and invited

him to his house. Accordingly, they met at Hon. Chimunthu Banda’s house around

5.30pm. At the house, they had a discussion about what had happened and both were

concerned about the lack of an official announcement on the matter. Hon. Chimunthu

Banda told the Commission that he asked the Chief Justice on the role of the Speaker

of Parliament in the event that the President was indeed dead and the Chief Justice’s

response was that the Speaker of Parliament had no role to play. The Speaker told the

Commission that what the Chief Justice said confirmed what was also his own view.

It was Hon. Chimunthu Banda’s evidence that before the Chief Justice left his house,

Hon. Chimunthu Banda got a call from the Minister of Justice, Hon. Chiume, advising

him that he had been tasked by Cabinet to draw up court papers and go to court. Hon.

Chiumetold Hon. Chimunthu Banda that he was not comfortable with the task assigned

to him. Hon. Chimunthu Banda shared this information with the Chief Justice and they

parted ways.

On the morning of 7th April 2012, the Speaker finally got confirmation from the

Chief Secretary that the President had died and that Cabinet was going to make a

decision on the way forward. The Chief Secretary further indicated to Hon. Chimunthu

Banda that he was on his way to the Vice President’s residence with other officials.

An hour after his conversation with the Chief Secretary, Hon. Chimunthu Banda

got a call from the Vice President asking him to join her at a press conference that she

had called to take place that morning at her residence in Area 12. He told the

Commission that he explained to theVice President that his view was that he should not

go at that point to see her and requested for a time after the press conference. The Vice

President accordingly gave him an appointment for 11 am.

Hon. Chimunthu Banda told the Commission that he saw it proper that he should be

in the company of the Chief Justice when going to see the Vice President as heads of

the two other arms of Government. He contacted the Chief Justice and informed him that

he had been given an appointment for 11 am to meet the Vice President and suggested

to the Chief Justice that they should go together. He stated that they were going to meet

her for two reasons, firstly to offer their condolences to her on the death of the President

and secondly to present themselves to her as heads of the other two arms of Government.

The Chief Justice agreed to the Speaker’s suggestion. This conversation took place

around 8 am.

Hon. Chimunthu Banda told the Commission that between 8 am and 20 minutes to

10 am the Speaker called the Chief Justice more than once and the Chief Justice gave

no indication that he was not going to meet theVice President. They even agreed where

to meet on the way to the Vice President’s residence in Area 12 in Lilongwe.

The Speaker told the Commission that some 5 minutes before 11:00 am, the Chief

Justice called him and informed him that there was going to be contestation regarding

the eligibility of the Vice President to take over as President. As Chief Justice, he

decided not to go and meet theVice President as earlier agreed because that would have

been seen as a thumb of approval and that he would rather take a neutral position.

Accordingly, the Speaker proceeded alone to see the Vice President.

In his testimony to the Commission the Chief Justice confirmed having agreed to go

and see the Vice President together with Hon. Chimunthu Banda earlier that day. He

explained that the purpose of the visit was to go and congratulate her. However, when

he reflected on the matter further his instincts guided him that the best order of things

would be to offer his congratulations to her after she had been sworn in as President. He

explained to the Commission that with the rumours that were circulating around earlier

about reservations to her swearing, he was convinced that as head of the Judiciary he

had an important and solemn duty to swear in the next President. He therefore told the

Commission that on that basis he called the Speaker and advised him that he would not

go with him to see the Vice President.

3.3.5 Press Conference by the Vice President

After the official announcement of the death of the President had been made by

OPC the Vice President scheduled a press conference at her official residence in Area

12, Lilongwe. At this point, some Ministers and other politicians began repositioning

themselves. It was heard in evidence that some people who were gathered at Hon. Peter

Mutharika’s house in Area 43, Lilongwe, started leaving the house, going to the Vice

President’s residence. It was heard in evidence that this did not please some DPP

functionaries gathered at Hon. Peter Mutharika’s house. Most notably, Hon. Kaliati is

reported to have ordered that the gate to the house be closed and that nobody should

leave the house. Some Ministers who were not at the house that time made their way to

Area 12. These included Hon. Sidik Mia, Hon. Ken Lipenga, Hon. Catherine Gotani

Hara, Hon. Ephraim Chiume and Hon. John Bande.

At that point, the Chief Secretary, Mr. Bright Msaka, SC, advised the Attorney

General about the impending press conference and the two went to the Vice President’s

residence inArea 12. The MDF Commander, General Henry Odillo, was also informed

about the Vice President’s press conference and he proceeded to attend.

General Odillo told the Commission that when he arrived at the Vice President’s

residence he noted a lapse of security at the residence. He immediately deployed the

Military Police at the house and also issued an order to deploy Military Police at the

strategic places such as Malawi Broadcasting Corporation (Radio and Television).

While at the Vice President’s residence in Area 12 the two top officials namely the

Chief Secretary and the MDF Commander tried to call the Inspector General of Police

Mr. Mukhito. The Commission heard that he was reluctant about coming to the press

conference. General Odillo informed the Commission that Mr. Mukhito remarked that

the Vice President was not the Commander-in-Chief hence he did not see the need to go

there. According to evidence before the Commission he only agreed to go to the Vice

President’s residence when the Attorney General asked the Chief Secretary and the

Commander to tell the Inspector General that he too, the Attorney General, was there.

The Inspector General then appeared after a short time. TheAttorney General informed

the Commission that, prior to that, the Inspector General had been asking him about

the progress of the court case challenging the ascendancy of the Vice President to the

office of President which theAttorney General had earlier decided not to proceed with.

Onhis part, the Inspector General told the Commission that he took a bit of time to

arrive at the press conference because his official vehicle had gone for service. He

therefore had to arrange alternative transport which was the reason that delayed him.

The press conference took place at the appointed time.Among other things the Vice

President announced that there was to be a Cabinet meeting that afternoon from 2 pm.

It is in evidence that when the announcement for a Cabinet meeting was made, there

were immediate discussions at the house of Hon. Peter Mutharika as to whether the

DPPMinisters should attend or not. It was eventually agreed that they should proceed

and attend the Cabinet meeting.

3.3.6 The Cabinet Meeting and the Swearing of the Vice President

The Chief Secretary told the Commission that on the morning of 7thApril 2012, he

called the Chief Justice and advised him that the ceremony to swear the Vice President

as President was to take place at 2 pm in the afternoon.The Chief Justice however asked

the Chief Secretary if he had spoken to Hon. Goodall Gondwe. He further advised him

that he would not want to go for the swearing in ceremony because he understood that

there was a dispute and he did not want to be seen to be taking sides.The Chief Secretary

then queried the Chief Justice if there were any papers that had been filed in court to that

effect.

According to the Chief Secretary, they had a lengthy discussion on the matter but the

Chief Justice maintained to the Chief Secretary that there was a dispute. It was in the

evidence of the Attorney General that while at the house of the Vice President it

appeared that communication was sent to the Chief Justice. However, the Chief Justice

is said to have answered that the Judiciary did not want to be compromised in the matter

in view of the dispute he was aware of.

The Chief Secretary then consulted with theAttorney General and the two suggested

to the Vice President to call for a Cabinet meeting. The purpose of the meeting was to

discuss arrangements for the funeral of the President and the swearing in of the Vice

President as President. The Cabinet meeting was held from 2 pm and was presided over

by the Vice President. All members attended the Cabinet meeting except Hon. George

Chaponda, who was out of the country, Hon. Reene Kachere, who was reported to be

unwell, and Hon. Peter Mutharika in view of the announced death of the President, his

elder brother.

At the Cabinet meeting all members of the Cabinet were given a chance to speak.

They each and individually pledged their support to the Vice President. They rescinded

their earlier decision to contest her ascendancy to the presidency. They all agreed that

the Vice President should be sworn in as President on that day. During the Cabinet

meeting, a funeral committee was appointed by the Vice President. She appointed Hon.

Henry Mussa, Minister of Local Government and Rural Development, to be chairperson

of the Committee.

It is in evidence that after the Cabinet meeting the Chief Secretary asked theAttorney

General to inform the Chief Justice about the resolutions of the Cabinet meeting on the

swearing in of the Vice President. This was in view of the earlier impediment in the

view of the Chief Justice relating to a potential dispute in court. The Attorney General

called the Chief Justice and advised him of the Cabinet resolutions.

It was in evidence that earlier in the day, after the press conference by the Vice

President, the Attorney General called the Acting Registrar, His Honour Mr. Michael

Tembo, and asked him to arrange to bring the Presidential Oath Book which is kept at

the Supreme Court in Blantyre. TheActing Registrar was surprised in that usually they

do get written notification from the Office of the President and Cabinet on such issues.

Henevertheless proceeded and got the Oath Book and the Holy Bible and started off for

Lilongwe in the company of the Registrar, Her Honour Mrs. Dorothy NyaKaunda

Kamanga. On the way His Honour Tembo received a call from the Chief Justice, His

Lordship Lovemore Munlo, SC, asking him to go to his official residence in Blantyre

and get his ceremonial dress. The Chief Justice did not at that point have his ceremonial

dress with him in Lilongwe because, as earlier indicated, he had just come back from

his cancelled trip to Tanzania. The Registrar told the Chief Justice that they had already

started off for Lilongwe. That was when arrangements were then made for the Chief

Justice to use the judicial ceremonial dress of the Attorney General, Justice Maxon

Mbendera, he had as judge, which is what happened.

It was the Chief Justice’s evidence that on the day he did not speak with the Chief

Secretary at all on the issue of swearing in of the Vice President, let alone having a

conversation with him on the issue of the court dispute. He strongly stated to the

Commission that the allegations that he had resisted the swearing in of the Vice

President were all but lies.

The Chief Justice told the Commission that he only spoke to the Attorney General

and advised him that as Chief Justice he had a duty to protect the impartiality of the

Judiciary. TheAttorney General then informed him that it had been decided to swear the

Vice President into the office of President of the Republic of Malawi.

The swearing ceremony took place from 4 pm on 7th April 2012 at Parliament

Building. It was presided over by the Chief Justice. The Chief Justice told the

Commission that he then congratulated the Vice President after swearing her in as

President.

CHAPTER4

EVIDENCETAKENREGARDINGTHEALLEGEDLOOTINGAND

MISSING GOVERNMENTPROPERTYATTHESTATEHOUSE

TheTerms of Reference of the Inquiry mandated the Commission to look at various

issues that were connected to the death of the former President as well as issues

connected with the transition of State power following his death. The Commission noted

among other things that during the period there was a lot of public speculation, some

of it reported in newspapers, regarding the issue of looting and unauthorized removal

of Government property at State House. The Commission therefore decided to inquire

about this state of affairs.

The Guard Commander, Mr. Duncan Mwapasa, testified that when the President

was flown to SouthAfrica for medical attention he, as usual, issued instructions to State

House police and security that they should secure and guard the State House premises,

especially the President’s private residence, since both the President and First Lady

were not around. He told the Commission that he made sure that security at the State

House premises was maintained. He further informed the Commission that as far as he

was aware nothing belonging to the Government left the premises by way of looting or

theft. He strongly denied that there was looting at State House and submitted to the

Commission that he had also just read about the issue in the papers.

The Deputy Guard Commander, Mr. Jimmy Forster Gama, told the Commission

that there was a lot of private property belonging to the late President that was kept at

State House. He specifically mentioned that there was property belonging to Bineth

Trust, the President’s Silver Grey Foundation and the Safe Motherhood Initiative ran by

the First Lady, Madam Callista Mutharika. He further submitted that there were also a

lot of gifts that the President and Madam Callista Mutharika had received during their

wedding in April 2010. These were stacked in the storeroom that had been specially

created within the administration section of the State House.

Mr. Gama told the Commission that during that period he was assigned as the in

charge of security at State House. He told the Commission that in that capacity he made

sure that what was taken out of State House was not Government property. He also told

the Commission that in the warehouses and storerooms indicated above, there were

personal effects, gifts, computers and other items which the late President and Madam

Callista Mutharika personally owned. He further stated that the President had his

personal gym equipment that he bought using his own funds.Apart from these items and

the personal effects of the late President, the rest was Government property.

Mr. Gama told the Commission that at State House there used to be the normal

Police Security and the Personal Security that the President had. He recalled that at

some point, the Director General of State Residences, Mr. Edward Sawerengera,

authorized the President’s personal security aides to go and remove some personal

belongings of the President which were in the residential quarters of the State House.

He indicated that most of these items were packed in suitcases as they were being

removed. He told the Commission that he did not know the contents of the suitcases but

assumed that it was mainly clothing and other items belonging to the President and the

First Lady. He explained that there were allegations that some of the items in the

suitcases were money which belonged to the President. He explained that all these items

were being taken from the house by the President’s close security aides some of whom

were his relations. He explained that this was beyond the Police. He however stressed

to the Commission that the property that was being removed was personal property and

not Government property.

In his evidence to the Commission on this matter, the Director of State Residences,

Mr. Edward Sawerengera, submitted that it is not true that there was looting at State

House. He explained that on 6th April 2012 he was asked by the President’s relation,

who was also his security aide, Mr. Chimwemwe Kajawo, if he could go to the

residential section of the State House to take some clothing for the President. Mr.

Sawerengera indicated that there was no way that one could simply just walk into the

President’s private residence and take out property without his (Mr. Sawerengera’s)

approval or the approval of the Guard Commander. He further stated that the procedure

also involved going through the housekeeper, Mrs. Elizabeth Mvinda, before one takes

away anything from the house. He submitted to the Commission that the media reports

were sensational and did not present the true events on this issue.

Mr. Chimwemwe Kajawo told the Commission that he was the Personal Assistant

to the President responsible for special duties. He stated that he was a civil servant and

was responsible for the President’s security and personal issues. He explained that he

was related to the President in that he was the President’s nephew, on the President’s

side. He explained that in his duties, he reported to the Guard Commander, Mr.

Mwapasa.

He told the Commission his recount of the President’s illness and evacuation to

SouthAfrica. He told the Commission that he heard about the President’s death through

the Director General of State Residences, Mr. Sawerengera, in the afternoon of 6th

April, 2012.

Ontheissue of removing items from the State House, Mr. Kajawo explained that he

went to the residential suite twice. On the first occasion, he was advised that the First

Lady had asked for some items for the President in South Africa. He therefore

accompanied these people to go and collect the things from the President’s private suite

within State House. He accompanied the team that had been sent to collect the personal

items because for one to go to the residence one needed to pass through the VVIP

lounge. For one to pass through the VVIP lounge, one had to be accompanied by an

authorized person.Among all the staff, he was the only one authorized to go through the

VVIPlounge. He explained that the Deputy Director General of State Residences, Dr.

Charles Thupi, was one of the people present on this occasion. He recalled that the

housekeeper was also there. He explained that on this occasion what were collected

clothing and other personal items for the President and the First Lady. It was only one

suitcase that was collected. He explained that at the time, it was not yet known that the

President had died.

Mr. Kajawo stated that on the second occasion, he had received a phone call from

the First Lady in South Africa advising him that as he was going to South Africa, he

needed to bring some other items, in his own words ‘special things’. So he proceeded

to the residence in the company of the Deputy Director General, Dr. Charles Thupi, the

housekeeper, Mrs. Elizabeth Mvinda, and two other persons he could not remember.

Heexplained that from the residence he simply collected one suitcase for the First Lady.

He further explained that on this second occasion, he was aware that the President had

died through information from Mr. Sawerengera. This was on 7thApril 2012.

When the Commission asked Mr. Kajawo about the alleged suitcases and boxes

coming out of State House, he explained that after the information that the President had

died, there was panic among the people at State House. He explained that there were

rumours that the incoming President was going to move straightaway into State House.

People panicked and started moving the President’s and the First Lady’s personal

belongings and property from the State House. He explained that the housekeepers, and

other people he could not remember, were the ones moving the belongings. He

explained that he did not know the exact contents of the boxes and suitcases that were

being moved by the other people neither their destination.

Mr. Kajawo stressed to the Commission that he only went to the residence twice to

collect the two suitcases, one on each occasion, once before he heard of the President’s

death and once after he had heald of the death. He stated that on the first occasion he

personally packed the suitcase because he had the privilege of going into the President’s

bedroom, and that he knew exactly what clothing to pick because he knew the

President’s clothing.

It was the evidence of Mr. Ronneck Nkaliyalinga, the Presidential waiter, that he

normally had a chance to chat with the President. He explained that on the day that the

President fell ill and flown to South Africa, the First Lady locked the rooms and took

the keys. He recalled that after two days, some people came to the house and said there

was need to take some clothes to SouthAfrica. He told the Commission that the people

whocametocollect the clothes were the President’s PersonalAssistant for security, Mr.

Kajawo, the housekeeper, Mrs. Mvinda, and a security officer he could not remember

his name. He explained that because the room had been locked and the keys taken, a

carpenter was called to force the door open. He told the Commission that the carpenter

indeed came and opened the doors. He explained that neither he nor the carpenter

entered the room. The people who were assigned packed the personal belongings of the

President and the First Lady.

Mr. Nkaliyalinga explained that he was one of the people who were removing the

personal items. He told the Commission that there were security personnel around and

mentioned that Mr. Chimwemwe Kajawowasoneofthesecurity detail around. He also

noted that there was a Mrs. Mulewa and another security person from the Police. He

explained that there was a carpenter, whose name he had forgotten, who came and forced

open the doors to the rooms.

Heindicated that on this day there were two or three groups of people removing the

items from the house. He told the Commission that at the residence, there was a room

that they never knew what was inside. He explained that on this day, Mr. Kajawo, Mr.

Emmanuel Phiri, who was also a waiter and the President’s nephew, and Mr. Gideon,

the President’s Personal Assistant responsible for security, and a security officer went

and forced this room open. When the room was forced open, the security officer

retreated and the three people went into the room. Mr. Nkaliyalinga explained that he

suspected that there must have been money in the room.

It was the evidence of Mr. Sonary Kamphango, a carpenter at State House, that he

was called on 7th April 2012 to the living quarters of the State House to force open

some doors. He recalled that he was taken to the President’s side of the house where he

forced open three doors. He was in the company of three people whose names he did

not know but he knew that they were part of the security detail of the President. He

stated that some of them were the President’s relatives. He explained that the rooms

that were forced open were in the President’s bedroom. He explained that he was not

able to see what these people were removing from the rooms. He explained that he had

to use his carpentry tools to force open the doors by way of breaking the locks. He told

the Commission that he did not break the doors. He explained that he also similarly

opened one door in the First Lady’s wing. He told the Commission these locks were

replaced by new ones prior to the occupation of the living quarters by the new President.

Hefurther explained that as some were packing the items on the President’s side of

the suite, others were doing the same in the First Lady’s section. He explained that there

were security personnel throughout the time that they were packing the items. He

explained that this happened on Saturday, 7th April 2012.

The Deputy Director of State Residences, Dr. Charles Thupi, told the Commission

that on 7th April 2012, in the morning, the Guard Commander, Mr. Duncan Mwapasa,

and the Director General of State Residences, Mr. Edward Sawerengera, told him that

it appeared that the new President was going to be sworn into office on that day. They

further told him that the late President’s family had told them that it appeared that once

the new President is sworn into office, she was coming straight to State House. The late

President’s family therefore requested that they should remove the personal property of

the late President.

Dr. Thupi told the Commission that when he went up to the President’s residence,

he found that some security personnel were already there and were about to start

removing the items. He asked them if the First lady was aware of the arrangement. As

they were discussing the matter, the First Lady called Dr. Thupi and told him that she

had received a call informing her that security personnel had been advised to remove

the President’s and her personal effects. She advised Dr. Thupi that, among the items

they were to remove, was a wrist watch, which she described as a very expensive watch,

that the President had bought her as a wedding gift. She asked Dr. Thupi to ensure that

this wrist watch is well secured. Dr. Thupi told the Commission that since he did not

know which particular wrist watch it was, he made sure that all her wrist watches were

put in one bag which would be well secured. Dr. Thupi clearly indicated that all these

were purely personal effects.

The Commission then wanted to find out the exact role that Dr. Thupi played in the

removal of the property of the late President and the former First Lady from the private

residence. He explained that his role was purely administrative. He told the Commission

that he simply wanted to make sure that the property that left the residence was not

Government property. He indicated further that at the time that these items were being

removed from the residence, there was the late President’s relation, whom he had

forgotten his name, and there was also Mr. Chimwemwe Kajawo, Mr. Dabble Dissi and

the housekeeper, Mrs. Elizabeth Mvinda. Dr. Thupi told the Commission that he was

advised that all the property was being taken to the residence of the President’s younger

brother, Hon. Peter Mutharika in Area 43.

The Commission further asked Dr. Thupi to explain the rumours that were widely

circulating to the effect that there were bags of money which were taken away from

State House. He explained that according to him, what was taken from the residence was

purely personal property such as clothes, jewellery and watches and he could see that

the things were indeed very expensive or of very high value. He explained that he

however remembered that at some point, Mr. Chimwemwe Kajawo told him that there

was a money-safe in the residence and that he had sought approval of the First Lady to

remove the safe. He explained that he understood that the safe and other items were

taken by the said Mr. Kajawo. He further explained that most of the things that were

taken during that period were wedding gifts to the President and the First Lady and

items that belonged to Bineth Trust. These were in the warehouse within State House.

Dr. Thupi further explained that Mr. Malemia, the State House internal auditor, was

present as these things were being taken out and emphasized that no Government

property was taken from house.

Mrs. Elizabeth Mvinda, the State House residence housekeeper told the Commission

that she was the one in charge of all the services of the residential section of State House.

She explained that she was responsible as housekeeper for that section and nobody

would get into the section without her permission. She stressed that nobody, whether he

or she had a State House badge, could just walk into that section.

Mrs. Mvinda confirmed to the Commission that they did receive a call from the

First Lady while she was in South Africa requesting for clothes. She told the

Commission that they got access to the room to get the clothes and packed them in a

suitcase. She explained that they used a key to open the door to the rooms and there was

no need for a carpenter. She further stated that they only packed the things in one

suitcase and that the watch that had been referred to by the First Lady was the one that

the First Lady received from the President as a wedding gift.

It was the evidence of Mr. Robert Malemia, State House internal auditor, that his

duty at State House was, among other things, to take a verification of all the assets in

all State Residences. He explained that on Saturday, 7th April 2012, after the

announcement was madethat there was going to be the swearing in of the new President,

there was panic at the State House especially on the part of members of staff who were

related to the late President. He told the Commission that on that day, he was in his

office and did not know that the President’s personal property was being removed from

State House. He only found out when he went out of his office. He found people busy

removing property from the premises mainly belonging to BinethTrust, Ethel Mutharika

Foundation and for the Safe Motherhood Initiative and items which the President and

the First Lady had received as their wedding gifts. He explained that when he saw this

happening, he checked with the Deputy Director General of State Residences, Dr.

Charles Thupi. He explained that Dr. Thupi advised him that the Director General, Mr.

Sawerengera, had instructed him that all items belonging to the late President be

removed from State House premises because soon after the swearing ceremony the new

President was coming straight to State House.

Mr. Malemia explained to the Commission that he tried to reason with the late

President’s relatives advising them that it was not possible that the new President was

going to come straight to State House after being sworn in because there was going to

be a period of national mourning of the late President. He tried to stop them from

removing the items at that point but he did not succeed. He explained to the Commission

that having failed to stop the relatives of the President from removing the personal items

he started taking record of all the items that were leaving the State House.

Mr. Malemia told the Commission that there was a situation where the President’s

relatives wanted to remove some television screens from State House thinking that they

were the late President’s personal property but he stopped them and advised them that

those screens were Government property. Having put the recording process in place,

he allowed the family members to take the late President’s and former First Lady’s

property from State House. Mr. Malemia explained that some of the property was taken

to the late President’s house in Area 3, some to Bunda and some to Hon. Peter

Mutharika’s residence inArea 43. Some clothes were taken to the late President’s Ndata

Farm House in Thyolo.

Mr. Malemia confirmed that he took record of most of the property that had left

State House during that time. He explained that he did not manage to take record of the

property that was in the room in which the gifts that the President received at his

wedding were kept. He further stated that it was difficult for him to take record of the

property that was taken from the residential section of State House because his identity

card was only applicable in the administration department and did not go beyond that.

He explained however that according to his records, no Government property or item,

whether in the residential section or in the administration section, went missing during

the period. He indicated that his inventory was in order and that no Government property

went missing at State House. He explained that the security at State House would not

allow anything like looting to occur there.

Mr. Malemia explained that most of the people who were spreading the stories about

looting had heard from a third or fourth person and did not have first hand facts. He

closed his testimony by strongly stating that no Government property was looted at

State House during the period.

The Commissionalso heard testimony from the President’s Personal Secretary, Mrs.

Flora Muhara. She told the Commission that she arranged for the removal from the

President’s office of a number of personal effects which included documents such as

bank statements and motor vehicle registration certificates.

The Commission was told by the Guard Commander, Mr. Duncan Mwapasa, that

when speculations about the looting of Government property surfaced, the Director

General of State Residences, Mr. Edward Sawerengera, Hon. Peter Mutharika and Mr.

Mwapasa himself met to discuss the matter. These discussions were held with due

consultation with the First Lady. Mr. Mwapasa told the Commission that the meeting

resolved that all personal property in the State House were supposed to be removed

with the permission of either the First Lady or the President’s brother, Hon. Peter

Mutharika.

In response to a question from the Commission, the Guard Commander told the

Commission that the late President and his brother, Hon. Peter Mutharika were very

close. He explained that they were so close that he, the Guard Commander, recalled

that the President’s Personal Secretary had previously mentioned that the President did

instruct her to give the President’s Will to Hon. Peter Mutharika if anything happened

to the President. Mr. Mwapasa confirmed that the President did have a Will which was

kept in the custody of the President’s Personal Secretary, Mrs. Flora Muhara, and was

to be handed to the President’s brother, Hon. Peter Mutharika, in the event of the

President’s death.

CHAPTER5

EVIDENCETAKENREGARDINGUNUSUALOCCURENCESANDOTHER

ISSUES PRIORTOTHEDEATHOFTHEPRESIDENT

The Commission noted that prior to the death of the President there had been a

number of occurrences and issues that may have exerted pressure on the late President.

The Commission sought to examine these occurrences and issues and consider whether

they may have had a bearing on the death of the President given that the President died

sudden death.

The Commission noted that there had been a lot of speculation regarding the

prophecy made by some religious person of the Christian faith from Nigeria called

Temitope Balogun Joshua, commonly known as T.B. Joshua, regarding the death of a

State President inAfrica. This speculation was heightened by T.B. Joshua himself when,

during one of his prayer sessions, he flashed a letter which he had received from

President Mutharika. In flashing the letter T.B. Joshua did not however display the

contents.

It was also well known that some few months prior to his death the President

travelled to Nigeria on unannounced visit. While the vist was kept under wraps in

Malawi it, however, became clear that the President had indeed travelled to Nigeria.

This visit was published on the State House website of the Nigerian Government

showing the picture of President Goodluck Jonathan of Nigeria welcoming President

Bingu wa Mutharika. Due to the manner in which the President left the country and

refutations by the then Minister of Information, Hon. Patricia Kaliati, regarding the

absence of the President from Malawi, there were widespread speculations that the

President had undertaken the trip to Nigeria to meet T.B. Joshua in connection with the

prophecy. The Commission sought to inquire about the interaction between the President

and T.B. Joshua.

The Commission noted further that during this period, there was heightened activity

by civil society groups working together with the umbrella religious pressure group on

governance known as the Public Affairs Committee (PAC) in putting pressure on the

President and the Government to change course on governance issues.

Three weeks before the President was taken ill on 5th April, PAC organized what

was termed as an all inclusive conference of its membership, civil society organizations,

the academia, political parties and other pressure groups on governance. The conference

was held for two days from 14th to 15th March 2012 at the Conference Hall of the

Limbe Cathedral of the Catholic Church in Blantyre. At the end of the conference

participants drew up a petition of the issues to be presented to the President. It was

understood that the petition made demands of what the President and the Government

were to address and gave an ultimatum that either the President was to resign within 60

days or he was to hold a referendum on the popularity of his administration within 90

days of the presentation of the petition. PAC further warned Government that failure to

comply with the ultimatum was going to result in PAC organizing nationwide

demonstrations against the President’s administration.

Ontheother hand, the churches and religious communities and groupings were also

giving unprecedented pressure to the President through the issuance of pastoral letters

critical of the Government on governance issues.

During the period, it was a well known fact that the Malawi Government relations

with some of Malawi’s neighbouring countries were at an all time low. Further, the

Government’s relations with some of key bilateral donors to Malawi had soured.

Relations with major multilateral financial institutions, such as the World Bank and the

International Monetary Fund (IMF), were not good either. The World Bank and the IMF

had withdrawn their programmes for the country. These developments severely affected

Government operations.

Diplomatic relations with Malawi’s former colonial power, the United Kingdom,

were severely strained when Malawi deported the British High Commisioner to Malawi,

for a leaked diplomatic memo to his Foreign Ministry critical of the President on

governance issues, and the British Government responded by expelling Malawi’s High

Commissioner to the United Kingdom.

During the period the country was also experiencing unprecedented economic crises.

There was acute shortage of foreign exchange in the country which severely affected

operations of businesses. This impacted very heavily on the importation of goods and

services.

During the period there were severe shortages of fuel supply, sometimes for

extended periods, resulting in long queues of motor vehicles at filling stations

throughout the country. The prices of commodities were soaring and it was clear that

Malawians were facing a lot of economic hardships.

The Commission decided not to ignore these occurrences and issues and heard

evidence from those who were closely serving the President to consider if these

occurrences and issues could have put pressure on the President.

5.1

PROPHECY BY T.B JOSHUAAND INTERACTION BETWEEN THE

PRESIDENTANDT.B.JOSHUA

The Commission took cognizance of the fact that there was a prophecy from T.B.

Joshua, prophesying the death of anAfrican President. This prophecy was aired on T.B.

Joshua’s Emmanuel TV on 5th February 2012 and repeated on 1stApril 2012, with an

indication that the concerned President was not from the West Africa region, and thus

directing the speculation to other regions of Africa including Southern Africa. This

raised speculation about which President in our region was going to die. In Malawi

there were media reports that following this prophecy Hon.Yunus Mussa, MP, and also

Government Minister and a senior member of the ruling party, DPP, conducted a ritual

sacrifice by slaughtering goats to remove the spell from the Malawi President.

The Guard Commander, Mr. Duncan Mwapasa, told the Commission that the trip

that the President made to Nigeria had nothing to do withT.B. Joshua. He explained that

the trip was to do with the issue of fuel supply. He confirmed to the Commission that

some time in 2011, the President received a book authored by T.B. Joshua. He told the

Commission that just as with any mail coming to the President in form of a letter for

example or in any other form, State House security is always concerned about such kind

of items because they can contain harmful substances.

The Commission heard in evidence that the President did receive a book authored

byT.B. Joshua. The said book was one of three books that one Ms. Patricia Lungu, who

is said to be a representative in Malawi of T.B. Joshua’s Synagogue, Church of All

Nations, got from T.B. Joshua during one of her outings to T.B. Joshua’s place in

Nigeria. Ms. Lungu told the Commission that during her visits to Nigeria, she usually

gets books and other things that she gives away to people in Malawi. During one of her

visits, T.B. Joshua gave her three books described as anointed which T.B. Joshua advised

her to give to prominent people in society here in Malawi. Actually these were three

copies of the same book.

Ms. Lungutold the Commission that sometime, after she had returned from Nigeria

and brought the three books, she was invited to go and say a prayer on the

commemoration of the World Nurses Day activities that were taking place at Masintha

Ground in Lilongwe on 21st May 2011. While at that event, she met the Principal

Secretary for Health, Dr. Charles Mwansambo, who was the guest of honour at the

function. She took the opportunity to hand him two of the three books, one of which she

gave to him. She then asked Dr. Mwansambo, being a senior Government official, to

give the other book to the President. She kept the third book. Both books that were

given to Dr. Mwansambo were not wrapped.

Dr. Mwansambo acknowledged to the Commission having met Ms. Lungu at the

commemoration of the World Nurses Day event in Lilongwe. He told the Commission

that indeed he got two books from Ms. Lungu titled “Roadmap- Reaching Out To A

Troubled World”. One book was for himself and the other book he was requested by Ms.

Lunguto give to the President. He told the Commission that after the function, he passed

on the book to Rev. Dr. Billy Gama, the President’sAdvisor on ReligiousAffairs, with

a request to pass it to the President35.

Rev. Gama confirmed to the Commission that he indeed received the book as a gift

for the President from T.B. Joshua through Dr. Mwansambo around May/June 2011.

He confirmed having passed on the book to the President36.

Rev. Gama told the Commission that during the mourning period for the late

President, he received a call from a reporter of The Daily Times, Mr. Dickson Kashoti,

asking about T.B. Joshua and his prophecies. The question from Mr. Kashoti was on the

letter allegedly written by the late President to T.B. Joshua acknowledging that the

President knew that he was theAfrican Head of State whom T.B. Joshua had predicted

was going to die. This letter was shown on T.B. Joshua’s Emmanuel Television during

one of his sermons. The letter was shown by T.B. Joshua himself. He did so by

displaying it to the congregation.

Rev. Gama explained to the Commission that he advised Mr. Kashoti that the only

letter that the late President wrote to T.B. Joshua was the one that Rev. Gama himself

35. A picture of a similar Book is attached as Annex 31.

36.Rev. Gama’s memo to the President on T.B. Joshua’s book, dated 26th May 2011 is attached asAnnex 32

drafted and which was signed by the President acknowledging receipt of the book. Rev.

Gama told the Commission that he advised Mr. Kashoti that he was not aware of any

other letter that the President may have sent to T.B. Joshua. Rev. Gama told the

Commission that he recalled that the contents of the letter that he had drafted and which

the President signed did not refer to the prophecy by T.B. Joshua. He produced a copy

of the letter to the Commission which read as follows:

“24th February 2012

Prophet T. B. Joshua,

The Synagogue, Church of All Nations,

1, Segun Irefin Street

Ikotun Egbe

LAGOS

Nigeria

Dear Prophet Joshua,

I write this letter to sincerely thank you for the special gift of an

anointed book that you sent to me. This gesture is highly appreciated.

Man of God, you are no doubt aware of the numerous challenges

that the world is currently facing, but as a Christian, I do believe that

everything is possible with God.

My request is that as you continue to pray for various countries

and people, please remember the Malawi nation in your prayers.

May God Bless you and your ministry.

Sincerely,

Professor Bingu Wa Mutharika,

PRESIDENT OFTHEREPUBLICOFMALAWI”.

Rev. Billy Gama informed the Commission that the said letter was dated 24th

February 201237. Rev. Billy Gama told the Commission that the President’s Secretary,

Mrs. Flora Muhara, confirmed to him that the letter was indeed sent to T.B. Joshua with

the same contents as outlined. He noted that the letter that T.B. Joshua was showing on

television was also dated 24th February 2012. However on television, T.B. Joshua just

showed the letterhead of State House and the President’s signature but did not show the

contents. Rev. Gama told the Commission that as far as he was concerned, the only

letter that was sent to T.B. Joshua from the President was the one dated 24th February

2012 and was merely acknowledging the President’s receipt of the books and nothing

else.

Rev. Gama further told the Commission that apart from this book, he also received

three books from General Mark Chiziko, retired, PresidentialAdvisor on Security, which

were also books by T.B. Joshua. This position was also confirmed in the testimony of

General Chiziko who indicated that he had received the said books from Mrs. Kadzeya,

37. A copy of President Bingu wa Mutharika’s letter to T.B. Joshua dated 24th February 2012 is attched as Annex 33.

wife of his fellow retired Army officer, Lt. General Kadzeya, who had collected them

during a visit to T.B. Joshua in Nigeria. Rev. Gama told the Commission that he sent the

books to theADC to pass them on to the President.

ThePresident’s Personal Secretary, Mrs. Flora Muhara, told the Commission that the

President indeed wrote T.B. Joshua acknowledging receipt of the first book that came

through Rev. Billy Gama. She emphasized that the letter was simply an

acknowledgement of receipt of the book and nothing else.

On the President’s reaction to the prophecy, Mrs. Muhara submitted to the

Commission that as far as she was aware, at no point did the President express any

concern or reaction about T.B. Joshua’s prophecy. She stated that ordinarily the President

would have mentioned something about the prophecy but to her it seemed the prophecy

never bothered the President at all.

Similarly, theADC, Major Cyprian Kondowe, in his testimony told the Commission

that the President was utterly unconcerned by the prophecy although it was obvious

that he was aware of it.

Mrs. Muhara told the Commission that the letter that the President wrote was passed

on to Ms.Patricia Lungu. She explained that Ms. Lungu was known to beT.B. Joshua’s

representative in Malawi who coordinated the activities and facilitated travels of people

who wanted to go to Nigeria.

About the unannounced trip to Nigeria, Mrs. Muhara told the Commission that she

was not aware of what the President went to do there on that trip.

5.2

THEPOLITICALANDECONOMICSITUATIONINTHECOUNTRY

The Commission took cognizance of the prevailing economic and political situation

close to the time of the death of the President.

The Commission received evidence that the situation may have appeared from the

outside not to have bothered the President. However, testimony from some witnesses

indicated that the situation did concern the President, if not openly, at least internally.

Dr. Hetherwick Ntaba told the Commission that a person in the seat of the President

has a lot of pressures and can develop conditions that can break him down. They may

be tough on the outside but very vulnerable inside. What were needed were constant

medical checks on them to make sure that their health conditions remained fine and

stable. Dr. Ntaba explained, just as did most witnesses who testified before the

Commission, that the late President was a strong man. He explained that the President

was under very heavy pressure and likened the situation to what happened to the late

Hon. Rodwell Munyenyembe who in 2005 collapsed from heart attack while presiding

over debates in Parliament and calling for order as the debates turned disorderly. He

was admitted at Kamuzu Central Hospital and later flown to South Africa where he

died. Dr. Ntaba further told the Commission that Presidents are also human and the

hostilities to which they are subjected may have consequences to their lives. He however

told the Commission that he himself as a medical doctor and a close aide to the President

never had cause to think that the President would succumb to a heart attack from what

he observed of him.

Rev. Billy Gama told the Commission that he recalled that on the fateful day, 5th

April 2012, he phoned the President in the morning. The President responded promptly

to the telephone call. In the ensuing discussion, Rev. Gama reminded the President that

the following day was Good Friday and asked the President where he was planning to

go and attend church service. Rev. Gama recalled that the President’s response was

that he was not going anywhere. Rev Gama recalled that the President said “No

sindipitako. A church angonditukwana.” [No, I will not go. Churches keep castigating

me.]

Rev. Gama then advised the President that it was the more reason he should go and

attend prayers and prove people wrong. He advised the President that sometimes it was

good to do the positive when people expect the negative from an individual and

recommended that the President do go and attend prayers at one of the Nkhoma Synod

CCAPchurches. Rev. Gamaproposed achurch of that Synod because it was just a week

or two before when the Nkhoma Synod issued a pastoral statement pointing out some

of the challenges that the country was facing and which was also critical of the President

on governance. The President maintained that he was not going anywhere.

Rev. Gama then advised the President that he had received a call from Bishop

BvumbweoftheLutheranChurchinforming him that the Catholic Church, theAnglican

Church and the Lutheran Church had planned to have Njira ya Mtanda (the Way of the

Cross) jointly the following day, Good Friday, in Area 23, Lilongwe. They wanted to

invite the President but they thought the road was not in good condition. The President

responded that he was not going anywhere. Rev. Gama then gave up and wished the

President happy Easter and the conversation ended there.

It is also worth noting that the Commission was informed that the President had

established a Presidential Committee within Government headed by Hon. Goodall

Gondwe, whichwasmandatedtoenter into dialogue with the PublicAffairs Committee

(PAC) following the ultimatum that PAC had given to the President and Government.

The Commission received testimony from Mr. Robert Mbirizi Phiri, Executive

Director of PAC, that they received a lot pressure from Government on various issues.

He recalled that prior to the holding of PAC’s so called all inclusive consultative

conference in Blantyre, he held two meetings with Hon. Goodall Gondwe and Dr.

Hetherwick Ntaba. The other meeting was also attended by Hon. Peter Mutharika. At

both meetings, PAC was asked not to proceed with the conference in Blantyre because

Government understood that the agenda of the conference was about regime change. He

stated that the Government representatives seemed under so much pressure from the

President to stop the PAC conference.

Mr. Phiri told the Commission that apart from the Committee, he had also been

approached by Rev. Billy Gama asking him to have the PAC conference postponed. He

also told the Commission that the Police also asked PAC not to proceed with the

conference. The conference was initially planned to be held at Mount Soche Hotel in

Blantyre. But it proceeded with change of venue to the conference hall of the Limbe

Cathedral of the Catholic Church after the booking at Mount Soche Hotel was cancelled

at the behest of Government functionaries.

Mr. Phiri informed the Commission that the conference passed several resolutions

and amongthe keyresolutions was that the President must resign within 60 days or call

for a referendum on the popularity of his Government within 90 days after the expiry

of the 60 days.

Mr. Phiri told the Commission that after the PAC conference in Blantyre, PAC had

three other meetings with the Government which discussed the issue of resignation of

the President. Mr. Phiri clarified to the Commission that the sequence of events was

that the President should resign within 60 days failing which he would be required to

call for a referendum within 90 days or risk nationwide mass demonstrations.

Mr. Robert Phiri explained that the most remarkable day was Tuesday, 3rd April

2012, two days before the President was taken ill. He explained that Dr. Hetherwick

Ntaba drove to his house and advised him that there was a meeting at Hon. Goodall

Gondwe’s house. Mr. Phiri proceeded to Hon. Goodall Gondwe’s house and the meeting

took place from around 10 pm. Mr. Phiri told the Commission that the main agenda for

the meeting was to discuss the 60 days ultimatum to the President. He was advised that

the President was very concerned with the call for his resignation and the meeting

wanted to know if that ultimatum was still standing. Hon. Gondwe and Dr. Ntaba

advised Mr. Phiri that the team was required to report to the President the same night.

Mr. Phiri told the Commission that he confirmed to the team that his instruction

from PACExecutive Board wasthat the call for the resignation of the President was still

standing. He informed the Commission that the meeting decided that there should be

another meeting where 6 people from PAC and 6 people from the Government side

should meet to discuss the matter further. The meeting was scheduled to take place on

Friday, 6thApril 2012. Mr. Phiri explained that on Thursday, 5thApril, he heard that the

President had collapsed and had been rushed to hospital.

CHAPTER6

FINDINGS

This Chapter presents the findings of the Commission based on the evidence that the

Commission received. Some of the evidence has been reviewed in the preceding

Chapters and the Commission has simply made its findings in this Chapter. Some of the

evidence has again been reviewed in this Chapter for the sake of putting the findings in

context.

The Commission has presented its findings in the order the evidence was received

which followed the order of events that occurred during the period. The findings have

been divided into the following areas:

(a)

(b)

(c)

(d)

(e)

(f)

(g)

6.1

Findings in respect of the date and place of death;

Findings in respect of the cause of death;

Findings in respect of the medical attention available to the President at the

time immediately preceding his death;

Findings in respect of the handling of the body of the President after his

death;

Other findings incidental to and connected with the death of the President;

Findings in respect of political transition; and

Findings in respect of unusual occurrences and issues.

DATEANDPLACEOFDEATHOFTHELATEPRESIDENT

From the evidence that the Commission received throughout the Inquiry it is clear

to the Commission that the late President of the Republic of Malawi, Ngwazi Prof.

Bingu wa Mutharika, was fine at the beginning of the day on Thursday, 5thApril 2012.

He had his breakfast with the First Lady as usual. While in the office, he attended to

somefewtelephone calls and started meeting some of the people who had appointments

with him that morning.

It is clear to the Commission that the late President collapsed in the audience room

while having audience with Hon. Mrs.Agnes Penemulungu, Member of Parliament for

Lilongwe City South East. From the evidence received the Commission established that

the late President collapsed at around 11:10 in the morning.

The Commission further established that after collapsing in the audience room, the

President was carried to his office by the Aide de Camp (ADC), Major Cyprian

Kondowe, and a Security Officer from the National Intelligence Service (NIS), Mr.

Benfrey Kamanga. At that point the President could neither speak nor respond to the

ADCandwas breathing with difficulties.

The Commission established that while in the President’s office, Mr. Kondowe and

Mr. Kamanga were joined by the Guard Commander, Mr. Duncan Mwapasa, and the

President’s physician, Dr. Dan Namarika.

It is also clear to the Commission that the President was carried from his office down

the lift to an ambulance in which he was taken to hospital. It was clear from the evidence

that at the time that the President was being carried downstairs and into the ambulance,

he was still unconscious and was gasping for breath. This condition of the President

remained the same as the ambulance was leaving State House.

From the evidence received, the Commission also established that at the time that

the President arrived at the Kamuzu Central Hospital, his eyes were closed, he was

motionless, could not respond to anything and that there appeared to be no sign of life

in him.

It was also the Commission’s finding that when the President was connected to the

machines in the ICU, there was no response whatsoever and, again, he showed no sign

of life.

The Commission established that the President was admitted into the ICU at 11:30

in the morning on the Thursday, 5thApril 2012.

From the totality of the evidence received by the Commission on the aspect of date

of death and place of death of the late President of the Republic of Malawi, Ngwazi

Prof. Bingu Wa Mutharika, it is the Commission’s findings that the President died on

Thursday, 5thApril, 2012, in the ambulance, a Toyota Land Cruiser registration number

MG944AB, en route to Kamuzu Central Hospital.

It is further the Commission’s finding that the President was brought in dead (BID)

at Kamuzu Central Hospital at around 11.25 in the morning.

6.2

CAUSEOFDEATH

It must be mentioned that at the time of winding up its business, the Commission had

not been furnished with the postmortem report from the hospital that conducted the

postmortem on the President in SouthAfrica. The Commission made all efforts in a bid

to get the report of the postmortem examination including toxicology. In these efforts,

the Commission made several contacts with the Surgeon General in SouthAfrica. The

Commission also sought the assistance of the Ministry of Health in Malawi and also the

assistance of the Malawi High Commission in South Africa. The Commission also

sought the intervention of the Malawi Head of State at that level. In the end the

Commission has been advised by the Malawi High Commission that the postmortem

report has not yet been issued by the hospital in South Africa.

Further, in the testimony of the former Malawi High Commissioner to SouthAfrica,

Mrs.Agrina Mussa, she informed the Commission that the hospital authorities in South

Africa enquired from her as to whom to release the postmortem report when it has been

issued. Mrs. Mussa told the Commission that she then asked the former First Lady who

told her that the report should be released to the family. Mrs. Mussa advised the hospital

authorities accordingly.

The findings made in this Report on this aspect are therefore based on the evidence

of witnesses who witnessed the postmortem examination in South Africa and

participated in the meeting that took place among doctors after the postmortem

examination to make a preliminary determination of the cause of death. These witnesses

are Prof. George Liomba, a specialist pathologist, and Dr. Dan Namarika, the personal

physician to the late President. The findings are also based on the Notice of Death that

was issued by Professor G. Saayman, Chief Specialist of Forensic Pathology Service,

Pretoria which records the cause of death. The Commission understood that Notice of

Death is not the same as the postmortem report.

The Commission established that despite the fact that the President looked normal

and acted normally, he was under very intense pressure in the period immediately before

his death.

The Commission established that the events that were taking place in the country

prior to his death such as the general political and economic situation, impending

demonstrations and calls for him to resign exerted so much pressure on him. The

Commission established that the President had a history of having suffered a heart attack

in 2009, which was however described as minor.The Commission established from the

submissions of two of the country’s senior medical specialists, Prof. Jack Wirima and

Prof. Johnstone Kumwenda, and from the testimony of Prof. Liomba that a person with

such history is prone to suffer repeated irregular heart conditions.

On the issue of cause of death, the Commission has concluded from the evidence

before it that the President died of cardiac arrest due to cardiac arrhythmia (irregular

beating of the heart).

6.3

MEDICAL ATTENTION AVAILABLE TO THE LATE PRESIDENT

IMMEDIATELYPRECEDINGHISDEATH

TheCommissionexaminedthe medical facilities that were available to the President

generally and also looked at the help that the President got when he collapsed at State

House. The Commission noted that under the Presidents (Salaries and Benefits)Act the

only stated medical benefit for the President is to have a personal physician. The late

President as stated in this Report had a personal physician in the name of Dr. Dan

Namarika.

The Commission established that the facilities that were available at State House

for the President were purely of first aid nature. This was in the form of the President’s

medical kit which was always in the possession of the President’s personal physician.

The Commission further noted that there was an examination bed in the office of the

President’s personal physician.At the time that the Commission visited the office at the

beginning of the Inquiry in July 2012, there was no medical equipment in the office.

The Commission also established that there is a clinic at State House. This clinic

mainly caters for the general staff at State House and does not have facilities intended

for the medical care of the President.

The Commission therefore makes the following findings:

(a) On the aspect of medical personnel at the service of the President, the

Commission finds that the President had a personal physician as required by

the Act in the name of Dr. Dan Namarika. He also had Mrs. Thenjiwe Dissi

Mittawa who served as the President’s nurse whose qualification, however,

was not as nurse but as a MedicalAssistant.

(b) Ontheaspectofmedical equipment available to the President, the Commission

finds that the medical kit at the disposal of the personal physician was adequate

but the Commission finds that it was inappropriate that the equipment was the

personal property of the President and did not belong to the Government.

(c) On the location of the office of the President’s personal physician, the

Commission finds that the office was located too far from the President’s office

for expediency in times of an emergency. The Commission noted that the office

waslocated a floor below the office of the President and that this would hamper

easy access by the doctor to the President and vice versa in times of an

emergency.

(d) Asregards the help that the late President received at the time he collapsed, it

is the finding of the Commission that the medical attention that he received

was not adequate. The Commission found that there were several areas which

at the time that the President collapsed the President’s personal physician did

not perform satisfactorily or as would be expected, as follows:

(i)

The President’s physician failed to immediately apply the required

procedures such as intubation of the President to secure the airway when

he proceeded to attend to the President as he did not have the required

equipment on him.

(ii) The Commission established that because of the injury to one of his arms

the President’s physician was physically unable to perform some of the

emergency medical procedures, such as CPR, that he would normally

have performed. As earlier indicated in this Report, the President’s

physician had been previously involved in a motor vehicle accident in

which he suffered injury to one of his arms and was undergoing

physiotherapy on the arm at the time of the President’s collapse. He was

therefore not able to make use of his injured arm. He could only conduct

the emergency procedures with both arms functioning.

(iii) While the President was laid in his office, the President’s personal

physician left the President unattended by any medical personnel and

rushed downstairs all the way to his house to collect the medical kit.

During this time there is no evidence that the non-medical staffs (all

security men) who were attending to the President were performing any

medical procedures to try and resuscitate the President.

(iv) The two medical staff, that is, the personal physician and the personal

nurse, failed to apply the intravenous line (IV Line) as they were

proceeding in the ambulance to the hospital. While in their testimony they

sought to establish that they were doing something on the way to the

hospital, it is the Commission’s finding that there was nothing effective

that was being done in the ambulance en route to the hospital. With his

one arm injured, the doctor, in particular, was handicapped.

In view of the above, it is the Commission’s finding that the medical attention that

was accorded to the President from the time of his collapse to his arrival at the hospital

was not adequate. The Commission finds that this lapse of immediate medical attention

was a critical flaw in managing the President’s medical condition.

On the other hand, it is the Commission’s finding that the medical staff at Kamuzu

Central Hospital acted to the best of their ability in the attention they gave to the

President when he was referred to the hospital. However, those efforts came too late to

resuscitate or revive the President.

6.4

HANDLING OF THE BODY OF THE PRESIDENT AFTER HIS

DEATH

The Commission established that the handling of the body of the late President from

the time he was clinically pronounced dead at Kamuzu Central Hospital to the time that

the body was flown to SouthAfrica contributed to a condition of decomposition by the

time it arrived at the mortuary in South Africa at around 5 am on 6th April 2012. This

amounted to a period of about eighteen hours without the body of the President being

preserved as a dead body.

The Commission finds that the handling of the body of President Bingu wa

Mutharika, due to attempts to conceal his death, to have been most unbefitting for the

honour and respect of a Head of State in death.

6.5

OTHER FINDINGS INCIDENTALTOAND CONNECTED WITH THE

DEATHOFTHEPRESIDENT

6.5.1 Government Leadership in Managing the Affairs Relating to the Passing of

the President

The Commission established that in the immediate period of the President’s illness

and death, the leadership of the Government in managing the affairs of State relating to

the condition and demise of the President fell to three individuals. These were Hon.

Goodall Gondwe, MP, Hon. Prof. Peter Mutharika, MP, and the Chief Secretary Mr.

Bright Msaka, SC. This was in accordance with the practical, but unconstitutional,

situation which had evolved within the Executive at the time.

The Commission learnt that with the exclusion of the Vice President, Rt. Hon. Mrs.

Joyce Banda, from executive functions by the system, the ranking of seniority in

Government put Hon. Peter Mutharika next after the President and then Hon. Gondwe,

third. Thus, Mr. Msaka, as Chief Secretary, was working with this leadership of the

Executive Branch of Government. They were all at the hospital at the time and were

accorded the fitting respect of sitting in the office of the Hospital Director which then

became their operational office.

6.5.2 Information Regarding the Death of the Late President

It is the Commission’s finding that after attempts to resuscitate the President at the

hospital failed, the hospital team of medical doctors, namely, Dr. Wesley Sangala, Dr.

Carlos Valera, Dr. NoordeenAlide and Dr. Dan Namarika, officially informed the senior

Government officials sitting in the Hospital Director’s office that the President had died.

These officials were Hon. Peter Mutharika, Hon. Goodall Gondwe and the Chief

Secretary, Mr. Bright Msaka, SC.

The Commission established that the evidence tendered during the Inquiry

overwhelmingly supported the fact that the three knew about the death of the President

right at the hospital. However, in their own testimony to the Commission the three

denied having been informed about the death at the hospital. From the totality of the

evidence tendered during the Inquiry, the Commission finds that the three were informed

of the death of the President by the team of the four doctors and therefore knew about

the death from as early as 2.30 in the afternoon.

It is also the Commission’s finding that Dr. Namarika personally communicated the

death of the late President to the President’s family right at the hospital. This

communication was followed by viewing of the body of the late President by three of

his family members, individually and in turn, namely, the First Lady, Madam Callista

Mutharika, the President’s daughter, Mrs. Duwa Mutharika- Mubaira, and the

President’s brother Hon. Peter Mutharika. The last to view the body in hospital was a

Catholic Priest, Father Taylor, who did so with the permission of the First Lady and

gave the last anointing prayer.

The Commission established that it was common knowledge among medical and

support staff working in the ICU at that time that the President had died.

The Commission established that apart from the medical and support staff working

in the ICU, the following people were among the first to officially know or be officially

informed about the death of the late President right at the hospital at or around 2.30 in

the afternoon:

• Hon. Peter Mutharika, MP, brother to the late President and Minister of Foreign

Affairs.

• Hon. Goodall Gondwe, MP, Minister of Energy, Mines and Natural Resources.

• Mr.Bright Msaka, SC., Chief Secretary.

• Hon. Dr. Jean Kalirani, MP, Minister of Health.

• MadamCallista Mutharika, First Lady.

• Mrs. DuwaMutharika-Mubaira, the late President’s daughter.

• Dr. Hetherwick Ntaba, Presidential Spokesperson.

• General Henry Odillo, Commander of the Malawi Defence Force.

• Mr.Peter Mukhito, Inspector General of Police.

• Mr.Bintony Kutsaira, Director of National Intelligence Service.

The Commission also established that by the evening of Thursday, 5th April 2012,

it was commonly knownbymostCabinet Ministers and senior Government officials in

the Office of the President and Cabinet, Ministry of Health and at State House that the

President had died.

6.5.3 Attempts to Conceal the Death of the Late President

The Commission established that there were several attempts by those in authority

to conceal the fact of death of the late President.Among the attempts, the Commission

established the following:

(i)

(ii)

ThePresident’s personal physician, Dr. Namarika, was instructed by the Chief

Secretary, Mr. Bright Msaka, SC, to advise the air ambulance crew that the

late President was being stabilized and that the air ambulance should still

come to Malawi to evacuate him as a patient. Dr. Namarika passed on this

message to the air ambulance crew with full knowledge that the President had

died.

The President’s personal physician, Dr. Namarika, failed to formally confirm

the death of the late President on the hospital file or on any record available

within the hospital. The Commission was not satisfied as to why he did not

confirm the death of the President here in Malawi bearing in mind that he

was part of the team of doctors who conveyed the message of death of the

President to the officials sitting in the Hospital Director’s office, to the family

members and the air ambulance medical personnel when they had arrived at

the hospital to evacuate the President. The Commission finds that the

President’s personal physcian, as the leading doctor attending to the President

at the hospital, had sufficient time to certify the death of the President in

Malawi.

The Commission also found that the hospital record of the President made available

to the Commission lacked a number of particulars including the name of the patient. The

Commission established that the hospital record fell short of the required standard of a

normal hospital record.

(iii)

The Commission established that the President’s personal physician opted

not to disconnect all the medical equipment to the late President’s body in

order to give an impression that the President was still alive.

(iv)

The Government through the State House issued a press statement, aired on

MBCon5thApril at 8 pm, announcing that the President had been taken ill

and was being flown to South Africa for further medical attention. The

Commission established that this press statement originated from the Office

of the President and Cabinet and was sent to the State House Press Officer for

release. The State House Press Officer, Mr. Albert Mungomo, informed the

Commission that he released the press statement with only minor corrections.

The Commission established that the Chief Secretary Mr. Bright Msaka, SC,

was aware of the death of the late President yet his office caused the release

of the false press statement indicating that the President was ill when the had

in fact long died.

(v)

(vi)

After leaving hospital on the afternoon of the 5thApril 2012, with knowledge

of the President’s death, the Chief Secretary informed the Attorney General,

Justice Maxon Mbendera, SC, that the President was incapacitated. The Chief

Secretary asked theAttorney General for a legal opinion on the way forward

following the incapacitation which was an incorrect premise for the legal

opinion.

During the stand-off at Kamuzu InternationalAirport, there were suggestions

that the late President be taken back to KCH ICU instead of a mortuary.There

were also suggestions to take the body back from the airport to State House.

This was despite the fact that at that time, the late President’s body had been

exposed in the open space for over 10 hours and without its proper treatment

as a dead body. The Commission established that all these suggestions were

being made to hide the fact that the President had died.

(vii) At the meeting of Cabinet Ministers held at OPC on the morning of Friday,

6thApril 2012, none of the officials of Government or Cabinet Ministers who

officially knew about the death of the late President disclosed to the gathering

that the President had died. Hon. Goodall Gondwe, Hon. Peter Mutharika,

Hon. Jean Kalirani and the Chief Secretary, Mr. Msaka, SC, attended the

meeting but none of them disclosed the true position. Hon. Gondwe was the

chairman of the meeting. Instead the gathering was advised that the President

had fallen sick and had been flown to South Africa for further medical

attention. Actually by that time, the President was lying in a mortuary in

South Africa. The other Cabinet Ministers who knew about the death, albeit

not officially, also did not raise any question or challenge about the true status

of the President’s condition.

(viii) The Commission further established that the meeting of the DPPNGC in the

afternoon of Friday, 6th April 2012, was also not told the truth by party

officials, notably by the Chairman of the meeting Hon. Goodall Gondwe and

also by Hon. Peter Mutharika, when he addressed the meeting in accepting

his election as Acting President of the party, regarding the true status of the

President. The meeting was told that the President had been taken ill and had

been referred to SouthAfrica for further medical attention when the President

had died, and was known to have died, in Malawi over twenty fours before

that meeting.

(ix)

The Commissionfinds that the decision not to disclose the fact of death of the

President immediately it had occurred was taken by the leadership, as

described, of the Executive Branch before they left hospital and all actions of

the Government and Government officials followed that decision.

(x)

TheCommissionestablished that the President’s identity was disguised on the

particulars of his flight to South Africa with his name given as Mr. Daniel.

Phiri, although his passport number was correctly indicated.

6.5.4 Delay in Announcing the Death

The Commission established that there was unnecessary delay in the announcement

of the death of the President.

The Commission noted that there was failure by the Office of the President and

Cabinet to promptly take measures to announce the death of the President. The Chief

Secretary told the Commission that as a far as he was concerned, his office was not

responsible for announcing the death of the President and that it was his expectation that

the one to preside over the meeting of Cabinet Ministers would be the person to

announce death first to the Ministers after he, as Chief Secretary, had made his prepared

introductory remarks to the meeting. In the expectation of the Chief Secretary, this

meant that it was Hon. Goodall Gondwe that was to inform the meeting of Ministers

about the death of the President as he was the one presiding over the meeting. It is

however to be noted that it was indeed the Office of the President and Cabinet which

eventually announced the death of the President on Saturday 7thApril 2012 by issuing

a press release under the authority and signature of the Chief Secretary.

The Commission finds that it is the Office of the President and Cabinet, through the

Chief Secretary as keeper of the office, that was properly placed to announce the death

of the President.

The Commissionestablished that before announcement of death the Chief Secretary

initially sought the permission of the First Lady, who directed him to clear the matter

with Hon. Peter Mutharika as brother of the President. The Commission further

established that the Chief Secretary then contacted Hon. Goodall Gondwe concerning

the announcement of death and Hon. Gondwe agreed that death be announce on 7th

April 2012.

The Commission established that the announcement of death on 7th April was

amongother things, generally influenced by the international media which was reporting

about the death and more especially by pressure from the South African Government

which is said to have advised that President Jacob Zuma was going to announce the

death if the Malawi Government was failing or delaying to do so.

The Commission finds that the delay to announce the death of the President

immediately it occurred and within the reasonable time after the doctors had informed

the authorities on the day he died, on 5thApril 2012, was part of the scheme to prevent

the Vice President, Rt. Hon. Joyce Banda, to succeed the office of President in view of

her political exclusion from the Executive and that this scheme was hatched early after

a team of doctors at Kamuzu Central Hospital had conveyed the message of the

President’s death to the Government authorities.

6.6

FINDINGS IN RESPECTOFPOLITICALTRANSITION

6.6.1 Meeting in the Office of the Hospital Director

The Commission established that there was a meeting involving Government

officials who were sitting in the office of the Hospital Director of KCH. The meeting

was attended by Hon. Peter Mutharika, Hon. Goodall Gondwe and Mr. Msaka, SC.

The Commission established that at some point while the officials were in the

hospital director’s office, they were briefed by the President’s personal physician who

painted a grim picture of the President’s condition and assured them of the efforts by the

medical personnel to do what was possible but added that, even if resuscitation efforts

succeeded, the President was likely to remain incapacitated.

Following that brief, the meeting discussed a number of things on how to handle the

political situation. They resolved, among other things, that the referral case against the

Vice President, Rt. Hon. Mrs. Joyce Banda, that was already in court be revived and that

a challenge be mounted against her being sworn in as President.

The Commission also established that the meeting resolved that the three officials

should meet the heads of the Malawi Defence Force and the Police to discuss the

situation.

6.6.2 Attempts to Stop the Swearing in of the Vice President and To Swear Peter

Mutharika as Acting President

The Commission established that Cabinet Ministers met at OPC on 6thApril 2012

in the morning, where it was agreed that an injunction be obtained from the High Court

stopping the swearing in of the Vice President, Rt. Hon. Joyce Banda, as President.

From the evidence received in the Inquiry the Commission established that the

Ministry of Justice was instructed to institute the court process challenging the

ascendancy of the Vice President to the office of President.

The Commission established that court documents, including the affidavits in

support of the application, to stop the swearing in of the Vice President as President

were prepared by Dr. Zolomphi Nkowani, Senior Deputy Chief StateAdvocate, under

the supervision of the Attorney General, Justice Maxon Mbendera, SC. Preparation of

the court documents was completed by the evening of 6th April, 2012. The affidavits

were signed later before midnight by two Ministers, Hon. Henry Mussa, MP, and Hon.

Dr. Jean Kalirani, MP, in readiness of the filing of the application in court.

The Commissionfurther established that the plan that was in place was that once the

court process was filed, Cabinet Ministers were going to proceed to elect an Acting

President and an Acting Vice President to take charge of the country. They would be

invoking section 85 of the Constitution which allows for Cabinet Ministers to do so in

the event of simultaneous vacancies in the Offices of the President and Vice President

and thus asserting that the Office of the Vice President was vacant. The plan therefore

was that Cabinet Ministers were going to have Hon. Peter Mutharika sworn in asActing

President as soon as court process was taken and received by the court.

The Commission finds that the attempt and the decision to stop the swearing in of

the Vice President as President, albeit by court process, were by the entire body of

Ministers resulting from their discussion during the morning of 6th April 2012. The

only Ministers who did not attend the meeting were Hon. Dr. George Chaponda and

Hon. Reene Kachere. The decision of the Ministers was a collective one.

6.6.3 Request to the Army to take Over the Government

The Commission was informed that there was a request made to the Commander of

the Malawi Defence Force, General Henry Odillo, for the Malawi Defence Force to

take over Government.The Commission heard that in the first instance, while still at the

hospital, Hon. Peter Mutharika asked the Chief Secretary, Mr. Bright Msaka, SC, if it

would not be a good idea that theArmy took over Government. This idea was opposed

right away by the Chief Secretary who immediately sought assurance from General

Odillo on whether the Army knew its role in times of the event at hand.

The Commission further established that the MDF Commander, General Henry

Odillo, and the Inspector General, Mr. Peter Mukhito, were called to a meeting at Hon.

Prof. Peter Mutharika’s house inArea 43 in Lilongwe. Present during the meeting were

Hon. Goodall Gondwe, Hon. Peter Mutharika, Mr. Bright Msaka, SC, General Henry

Odillo and Mr. Peter Mukhito. The meeting was held around 5 o’clock in the evening

on 5thApril 2012.

The Commissionwasinformedthat at the meeting, Hon. Goodall Gondwe requested

General Odillo if the Malawi Defence Force could take over Government in the event

that their plan was not supported by the people and violence ensued. The Malawi

Defence Force was being requested in that event to take over the Government until the

situation had stabilized after which the Malawi Defence Force would hand over power

back to the politicians.

It is the Commission’s finding that the request for the Malawi Defence Force to take

over State power was made at the meeting but was turned down by General Odillo.

Despite denials by Hon. Gondwe, Hon. Mutharika and the Chief Secretary, Mr.

Bright Msaka, SC, the Commission stresses that its finding in this regard is based on

what it considered to be forthright testimony of General Odillo to the Commission both

in his first appearance before the Commission and during his second appearance on

recall. His testimony on this point was unequivocally supported by the testimony of the

Inspector General, Mr. Peter Mukhito, when he appeared a second time after he had

been recalled precisely on this issue of the take-over by the Malawi Defence Force if at

all it had been discussed at the meeting at Hon. Peter Mutharika’s residence.

6.6.4 The Midnight Press Statement

The Commission established that Cabinet Ministers met in the evening of 6thApril

2012 to receive a report from the meeting of the DPP NGC that was held earlier in the

afternoon that day after the meeting of Cabinet Ministers in the morning. This second

meeting of Ministers was also held to receive progress report on the application for a

court injunction to stop the swearing in of the Vice President pending court

determination of the issue of her eligibility to succeed in the office of the President and

to allow Cabinet to elect anActing President and anActing Vice President under section

85 of the Constitution.

The Commission established that at this second meeting attempts were made by

someMinisters to have Hon. Peter Mutharika elected asActing President of the country.

The Commission established that the meeting failed to agree on the matter. In the end

the meeting resolved that the election of Hon. Mutharika as Acting President should

only be done after court documents were filed in court and the order was granted. The

meeting noted that proceeding to elect Hon. Mutharika at the meeting as proposed would

prejudice the court case.

The Commission established that the meeting resolved that in the interim a press

statement should be drafted to prepare the general public about Government’s intention

to stop the swearing in of the Vice President, Rt. Hon. Mrs. Joyce Banda, as President

and to have Hon. Peter Mutharika instead sworn in asActing President of the country.

The Commission established that five Ministers, namely, Hon. Patricia Kaliati,

Minister of Information and Civic Education, Hon. Henry Mussa, Minister of Local

Government and Rural Development, Hon. Dr. Jean Kalirani, Minister of Health, Hon.

Nicholas Dausi, Deputy Minister in the Office of the President and Cabinet and Hon.

Kondwani Nankhumwa Deputy Minister of Foreign Affairs and International

Cooperation, were given the responsibility of discussing and drafting the intended

statement. The five Ministers were assisted in the drafting of the statement by the Chief

Secretary, Mr. Bright Msaka, SC, the Deputy Chief Secretary, Mr. Necton Mhura and

the President’s Legal Advisor, Mr. Allan Ntata. This is the statement that came to be

popularly known as ‘the Midnight Six Statement’following its airing by a team of six

ministers close to midnight on the MBC Television on 6th April 2012. These six

ministers were the five named above plus Hon. Symon Vuwa Kaunda, Minister of

Sports, Youth Development and Welfare.As stated earlier in this Report, the statement

was read out by Hon. Mrs. Patricia Kaliati on behalf of the group.

Regarding the Midnight Press Statement it is the finding of the Commission that

the drafting of the statement was on the instructions of the full meeting of Cabinet

Ministers. It was read back to them in plenary after it had been prepared upon which

instructions were given to have the statement aired on MBC television and radio.

6.6.5 Abandonment of the Court Process by the Attorney General

The Commission established that the idea of going to court was abandoned on the

morning of 7th April 2012. The Commission established that the Minister of Justice,

Hon. Ephraim Mganda Chiume, and the Attorney General, Justice Maxon Mbendera,

SC, agreed between them not to proceed with the matter. The Attorney General then

instructed Dr. Zolomphi Nkowani not to proceed with the process.

6.6.6 Attempts to Issue Court Process through Private Lawyer

The Commission established that after the Attorney General declined to proceed

with the court process, a private lawyer, Mr. Tamando Chokotho, was contacted that

morning of 7thApril 2012 to take over the case on behalf of the DPPin its own interest

as a political party. A meeting to issue such instructions took place at Hon. Peter

Mutharika’s house in Area 43. It was attended by notably, Hon. Peter Mutharika, Hon.

Goodall Gondwe and Hon.HenryMussa.TheCommissionestablished that the Deputy

Chief Secretary, Mr. Necton Mhura, also attended the meeting.

The Commission established that Mr. Chokotho refused to take up the instructions.

It is the Commission’s findings that it was at this point that attempts to go to court by

Ministers, or some Ministers, and by the party were abandoned.

6.6.7 The Judiciary and the Transition

From the totality of the evidence, the Commission established that there were no

judges who gathered at Hon. Peter Mutharika’s house on the 6th or 7th April 2012 for

the purposes of swearing Hon. Peter Mutharika asActing President of the country. The

Commission however established that the Chief Justice went to the house of Hon. Peter

Mutharika on Friday, 6th , and Saturday, 7th ,April 2012 to offer his condolences to him

on the death of the President as a family friend.

6.6.8 The Malawi Defence Force and the Transition

The Commission established that as a State institution, the Malawi Defence Force

was the first to formally recognize the Vice President, Rt. Hon. Mrs. Joyce Banda, as

the legitimate successor to the late President following his death. This followed a

telephone call on Friday, 6th April, by the Vice President to the Commander of the

Malawi Defence Force, General Henry Odillo, requesting him to attend a press

conference that the Vice President had scheduled for that afternoon at her official

residence in Area 12. The Commander sent two senior officers, namely, Brigadier

General Ignatius Maulana and Major General John Msonthi, on his behalf, to the

residence of the Vice President to pay her the due recognition and salute her.

The Commission finds that this development significantly changed the course of

events and led all main players to accept the constitutional order that is laid in the

Constitution by which the Vice President is to assume the office of President in the

event of a vacancy in that office. The Commission commends the Malawi Defence

Force, led by the Commander General Henry Odillo, for their conduct in respecting the

country’s constitutional order and further for refusing the suggestion to take over

Government as the Commission has earlier reported.

6.6.9 Ministry of Justice and the Transition

The Commission has established that the action of the Ministry of Justice and

ConstitutionalAffairs, in slowing down the process of applying to court for an injunction

to stop the swearing in of the Vice President, Rt. Hon. Mrs. Joyce Banda, as President

and in finally abandoning the process, contributed to avert what could have been a

chaotic and volatile political and security situation in the country, given the strong voices

that were coming from civil society and various other groups in the country opposing

the handling of the situation by the Government. Further, the Commission finds that

the attempt to present such an application to court by the Attorney General in the face

of clear provisions of the Constitution would have amounted to an abuse of the judicial

process by the very officers of State.

6.6.10 Reports of Looting of Government Property During Transition

The Commissionestablished that reports of looting of Government property at State

House during the period were not substantiated or supported by the evidence gathered

during the Inquiry. The Commission however established that personal property

belonging to the President and to the First Lady was moved out of State House.

6 .7 FINDINGS IN RESPECT OF UNUSUAL EVENTS PRIOR TO THE

DEATHOFTHEPRESIDENT

6.7.1 Prophecy by T.B. Joshua and Books by T.B Joshua received by the President

The Commission established that the President was not affected at all by T.B.

Joshua’s prophecy. The Commission established that the President’s trip to Nigeria had

nothing to do with T.B. Joshua’s prophecy but was a Government trip in connection

with sourcing fuel supply to Malawi.

Onthebooks, the Commission established that none of the books byT.B. Joshua that

found their way to the President had been sent by T.B. Joshua specifically to the

President. The Commission further established that the President was not the only

person who had received books by T.B. Joshua in Malawi. The Commission further

finds that the books did not in any way have a bearing on the President’s health or death.

The Commission further established that the President did acknowledge to T.B.

Joshua in writing, by letter dated 24th February 2012, that he had received a book. This

response was in respect of the first book. The letter merely thanked T.B. Joshua for the

book and made no reference to the prophecy.

The Commission further finds that the President wrote to T.B. Joshua under the

mistaken belief that the book had been sent to him by T.B. Joshua himself and directly.

The President would most probably not have written his letter to T.B. Joshua if he knew

that this was not the case. In this respect, the Commission established that the President’s

aides were pestered to get the President to write the letter of acknowledgement which

he did in February 2012, nine months after the book had found its way to the President’s

Desk in May/June 2011, and which T.B. Joshua took advantage of display it to his

congregation, televised to the wider audience on his Emmanuel TV, but without

disclosing the exact contents of the letter.

6.7.2 Political Situation in the period before the death of the President

From the testimony received the Commission finds that the general political

environment that prevailed during the period immediately before his death including,

demands for his resignation with absolute ultimatums and threats of nationwide

demonstrations, did concern the President to some degree.

CHAPTER7

RECOMMENDATIONS

7.1

MEDICAL FACILITIES AND MEDICAL PERSONNELL FOR THE

PRESIDENT

Looking at the events that occurred during the illness of the late President, the

Commission recommends to Government as follows:

7.1.1 Establishment of a Presidential Medical Facility

The Commission recommends that Government needs to construct or establish a

presidential medical facility at the headquarters of the Malawi Defence Force in

Lilongwe which is the seat of Government where the President regularly resides. Such

a facility needs to be properly equipped with top of the range medical equipment

dedicated to the treatment of the President in case of illness, as well as in case of death,

as is the practice in most other countries. Location of such facility within the military

compound will also serve to safeguard the security and privacy of the President, unlike

having the President admitted or treated at a public hospital.

7.1.2 First Aid Facility at State House

There is need for the Government to establish a well equipped first aid facility within

State House, as close to the President’s office as possible, to cater for any medical

emergency that may befall the President.

7.1.3 Amendment of the President (Salaries and Benefits) Act

The provision on medical benefits for the President in the President (Salaries and

Benefits) Act (Cap 2:02 of the Laws of Malawi) which provides for only a personal

physician should be amended to provide that the President shall be entitled to three

medical personnel, that is, a personal physician, a personal anesthetist and a personal

nurse, all of whom shall be persons properly qualified and experienced in their

capacities.

7.1.4 State of the Art Ambulance on Presidential Motorcade

The Commission recommends that there is need for a state of the art Presidential

ambulance on the Presidential convoy to replace the ambulance in use at the time of the

death of the President which in the view of the Commission did not have the necessary

emergency equipment and was not as spacious as to be suitable for the conduct of some

medical procedures, such as CPR.

7.1.5 Training of State House Personnel in First Aid

The Commissionrecommendsthat all close security personnel serving the President

should receive continuing training in first aid and CPR procedure.

7.2

AVAILABILITY OF ESSENTIAL DRUGS IN THE ICU OF CENTRAL

HOSPITALS

In view of the testimony received by the Commission that when the President was

admitted at the ICU at Kamuzu Central Hospital, some essential emergency drugs were

not available, the Commission recommends that a routine procedure be developed for

ensuring that at all times essential emergency drugs and equipment are available in

Intensive Care Units at all central hospitals in the country.

7.3

ANNOUNCEMENTOFTHEDEATHOFTHEPRESIDENT

The Commission recommends that in the event of death of the President the Office

of the President and Cabinet, through the Secretary to the President and Cabinet, should

take prompt steps to announce the death of the President so as to facilitate timely

assumption of that office by the Vice President in accordance with the Constitution.

The Commission takes the view that the Constitution does not envisage a moment

whenthe country shall be without a Head of State.This is evident from the Constitution

itself in two provisions. First under section 81(4), the Constitution provides that the

President shall hold office until such time that his or her successor is sworn in office.

Secondly, under section 83(4) the Constitution provides for the instant assumption of

office of President by the Vice President in the event of a vacancy.

7.4

REVIEWOFTHECONSTITUTION

The Commission understood that the root cause of the political crisis which was the

subject of its Inquiry was the fall-out in 2010 between the then President and the Vice

President which resulted in the expulsion of the Vice President from the ruling party of

the President and the consequent exclusion de facto of the Vice President from

exercising executive functions within the State machinery, which included her exclusion

from Cabinet meetings. This crisis was allowed to fester and deepen for an extended

period with the result that Government and ruling party operatives and functionaries

followed the same line in treating the Vice President in their operations.

It is common knowledge that following her expulsion from the ruling party in 2010

the Vice President, Rt. Hon. Mrs. Joyce Banda, was ignored, disrespected and despised

by the entire Government machinery. As this Inquiry has shown, this state of affairs

continued even after the death of the President and up to the night before the day the

Vice President was sworn into office as President. It is clear to the Commission that,

strange as it may seem, there was no preparedness among Government and ruling party

functionaries that a President, or indeed that President Mutharika, could die a sudden

death while in office and that Mrs. Joyce Banda as Vice President was the only one

eligible, by the Constitution, instantly to step into that office. In this scenario, the crisis

that engulfed the country following the death of President Bingu wa Mutharika was a

crisis that was ever present waiting to happen.

TheCommissionhasestablished that during the crisis the Vice President felt isolated

and initially had to look to outside Government structure for support for what was

correctly her role under the Constitution, which was to assume office of President and

take charge of the affairs of State.

The Commission recommends that there is need to address the issue of work

relationship between a President and a Vice President in the course of their term of

office as the souring of their relationship has serious bearing on the affairs of State. As

we have seen in this Inquiry, this situation also had a bearing on the transition. The

Commission specifically recommends that the relevant provisions of the Constitution

be reviewed to address this issue. The Commission wishes to observe that the

occurrence of this issue of fall-out between the President and Vice President has

happened during all other terms of Presidential office since the present Constitution

was adopted in 1994.

In recommending this limited review of the Constitution, the Commission realises

that issues of human character and behaviour cannot be regulated simply by just laying

down constitutional provisions on paper. The Commission therefore further

recommends that the review could, among other things, consider the instituting of a

mechanism for mediation and conciliation in cases of clear and open manifestation of

rifts between the holders of the two high offices of State authority. The Commission

considers that it is important to seek to heal the rifts timely as they tend to affect the

operational structure of the State and to bring disrespect to those two highest offices of

the land. The Commission also has in mind that the very existence of a mechanism of

mediation and conciliation may in itself have the prospect of averting open rifts between

the holders of the two offices.

7.5

PUBLICINSTITUTIONSANDPUBLICOFFICERS

In the wake of the crisis which was the subject of this Inquiry, the Commission

appeals to all public officers in all public institutions to perform their functions, powers

and duties as impartial servants of the general public without regard to political influence

or expedience and at all times to act consistent with the law and the Constitution.

Similarly, the Commission recommends that all holders of political office desist

from exerting political pressure on public officers that would tend to compromise the

due performance of their duties in serving those offices and in serving the people of

Malawi.

7.6

ORIENTATIONFORSENIORPUBLICOFFICIALSTOSTRUCTURES

OFGOVERNMENT

The Commission considers that one lesson learnt from the crisis that was subject of

this Inquiry is that it is wrong to assume that those holding high offices of State are

familiar and knowledgeable about the country’s constitutional order which the

Constitution enjoins them to respect in serving the people of Malawi.

The Commission recommends that the Government should develop programmes

for bringing together senior Government officials to share perspectives in government

practices and structures with the aim of exposing them to tenets of the country’s

constitutional order and to engender open and robust discourse among them about the

country’s constitutional order. The programmes to be developed should target

participation by officials at the level of Ministers, Deputy Ministers, Principal

Secretaries, and heads of Departments and State institutions without exception. The

programmes need not be held frequently but should be conducted with some regularity

to orient succeeding cohorts of those serving in such high decision making offices. The

goal would be to avoid the occurrence of such constitutional crisis, by actions or failings

of such public officials, as had happened in the matter of this Inquiry.

94"

Robert Chasowa Commission of Inquiry Report In Full

2024-10-29T14:48:00.003+02:00

Your Excellency,

COMMISSION OF INQUIRY INTO THE DEATH OF THE LATE

ROBERT CHASOWA

On 13th April, 2012, it pleased Your Excellency to issue a Commission of Inquiry to inquire into all aspects surrounding the death of the Late Robert Chasowa who was a student of the Malawi Polytechnic, a constituent College of the University of Malawi.

Your Excellency was further pleased to appoint us Commissioners to undertake the inquiry and to report our findings and recommendations to you. We now have the honour to present to Your Excellency, the Report.

Yours respectfully,

Justice of Appeal Andrew K. Chotcha Nyirenda, SC

CHAIRMAN

………………………………………………….

Honourable Justice of Appeal Isaac Jamu Mtambo, SC (Retired)

Member

………………………………………………….

Professor Ndalama George Liomba

Member

…………………………………………………

Mrs. Sophie Kalimba

Member

………………………………………………….

Mr. Paul Maulidi

Member

…………………………………………………

Mrs. Mary Mangwiza Manyusa

Member

ACKNOWLEDGEMENTS

We, the Commissioners wish to take this opportunity to express our gratitude to the State President, Her Excellency Mrs Joyce Banda, for the great honour in appointing us to the Commission of Inquiry into the death of the Late Robert Chasowa and for the trust reposed in us to undertake the task.

The Commissioners acknowledge, with appreciation, the financial and administrative support from the Government of Malawi, through the Office of the President and Cabinet and the Ministry of Finance.

The Commissioners would like to thank the Chief Executive of Blantyre City Council for allowing us to use the Council premises for the most part of the Commission’s sessions.

The Commissioners would like to express their indebtedness to all those people who spared their time to come and testify before the Commission.

The Commissioners would like to convey their gratitude to the support staff of the Commission who worked diligently behind the scenes.

The Commissioners would like to thank the Secretary for the Commission, Mrs. Annabel Mtalimanja, for well and ably managing the entire process of the Commission.

In the course of the inquiry the Commission was saddled with two sad events. Commissioner Mr. Paul Maulidi lost his wife. Soon thereafter Superintendent George Mnjale, who was the Commission’s lead investigator, also lost his wife. The Commissioners and the entire support staff were deeply shocked at these developments. The Commissioners and the entire support staff convey their most profound and hearty condolence to the family of Commissioner Maulidi and the family of Superintendent George Mnjale.

LIST OF ABBREVIATIONS

C.C.A.P	Church of Central Africa Presbyterian
C.I.D	Criminal Investigations Department
COM	College of Medicine
CSO	Civil Society Organisation
CU	Catholic University
DPP	Democratic Progressive Party
IG	Inspector General
IPI	Institute of Policy Initiative
MPS	Malawi Police Service
MRA	Malawi Revenue Authority
NPL	Nation Publications Limited
NVYO	New Vision Youth Organisation
PSU	Polytechnic Students Union
RCIO	Regional Criminal Investigations Officer
SDA	Seventh Day Adventist Church
SFGS	Security Force Guard Services
SRPH	Southern Region Police Headquarters
TA	Traditional Authority
UCIO	Urban Criminal Investigations Officer
UNIMA	University of Malawi
YFD	Youth for Freedom and Democracy
ZDB	Zero Deficit Budget

LIST OF APPENDICES


Annex 1	:	Rules and Procedures adopted the Commission
Annex 2	:	List of witnesses interviewed by the Commission
Annex 3	:	Documents for the hiring of motor vehicle registration Number MN 2452 from Country Wide Car Hire
Annex 4	:	Record of Duncan Phiri’s mobile phone (0992 222 277) transactions of 18^th August, 2011
Annex 5	:	Record of Lillian White’s mobile phone (0995 426 458) transactions of 23^rd September, 2011
Annex 6	:	Record of Allan Chipwere’s mobile phone (0999 028 279) transactions of 24^th September, 2011
Annex 7	:	Alleged suicide note to the father
Annex 8	:	Poem entitled “Life is a Mystery”
Annex 9	:	Post-mortem examination preliminary Report
Annex 10	:	Final Post-mortem examination Report
Annex 11	:	Press Statement from the Malawi Police Service dated
		25^th September, 2011
Annex 12	:	Handwriting expert opinion Report from the Malawi
		Police Service
Annex 13	:	Handwriting expert opinion from the South African
		Police Service
Annex 14	:	Copy of the Late Robert Chasowa’s diary entry of 16^th June,
		2011
Annex 15	:	Record of the Late Robert Chasowa’s mobile phone

(0999 937 005) transactions of 18^th July, 2011

Annex 16	:	Copy of the Late Robert Chasowa’s diary entry of
		12^th August, 2011
Annex 17	:	Copies of YFD Weekly Political Update Volumes 3A to
		6A
Annex 18	:	Copies of bank statements for Mr. Mike Chitenje’s
		Bank account with FDH Bank

EXECUTIVE SUMMARY

Introduction

On the morning of 24^th September, 2011, a male student by the name of Robert Chasowa was found dead on the campus of the Malawi Polytechnic, a constituent College of the University of Malawi. The cause of death and the circumstances surrounding the death were mysterious. On 13^th April, 2012, Her Excellency the State President, Mrs. Joyce Banda, issued a Commission of Inquiry to inquire into all aspects surrounding the death.

Terms of Reference

The broad Terms of Reference of the Commission were to establish the identity of Robert Chasowa, his social and political activities, the time and place of his death, the cause of death and to determine all other circumstances surrounding his death; to inquire into the conduct and the manner in which the Malawi Police Service handled the investigation of the death; to establish the identity of possible suspects complicit in the circumstances surrounding the death of Robert Chasowa and to make findings and relevant recommendations.

Factual background

The identity of Robert Chasowa

Robert Ishmael Chasowa, as were his full names, was born on 20^th March, 1986. His parents, Austin Kings Chasowa and Chrissie Rebecca Chasowa and the rest of the siblings live at Kameza Township in Blantyre. Robert was the third born of six children of the family. At the time of his death Robert was a 4^th year Mechanical Engineering student at the Malawi Polytechnic. He was a member of the Seventh Day Adventist Church. According to his family and most of his friends, Robert was a very friendly person and was very close to his family. Robert was the only child who went to University in his family.

Events prior to the death of Robert Chasowa 20^th July 2011 demonstrations

On the 20^th July 2011 Civil Society Organisations (CSOs) staged demonstrations against government. A few days after the demonstrations the CSO leaders announced that there would be other demonstrations on 17^th August, 2011.

Plans to prevent the 17^th August demonstrations

After the 20^th July demonstrations, Robert and his associates, Duncan Phiri, Phaniso Mhone and Justice Kangulu, “the group”, met to review the impact of the demonstrations on the country, in particular the youth. They thought the youth suffered most injuries and deaths while the CSO leaders, who remained in the background, were mostly spared. It was also their assessment that there was massive destruction of property resulting into further hardship to the economy and that further demonstrations would cause the country to spiral into anarchy.

The group then conceived a plan to work with the Police to prevent the demonstrations that were scheduled for 17^th August. On 5^th August, 2011 Duncan Phiri contacted the former Inspector General, Mr. Peter Mukhito to present to him the plan to prevent the scheduled demonstrations. The group met Mr. Mukhito at the National Police Headquarters on 7^th August and presented the plans. Mr. Mukhito was persuaded and he immediately made some payment to the group for their initial activities including hiring a vehicle for them.

The plan was to reach out to Civil Society leaders responsible for organizing the demonstrations to persuade them to cancel the demonstrations and also students in colleges to persuade them to speak against the demonstrations. The plans soon fell through because the group was failing to persuade the people they approached. The Police became aware of that fact and cancelled the engagement on 13^th August 2011. According to the Police, they approached the Civil Society leaders themselves and persuaded them to cancel the demonstrations.

The group felt they had assisted in some way in getting the demonstrations cancelled. They called Mr. Mukhito for the money they had been promised, which according to Duncan Phiri, was K10 million. The Police denied promising the group K10 million but accepted that the group would have been paid something if their plans had worked. Nothing was paid because the group had failed. According to Duncan, after several calls to Mr. Mukhito the group gave up and they disbanded. Duncan said Robert was unhappy and felt they had been used.

Robert wanted by the Police

After the group disbanded Duncan Phiri and Phaniso Mhone noticed that Robert was working with Alex Black Moses who was distributing publications entitled “Youth for Freedom and Democracy: A weekly Political Update”. These publications were critical of the Government and its leadership. The Commission established that although Robert interacted with the group to prevent the 17^th August demonstrations, he had long been working with Alex Black Moses against the Government which he perceived was corrupt and being run by hypocrites.

Commissioner Jose of the Southern Region Police Headquarters told the

Commission that on 19^th September, 2011, he received a call from the former Presidential Guard Commander, Mr. Mwapasa that he had been contacted by Mr. Cedrick Nankhumwa, a DPP functionary, that a certain person was distributing publications which were critical of the then Head of State and the Government. Later in the day, Mr. Nankhumwa came to Mr. Jose’s office with Mr. Bester Saopa. They introduced themselves as DPP functionaries and confirmed to Commissioner Jose that Alex Black Moses was indeed distributing such publications.

Commissioner Jose immediately instructed Police investigators to hunt for Alex Black Moses. Around 9 pm of the same day the investigators reported to him that Alex Black Moses had been arrested and he had implicated Robert Chasowa. Commissioner Jose gave further instructions to the investigators to go and look for Robert at the Polytechnic. The investigators indeed approached the Administration at the Polytechnic on the 21^st September, 2011 asking for Robert and the matter eventually got to Robert himself.

Robert wanted by politicians

While Government was making efforts to manage the difficult situation the country was going through in 2011, DPP functionaries on their part were working to silence the critics. The Commission was told by a DPP functionary that after the 20^th July demonstrations there were several meetings at the Blantyre District DPP office. At one of the meetings there were misunderstandings which led to a fight. In the course of the fight a well known youth cadet was heard saying “he was going to reveal everything because the people were being childish”. The witness later inquired from the cadet what he meant by what he said. He was told that the cadet had been attending meetings planning to silence (“kumpwhetsa”) Robert Chasowa, who was causing problems at the Polytechnic. The cadet also told the witness that he was involved in torching Rafik Hajat’s Office and Balaka Market.

The Commission was informed by another DPP functionary that at another meeting there was again a fight. Another well known DPP cadet was heard saying “muona zimene anawona Chasowa” (you will be dealt with the way Chasowa was). These words were being directed at someone among the functionaries. According to the witness, he later learnt of the death of Robert Chasowa.

The night of Robert’s death

The Polytechnic Administration advised Robert to talk to his lawyer and hand himself to the Police. On 23^rd September, 2011 Robert met his lawyer, Mr. Trouble Kalua, in the evening and they agreed that Robert would hand himself to the Police the following day.

When he returned from meeting his lawyer, Robert spent most of the night of the 23^rd-24^th September in Ndagha Mkandawire’s room. Ndagha is a female student at the Polytechnic who was in the same class with Robert and his very close friend. According to Ndagha, while in her room Robert was writing something which he did not want her to read. Allan Chipwere, Robert’s roommate, spoke to Robert at 00.30 am on 24^th September while he was in Ndagha’s room. Ndagha said Robert put the papers in an envelope. He left the envelope in her room when he was leaving. According to Ndagha, Robert left her room at 03.33 am. The Commission established from Ndagha’s own testimony that she had drunk excessively this night. Her recollection of some of the events of this night must have been impaired.

Discovery of the body

Around 03.40 am on 24^th September, a guard on duty discovered a body of a male person behind the Administration Block at the Polytechnic. The Polytechnic Administration was notified, came and identified the body as that of Robert Chasowa, a 4^th year student. The matter was reported to the Police who came to the scene and found the body as was. It was lying face down on rough concrete slabs.

It was in a pair of three-quarter camouflage shorts, a T-shirt and a sc1umber, with a slipper on one foot. The other slipper was a short distance away. The Tshirt was well tucked in the shorts. The head lay in a localised pool of blood. There were no splashes of blood around the area. The face was covered in blood. There was a transverse cut wound on the back part of the head. There was dust and grass on both of his knees. There were no other obvious body injuries. The body was removed by the Police to College of Medicine mortuary where the Police requested for post-mortem examination.

The Commission made three visits to the scene of incident with some of the relevant witnesses and, among other things, took measurements on the scene. The Commission observed that the body was lying on 4cm thick rough concrete slabs. The feet were 1.2m away from a pillar which supports a corridor that is 7m above. The head spot was at a diagonal of 7.65m from the top of the corridor wall. There was no grass or dust on the site where the body was discovered.

Ndagha told the Polytechnic Administration that Robert had left letters in her room. The letters were collected and one was addressed to his father. This letter was handed to the Police and when it was opened they found what is alleged to be a suicide note.

Post-mortem examination was conducted by Dr. Charles Dzamalala, a Pathologist, on the same day. After the post-mortem examination the Police gave Dr. Dzamalala the alleged suicide note. Dr. Dzamalala was immediately curious and he expressed his concern to Mr. Chirambo the Assistant Registrar of the Polytechnic. The Pathologist made a Preliminary Report on the cause of death and told the Police that the final report would be ready within a week.

Date and time of death

The information available to the Commission shows that Robert was alive at 00.30 am on 24^th September, 2011, from the phone conversation with Allan Chipwere, his roommate, while Robert was in Ndagha Mkandawire’s room. The information also shows that Robert’s body was discovered around 03.40 am and was confirmed dead by Mrs. Madulila, a nurse at the Polytechnic, at about 05.00 am. The exact time of death could not be established by post-mortem examination because of the refrigeration of the body which interferes with the normal changes that occur after death which are used to estimate the time of death.

Cause of death and results of post-mortem examination

According to the Post-mortem examination Report and a further examination of the photographs taken during the process, Robert died from injuries as a result of being assaulted three times with a blunt object to the skull, causing fractures of several skull bones leading to bleeding inside the skull and brain.

Circumstances of Robert’s death

Robert was wanted by the Police on account of the Youth for Freedom and Democracy publication which had been intercepted by the DPP functionaries. The DPP functionaries themselves were concerned about Robert’s activities. The Commission was told that there were plans to silence Robert.

The Commission heard from several people who strongly believe that Robert was abducted from campus at the Polytechnic. It was said he was taken away, assaulted to death and his body brought where it was found. The Commission was given the names of persons suspected to have been involved in the murder as the actual assailants or as accomplices. The Commission was also told that Robert’s movements on campus were being monitored by some individuals who were on campus. The Commission was informed that the Polytechnic is heavily politicised. One witness described it as “savage politics.” The Commission observed that there was ample opportunity, at the time, for bringing the body from outside to where it was found owing to laxity in security at the Polytechnic.

Conduct, efficiency and proficiency of the Malawi Police Service in handling and concluding the investigation surrounding the death

The Commission observed that the Police did not preserve the scene of the incident. They did not take any measurements, draw around the body to preserve the original position it was found in and did not take fingerprints around the area. They did not check for marks of violence. They did not invite a medical examiner to the scene before moving the body.

The Police docket shows that statements were recorded from two guards and this was only done two weeks later in October 2011.The Police should have immediately interviewed all the guards that were on duty the night of 23^rd- 24^th September, 2011, especially the guard who was at the entrance of the hostel where Ndagha resided and Robert was last seen alive and the two guards who were deployed at the area where Robert’s body was found. The Commission traced almost all the guards who were on duty that night but the three guards at the critical places mentioned above have not been found.

Press Statement

On the evening of 24^th September, 2011 the IG called the then National Police Press and Public Relations Officer, Senior Assistant Commissioner Willie Mwaluka and accused him of not “feeding” the nation with sufficient information about the death of Robert Chasowa.

On 25^th September, Senior Assistant Commissioner Mwaluka travelled to Blantyre. In Blantyre he met the officers who were handling the matter and he was given the Preliminary post-mortem examination Report and the alleged suicide note. He proceeded to draft a Press Statement. He then called the IG and read the draft Press Statement to him. According to Senior Assistant Commissioner Mwaluka, this was to seek the IG’s approval of the Statement before it could be released, which was a requirement. The IG gave approval for the Statement to be released as was. The Statement was released in the afternoon of the same day on both television and radio. It was also taken to the print media houses on the same day and started appearing in the print media the following day. The most relevant paragraph from the Statement states: “With this evidence adduced, it is evident that Robert Chasowa had already planned to commit suicide. It is also evident in this regard that the deceased jumped from the upstairs corridor that resulted to sustaining of head injuries”.

The suicide theory

The Commission was reliably informed that the first officers on the scene had suspected “foul play”. It was only in the Press Statement that this matter was conclusively said to be a case of suicide. The Commission observed that this was before the final results of the post-mortem examination were released by the Pathologist and before the authorship of the alleged suicide note was confirmed by a handwriting expert. The Statement closed the chapter on the matter. After the Statement, on 26^th September, 2011 the main investigator in the matter, Detective Sub/Inspector Chambwinja, closed the file.

Upon hearing the Press Statement, Dr. Dzamalala was prompted to react because he had not yet issued the final post-mortem examination results and yet the Statement implied that a final post-mortem examination report had been issued. The final Post-mortem examination Report was only made on 4^th October, 2011. It was collected by the Police on 5^th October, 2011. On 6^th October, 2011 the Police were compelled to re-open the investigations. The Commission established that to date the investigations in the matter have not been concluded.

Findings and Recommendations

The Commission made fairly extensive findings and recommendations based on the testimony of witnesses and the evidence gathered. The findings and recommendations are based on and follow the path of the evidence that has just been outlined. Only a few of the findings and recommendations are outlined here without in any way relegating the rest.

Findings

(a) The identity of Robert Chasowa

Robert Chasowa was the third born child of Mr. Austin Kings Chasowa and Mrs. Rebecca Chrissie Chasowa. He was born on 20^th March, 1986 in Blantyre. He was a 4^th year Mechanical Engineering student at the Malawi Polytechnic.

(b) Interaction with the Police

The Commission finds that after the events of 20^th July, 2011, Robert and his associates were engaged by the Police to prevent demonstrations scheduled for 17^th August, 2011. The Police had promised the group some money on successful completion of the assignment. The group was not successful and the arrangement was terminated. The Police did not pay the group any money. The group disbanded but Robert felt used.

The Commission finds that Robert had also been involved with Alex Black Moses in the publication and distribution of the Youth for Freedom and Democracy Weekly Political Update. On 19^th September, 2011 Robert became a wanted person by the Police on instructions from DPP functionaries.

(c) The political dimension

The Commission finds that while Robert was being sought by the Police, politicians were also making plans to silence him.

(d) Date and time of death

The Commission has not been able to establish the exact time of death.

The Commission finds that Robert was alive as at 00.30am on 24^th September, 2011 and was confirmed dead around 5.00am.

(e) Results of post-mortem examination

The Commission finds, based on the Post-mortem examination Report and photographs, that Robert was assaulted to the head at least three times resulting into bleeding inside the skull and brain.

(f) Suicide theory

The Commission finds that the theory of suicide is not supported by any evidence whatsoever other than the mere presence of the alleged suicide note. To the contrary, from all the attendant circumstances and the evidence obtained by the Commission, Robert was killed.

(g) Conduct of the Police

The Commission finds that the Police acted most unprofessionally at the scene of incident as a result of which useful evidence was lost. Subsequently the Police gave the Pathologist unsolicited information in the form of the alleged suicide note after the post-mortem examination. The Commission finds this to have been a deliberate attempt to influence the decision of the Pathologist to perpetuate the suicide theory.

The Commission finds that the Press Statement, which was issued on the instructions and with the approval of the IG, was intended to and did close the matter. The matter was only reopened as a result of the reaction by the Pathologist drawing public attention to the misinformation in the Press Statement.

The Commission finds that the manner in which the Police handled the whole case was inherently unprofessional and reprehensible. The deliberate attempt to conceal the truth is cause for serious concern.

(h) Circumstances of death

The Commission summarises the circumstances of Robert’s death in this way. Robert was captured in the early hours of 24^th September, 2011, after leaving Ndagha’s room, on his way to his hostel. He was led away to where he was assaulted. He died as a result of the injuries sustained from the assault. His body was brought to the Polytechnic and dumped at the site where it was later discovered.

Recommendations

(a) Malawi Police Service

In the conduct of its duty the Malawi Police Service is expected to live up to the dictates of the Constitution of the Republic of Malawi and as provided for under the Police Act. Primary is the fact that the Malawi Police Service is an independent organ of the executive. In the exercise of duty towards the protection of the rights of the public the Police must therefore conduct itself with independence and impartiality. The Police must not be used in furtherance of any political agenda.

The Police must investigate every matter that is reported to them. The investigations must be conducted and finalised in a professional and timely manner.

The Police should continue and complete the investigations on Robert Chasowa’s death as a case of homicide. In view of the time that has lapsed since Robert’s death, the investigations must be done with speed and completed as soon as possible.

If the investigation establishes that any person is responsible for causing the death of Robert Chasowa, such person(s) must be prosecuted within a reasonable time.

(b) Political parties and politicians

Political parties, politicians or individuals should not use the Malawi Police Service in the exercise of its functions, powers and duties to further their political agenda or to undermine those of others. They should not use the Malawi Police Service as a tool for intimidating, silencing or eliminating political opponents.

CHAPTER ONE

1.1 Introduction

On the morning of 24^th September, 2011, a male student by the name of Robert Chasowa was found dead on the campus of the Malawi Polytechnic, a constituent College of the University of Malawi (UNIMA). The cause of death and the circumstances surrounding the death were mysterious. Conflicting reports were issued by the Malawi Police Service (MPS) and the Pathologist who conducted a post-mortem examination on the body. Her Excellency the State President, Mrs. Joyce Banda, issued a Commission of Inquiry (hereinafter referred to as the Commission) into the matter.

1.2 Terms of Reference

The Terms of Reference of the Commission were:

1. To inquire and report to the President of the Republic of Malawi, all aspects surrounding the death of the late Robert Chasowa former Fourth Year Student of the Polytechnic, University of Malawi, who was found dead at the Polytechnic campus in Blantyre, on or about 24^th September, 2011. The inquiry shall include but not limited to the following:-

(a) establish the identity of Robert Chasowa, his interaction with politicians, his political activism, his interaction with the Malawi Police Service, and other associates;

(b) establish the date of death and the exact place where death occurred;

(d) establish the cause and nature of the death;

(e) the conduct, efficiency and proficiency of the Malawi Police Service in handling and concluding the investigations surrounding the death;

(f) the results of the post-mortem examinations or autopsy of the deceased’s remains;

(g) the establishment of the identities of possible suspects, if any, complicit in the circumstances surrounding the death of Robert Chasowa, and cover-up, if any, of the death;

(h) produce a written report on the findings with recommendations; and

(i) submit the written report to the President of the Republic of Malawi.

2. The Commission of Inquiry may also make such inquiry, and make such findings and recommendations as are incidental to and connected with the death of the late Robert Chasowa, before, during and after his death.

3. The Commissioners shall conduct the inquiry and make a report of their findings within two (2) months after the commencement of the inquiry.

The issue of the Commission was dated 13^th April, 2012. Owing to circumstances without the control of the Commission, it was not possible to start working earlier than 15^th May, 2012. Although some of the Commissioners were sworn in on 20^th April, 2012, one Commissioner who was outside the country was sworn in on 9^th May, 2012. The issue of the Commission was gazetted on 11^th May, 2012.

After the Commission started its work, one Commissioner Mr. Ben Mbewe, was replaced by Honourable Justice of Appeal Isaac Jamu Mtambo, SC (Retired). He was sworn in on 4^th June, 2012. The proceedings of the Commission were also slightly delayed because of budgetary procedures at the end of the 2011/2012 financial year.

1.3 Composition of the Commission

The Commission was composed of the following:

Honourable Justice of Appeal Andrew K. Chotcha Nyirenda, SC (Chairperson)

Honourable Justice of Appeal Isaac Jamu Mtambo, SC (Retired) (Member)

Professor Ndalama George Liomba (Member)

Mrs. Sophie Kalimba (Member)

Mr. Paul Maulidi (Member)

Mrs. Mary Mangwiza Manyusa (Member)

Mrs. Annabel Mtalimanja (Secretary)

1.4 Support Staff

The Commission was supported by the following staff:

Mrs. Venesia Mononga (Stenographer)

Mrs. Martha Gondwe (Stenographer)

Mr. Austin Kamanga (Interpreter)

Ms. Vanessa Phiri (Personal Secretary)

Ms. Luwiza Chinkhandwe (Accountant)

Superintendent George Mnjale

Superintendent Gerald Chiwanda

Sub/Inspector George Mangani

Sub/Inspector Nyson Chibondo Sub/Inspector Kassim Killi

Mr. Rudo Chimbalawala

Mr. Steve Taulo

1.5 Structure of the Report

This Report contains the findings and recommendations of the Commission. Chapter Two of the Report presents the factual background of the matter. It summarises the testimony of the witnesses. Chapter Three presents the conduct and efficiency of the Malawi Polytechnic Administration in relation to the matter. It summarises how the Polytechnic Administration handled the incident before and after Robert Chasowa’s death and the security situation at the Polytechnic campus. Chapter Four is on the conduct, efficiency and proficiency of the Malawi Police Service in handling the death and concluding the investigations surrounding the death. It is a summary of Police activities following the death of Robert Chasowa, the manner in which the Police handled the scene of incident, the post-mortem examination, how the suicide theory was mooted and the making of the Press Statement. The chapter also presents the current status of the matter.

Chapter Five looks at the political events during the period preceding Robert

Chasowa’s death and what bearing they have on the same. Chapter Six presents the findings. Chapter Seven sets out the recommendations of the Commission.

In order for matters to be put in perspective it was inevitable that some facts and issues in one chapter would be repeated in another chapter.

1.6 Procedure Adopted

In the conduct and management of the proceedings before it the Commission adopted the procedures laid down in the Commissions of Inquiry Act, (Cap. 18:01) of the Laws of Malawi, and those obtaining in the High Court of Malawi. An outline of the Rules and Procedures adopted by the Commission is attached as Annex 1.

We will briefly set out how the Commission conducted and managed proceedings before it. The Commission issued a Press Statement in various media inviting any member of the public who had any knowledge or information of the incident to appear and testify before it. The Commission heard evidence in camera from 94 witnesses which was duly recorded and has been transcribed into a Verbatim Report. The list of witnesses is attached as Annex 2.

The Commission obtained both direct and hearsay evidence. The Commission decided to receive hearsay evidence because in the nature of inquiries such evidence generally assists to establish substantive evidence. As it turned out the Commission was indeed immensely assisted in tracing vital witnesses on account of the hearsay evidence.

The Commission searched for and obtained documents and photographs relevant to the inquiry. These are referred to and annexed later in the Report where applicable.

The Commission also visited and inspected the scene of the incident together with relevant witnesses.

The Commission met at various venues. It met at the Civic Centre in Blantyre and at Golden Peacock Sogecoa Hotel in Lilongwe for hearings. It also met at Nkopola Lodge in Mangochi and at Livingstonia Beach Hotel in Salima for analysis and report writing.

1.7 Challenges

The major challenge that the Commission faced was to trace witnesses. Only three witnesses responded to the press statement and appeared before the Commission voluntarily. The rest had to be summoned after being identified by the Commission. As will be discussed later in this Report, four critical witnesses that the Commission wanted to interview have not been traced. One witness, a police officer who is on assignment outside the country, was not made available.

CHAPTER TWO

FACTUAL BACKGROUND

The factual background herein presented is based on the testimony as obtained from the witnesses. It is also based on the evidence obtained by the Commission itself when it visited the scene of the incident and on material collected following searches in various places of interest.

2.1 The identity of Robert Chasowa

Robert Chasowa (hereinafter called “Robert”) was born at Chitawira Private Hospital in Blantyre on 20^th March, 1986. His full names were Robert Ishmael Chasowa. His father, Austin Kings Chasowa, comes from Chembe village, T/A

Msakambewa in Dowa. His mother, Rebecca Chrissie Chasowa comes from Kachere Village, T/A Maganga in Salima. The family lives at Kameza Township in Blantyre.

Robert was the third born of six children of the family. The first born in the family, Kingsley Chasowa, was killed in 2007 at Kameza in Blantyre. Robert was brought up in Blantyre. He went to Namalimwe and Mlambalala Primary Schools. At that time he was living with his grandparents. Later he went to Njamba Secondary School and then to Chileka Private Secondary School.

During that time he had gone back to live with his parents. It is from Chileka Private Secondary School that he was selected to go to the Malawi Polytechnic in 2008 to study Mechanical Engineering. At the time of his death Robert was in the second semester of the 4^th year.

According to his parents, Robert was brought up with christian values. Initially he was a member of the Central Africa Presbyterian Church (C.C.A.P) but while at Chileka Private Secondary School he joined the Seventh Day Adventist Church (S.D.A). He became a Deacon in that Church. Whilst at the Polytechnic, Robert also worshipped at the Fountain of Victory Ministry where he was a member of the Christian Gang, a youth fellowship group.

His hobbies included playing football, drama, reading and writing poetry. He played football from his early childhood days. At the Polytechnic he became captain of the Polytechnic Football Team.

According to his family and most of his friends, Robert was a friendly and amiable person. He was courageous and ambitious. It was also said that Robert always aspired for leadership among his peers. He was charming and loving. He was described as being passionate about things he was involved in. Some of his friends however, described him as being temperamental.

According to his father, Robert was very close to his family and they shared moments together. Robert was the only child who went to University and according to his uncle, they were looking up to him.

At Kameza, Robert’s friends were Fred Dickson, Darlington Miseleni and Justice Kangulu. At the Polytechnic, Robert’s friends were Ndagha Mkandawire, Lydia Jere, Innocent Sulani and Allan Chipwere. The Commission learnt that he was very close to Ndagha Mkandawire. Robert associated with Duncan Phiri, Phaniso Mhone, and Alex Black Moses. At the time of his death Robert’s girlfriend was Lillian White.

2.2 Events prior to the death of Robert Chasowa

2.2.1 20^th July demonstrations

In 2010 and 2011 this country was going through political, social and economic challenges. These translated into various forms of reaction from different sections of our society. Civil Society Organisations (CSOs) resorted to ultimatums against government which eventually led to the 20^th July, 2011 demonstrations and events that followed^{^[1]}.

According to Alex Black Moses, Robert participated in the 20^th July demonstrations in the company of other students from the Polytechnic. However, Bright Mhango, who was leader of the Polytechnic group of students that took part in the demonstrations, doubted Robert’s participation. The Commission was informed by Mr. Simbarashe Mungoshi, a lecturer at the Polytechnic, that Robert was part of the students that had been involved in the stoning of vehicles carrying panga wielding Democratic Progressive Party (DPP) youth cadets on 19^th July, 2011 when they were driving along Chipembere Highway past the Polytechnic campus.

A few days after the 20^th July demonstrations the CSO leaders announced that there would be other demonstrations on 17^th August, 2011.

2.2.2 Plans to prevent the 17^th August demonstrations

Prior to the 20^th July demonstrations, Robert and his associates, Duncan Phiri, Phaniso Mhone and Justice Kangulu, later referred to as “the group”, had been working on a plan to enhance youth involvement in development. They were to do this by working with the government in the areas of reorganising the Malawi Revenue Authority (MRA), tracing tax evasion by traders, raising financial support for the Zero Deficit Budget (ZDB), promoting utilization of the green belt concept and reviewing the Farm Inputs Subsidy Programme.

The Commission was told the group contemplated meeting the then State President, His Excellency the late Professor Bingu wa Mutharika to present to him their proposal. This matter is discussed in detail in Chapter Five where Robert’s political activism is discussed.

After the 20^th July demonstrations the group met again to review the impact of the demonstrations on the country, in particular the youth. In their assessment, the youth were placed in the forefront of the demonstrations and had borne the brunt of the effects. The youth suffered most injuries and deaths while the CSO leaders, who remained in the background, were mostly spared. It was also in their assessment that there was massive destruction of property resulting into further hardship to the economy.

At that point the focus of the group shifted to working with the government to stop further demonstrations which they had learnt were scheduled for 17^th August, 2011. They became more concerned when they learnt that Government was preparing to confront the demonstrators during those demonstrations which would have meant more violence, loss of life and destruction of property. They feared the country would spiral into anarchy.

The group then conceived a plan to work with the Police, a Government department which would be directly involved in handling the demonstrations. On 5^th August, 2011 Duncan Phiri contacted the former Inspector General, Mr. Peter Mavuto Mukhito (hereinafter referred to as the IG) to present to him the plan the group had to prevent the scheduled demonstrations. In turn, on the evening of 6^th August, 2011 the IG instructed the Commissioner for the Southern Region Police Headquarters (SRPH) Mr. Rodney Steven Jose to contact Duncan Phiri. Commissioner Jose was to hear the detailed plans of the group and report back to the IG.

On the morning of 7^th August, 2011 Commissioner Jose met Duncan Phiri who briefed him on the plans. On hearing the plans, Commissioner Jose called the IG and recommended that he, the IG, should meet the group because the SRPH would not be able to meet their demands. It was then agreed that the group should be taken to Lilongwe to meet the IG. Commissioner Jose complied and drove Duncan Phiri, Phaniso Mhone and Robert to Lilongwe. Justice Kangulu, the other member of the group, did not accompany them because he had a family engagement. He was nonetheless aware of the trip.

Upon arrival in Lilongwe at the National Police Headquarters, they alerted the IG who directed them to his residence where they met him. Duncan Phiri introduced the group to the IG. Robert was introduced as a student from the Polytechnic. Duncan Phiri briefed the IG of their plans to prevent the scheduled demonstrations by convincing the organisers of the demonstrations, leaders of political parties, CSO leaders and students at UNIMA colleges and Catholic University (CU) not to proceed with the demonstrations.

The group informed the IG that they would need financial support, computers, digital cameras, an office and a vehicle. The IG was persuaded. He immediately gave each member of the group K50, 000.00 cash. He instructed Commissioner Jose that upon their return to Blantyre the group should be provided with their immediate needs. According to Duncan Phiri and Phaniso Mhone, the IG promised to pay the group K10 million if they were successful in preventing the demonstrations.

The following day Commissioner Jose gave the group K300, 000.00 for office accommodation and for other activities to undertake their plans. He also hired a motor vehicle, a Suziki Jimmy, Registration number MN 2452, from Country Wide Car Hire for them. The documents for the hire of the vehicle are attached as Annex 3. The group proceeded to rent a house in Nkolokosa from Dr. Mathanga for office accommodation and paid K105, 000.00 rent for three months.

The group then began to implement their plan. Robert was assigned to meet students at the Polytechnic and Chancellor College. Justice Kangulu was assigned to meet with students at CU. Duncan Phiri and Phaniso Mhone were assigned to meet with members of the general public. As a group they were to approach politicians and CSO leaders.

Justice Kangulu was successful in convincing the leadership of CU who went on Capital Radio to speak against the planned demonstrations. According to Justice Kangulu, six students from CU were paid K2000.00 each. Robert was not successful in convincing students at Chancellor College and the Polytechnic. At Chancellor College the students were more interested in resolving the then ongoing academic freedom issue than the demonstrations. According to Mr. Mungoshi, there was one student who was willing to help and Robert paid him K15, 000.00. At the Polytechnic, Robert found 10 students who were willing to help. He promised them K2 million to be shared amongst them.

According to Duncan Phiri, he, accompanied by Phaniso Mhone and Alex Black Moses went to meet Mr. Ken Chitatata Msonda at his office to persuade him that the 17th August demonstrations should be cancelled. Duncan further said that Mr. Msonda demanded K2.5 million if he was to help. Mr. Msonda acknowledged the three met with him on 12^th or 13^th August, 2011. They said they came to him because the then State President, the IG, the DPP and Government knew him as the person who was at the centre of organising the demonstrations. They also said to him that they had been engaged by the then State President and the Government to speak to the organisers of the demonstrations to cancel the demonstrations.

Mr. Msonda demanded proof that they had been sent by the authorities and they showed him the hired vehicle, the Suzuki Jimmy, as evidence. Mr. Msonda said he did not believe them and he told them that in any case he did not have the authority to cancel the demonstrations. He referred them to CSO leaders. He also denied to have made any demands for payment. At that point Mr. Msonda said he left for a meeting of the Organising Committee of the 17^th August demonstrations that was taking place at the Institute for Policy Initiative (hereinafter IPI and also later referred to as Rafik Hajat’s Office) offices that afternoon.

Whilst at the meeting at IPI Duncan Phiri, Alex Black Moses and Robert came to meet with Mr. Rafik Hajat as one of the CSO leaders. According to Mr. Msonda, present at that meeting was Mr. Hajat, Mr. Humphrey Mvula, Mr. Ken Williams Mhango and other CSO leaders. When the three arrived they met with Mr. Hajat in the company of Mr. Mhango.

They informed Mr. Hajat and Mr. Mhango that they had been sent to persuade the CSO leaders to call off the planned demonstrations and to warn them that their lives were at risk because their names were on a Government hit list for elimination. Mr. Hajat said they gave him the list and he confirmed that his name and that of Mr. Mhango were there. He made a copy of the document.

While the group was reaching out to the various stakeholders as undertaken, the Police were asking for an update. Commissioner Jose arranged for a meeting with the group. On 11^th August, 2011 Robert and Justice Kangulu met with Commissioner Jose to inform him that they had problems in convincing students at the Polytechnic and Chancellor College but that they had convinced the student leadership of CU.

According to Commissioner Jose, on 12^th August, 2011 Justice Kangulu brought him minutes alleged to be of a meeting held by the CSOs and a budget requesting for money from Mr. Hajat. Both of these documents were allegedly prepared by Mr. Msonda. The minutes showed that Mr. Msonda was the only person in attendance at the meeting because his name was the only one appearing on the quorum.

Commissioner Jose became suspicious and immediately got the impression that the group was being dishonest. He contacted the IG to alert him to this development and faxed to him the minutes as well as the budget. He indicated to the IG that he suspected that the group was playing games with the Police and recommended that the arrangement should be terminated immediately. The IG agreed.

The following day on 13^th August, 2011 Commissioner Jose called the entire group to a meeting at what he called “the usual place (Shoprite Car Park at Chichiri Mall)”. Only Duncan Phiri and Phaniso Mhone showed up for the meeting at 8.30 pm. According to Duncan Phiri, when they got to Shoprite Commissioner Jose told them to join him in his vehicle and he drove to a forest past Angelo Goveya where he told them that “zonse zachitika zija zathera pano, ngati n’ndalama mukatenge zimene munalipira nyumba zija” (the arrangement they had had been terminated and for payment they should redeem part of the money paid for rentals). He also asked for the hired vehicle to be returned to the SRPH the following day. Commissioner Jose confirmed calling the group to a meeting that evening and taking Duncan Phiri and Phaniso Mhone to a place past Angelo Goveya where he communicated termination of the arrangement and asked them to return the hired vehicle.

The group did not come the following day to return the vehicle as requested. Commissioner Jose called Duncan Phiri who passed the phone to Phaniso Mhone. According to Commissioner Jose, Phaniso Mhone said to him that they were not dealing with him anymore and that they were now dealing with the IG directly. Commissioner Jose then called the IG to confirm this. The IG confirmed and told Commissioner Jose that the group would return the vehicle on Monday. On Monday the four of them went to return the vehicle at the SRPH.

The Commission was told that on 13^th August, 2011 the IG instructed Mr. Medi, former Service Administration Officer for the Police, to contact Mr. Undule Mwakasungula and Mr. Robert Mkwezalamba to ask them to arrange a meeting between the MPS and CSO leaders to discuss the possibility of cancelling the scheduled 17^th August demonstrations. According to the IG, the meetings were successfully held on 14^th and 15^thAugust, 2011. On 16^th August, 2011 the CSO leaders announced the cancellation of the demonstrations.

On hearing the announcement, Duncan Phiri called the IG drawing his attention to the announcement saying their group had been successful in preventing the demonstrations as undertaken. According to Duncan Phiri, on 18^th August, 2011 he called the IG to ask for payment of the K10 million and for the equipment which they had been promised for their office after a successful mission. Similar calls were also made by Robert to the IG.

According to the IG, he spoke with Robert who used to call him to ask for some payment but not the K10 million. According to Duncan Phiri, during this period they were also communicating with Honourable Peter Mutharika, MP, demanding payment. This is confirmed by Duncan Phiri’s phone records attached as Annex 4. Professor Mutharika denies knowing any one of the group and speaking to any of them.

According to Duncan Phiri and Phaniso Mhone, the IG became hostile and kept referring them to Commissioner Jose. The group then met and decided to leave the matters as they were. According to Duncan Phiri, he observed that Robert was not entirely satisfied with this decision. Robert said what they had done was historical and could not just be left like that. He could not accept that they could just be used and dumped. The group then disbanded.

2.2.3 Robert wanted by the Police

After the group disbanded Duncan Phiri and Phaniso Mhone noticed that Robert was working with Alex Black Moses who was distributing publications by Youth for Freedom and Democracy (YFD). In relation to the publications this is what Duncan Phiri told the Commission: “...Black Moses was sourcing the information from Kamlepo Kalua on the dealings inside the DPP party, how they were siphoning money, Mulli etc. Chimunthu Banda seemed to be the informant but it was prepared by politicians (sic)....”

The fact that Robert was involved in the publications with Alex Black Moses was confirmed by Mr. Henry Masoka (a fellow student of the Polytechnic) who met Robert distributing Volume 3A of the publications in Blantyre. Mr. Kamlepo Kalua, Alex Black Moses, Bright Mhango (then a student at the Polytechnic), Duncan Phiri and Phaniso Mhone also confirmed that Robert was involved in the publications.

Commissioner Jose told the Commission that on 19^th September, 2011, he received a call from the former Presidential Guard Commander, Mr. Mwapasa. Mr. Mwapasa told Commissioner Jose that he had been contacted by Mr. Cedrick Nankhumwa that a certain person was distributing publications which were critical of the then Head of State and Government. Commissioner Jose told Mr. Mwapasa to advise Mr. Nankhumwa to meet him at his office. Mr. Nankhumwa came to Commissioner Jose’s office with Mr. Bester Saopa. They introduced themselves as DPP functionaries.

Mr. Saopa told Commissioner Jose that whilst at National Bank of Malawi at Chichiri he was personally handed the publication by Alex Black Moses. He said Alex Black Moses could be found at Cassablanca near Chilembwe Lodge or at Ziboliboli stand near Malawi Savings Bank in Blantyre and that he resided in Machinjiri. According to Commissioner Jose, Mr. Saopa said Mr. Mwapasa was already aware of the matter. This was to stress its seriousness and urgency. A copy of the publication was left with Commissioner Jose.

Because of the seriousness and urgency of the matter, Commissioner Jose immediately instructed the Urban Criminal Investigation Officer (UCIO), Assistant Superintendent Caroline Jere, to hunt for Alex Black Moses. Around 9 pm of the same day Assistant Superintendent Jere reported to him that Alex Black Moses had been arrested and was in custody at Blantyre Police Station.

On 20^th September, 2011 Assistant Superintendent Jere reported to Commissioner Jose that Alex Black Moses had admitted that he was involved in distributing the publications and had also implicated Robert Chasowa and 4 others, namely, Phaniso Mhone, Justice Kangulu, Duncan Phiri and John Salani. Alex Black Moses had specifically said that he had collected the copies of the publications he was distributing on 19^th September from Robert Chasowa at the Polytechnic.

Assistant Superintendent Jere was given further instructions by Commissioner Jose to look for Robert Chasowa. She went to the Polytechnic on two occasions to look for Robert Chasowa. On 21^st September, 2011 Assistant Superintendent Jere met with Mr. Dickson Nitho, the Polytechnic Security Officer and asked for Robert Chasowa.

According to Mr. Nitho, he advised her to give him more time to search for Robert Chasowa as she had not provided him with sufficient details to identify the Robert Chasowa they were looking for. The following day Assistant Superintendent Jere went back to the Polytechnic and met with Mr. Nitho who took her to the Assistant Registrar (Academic), Mr. Stuart Potiphar Chirambo. Assistant Superintendent Jere told Mr. Chirambo that Robert Chasowa was being sought on account of anti-government publications that had been found by the Police. Mr. Chirambo looked for the details of Robert Chasowa but was unable to get him on the phone number which they had in their records. Mr. Chirambo then asked for more time to enable him find Robert.

Mr. Chirambo left word with Polytechnic Students Union (PSU) leaders to tell Robert that he was looking for him and that he should see him. Robert called Mr. Chirambo around 6 pm and they agreed to meet at the club at the Polytechnic at 8.30 pm. Mr. Chirambo went to the Club as arranged but by 10.30 pm Robert had not shown up and his phone was switched off. Mr. Chirambo could not wait any longer and he left for home.

According to Mr. Chirambo, Robert came to meet him in his office around 8.30 am on 23^rdSeptember, 2011. When Mr. Chirambo saw Robert he was surprised because he knew him as Robinho and not as Robert Chasowa. It had not occurred to him that the Robert Chasowa the Police were looking for was the Robinho he knew and played football with.

Mr. Chirambo asked Robert about the publications and he admitted that he was involved but that it was a long story. Robert disclosed that copies of the publications were brought to him from Zingwangwa. He would run more copies for distribution. He also disclosed that some copies would be collected from him by Alex Black Moses for distribution.

Upon hearing that, Mr. Chirambo advised Robert to surrender himself to the Police in the company of his colleagues or a lawyer. Robert was concerned about his place at the College but Mr. Chirambo assured him that his place would be reserved. He said Robert contemplated running away, but he advised him against it. He advised him to change his phone number. While in Mr Chirambo’s office they tried to call Mr. Trouble Kalua, Robert’s lawyer, but they were unable to reach him. That time Mr. Chirambo was rushing to a meeting. He told Robert to come back later.

The short time that Robert was in Mr. Chirambo’s office, Mr Chirambo observed that he was rather unsettled and appeared apprehensive. Allan Chipwere, Robert’s roommate, also confirmed that during this week Robert appeared unsettled. According to Allan, Robert was on campus but not spending much time in the room. He would only come in the room to sleep around 4 am. He seemed different and Allan felt something was wrong.

Lydia Jere, a student at the Polytechnic and a close friend of Robert, also testified that in the course of that week Robert said to her “man, ndapalamula”

(I am in trouble). He did not disclose what he had done. On the evening of 23^rd September, 2011 she observed that he did not look alright and he sounded low. He told her he would meet his lawyer. When she met him later that day, she observed that he was now cheerful. He told her that he had met his lawyer.

Innocent Sulani, a 5^th year Engineering student at Polytechnic and a friend to Robert, testified that on Monday, 19^th September, 2011, Robert called Alex Black Moses to come to the Polytechnic. When Alex Black Moses arrived, he accompanied them to Nation Publications Limited (NPL) office at Ginnery Corner in Blantyre. At NPL, he was left at the reception while Robert and Alex Black Moses went in to meet the officials.

The following day Robert told him that Alex Black Moses had been arrested and that he had been told that he would be next. On Wednesday Robert told him that he had changed his phone number and he gave him the new number. On Friday 23^rd September, 2011 around 2 pm, Robert came to his room and requested him to go to a Standard Bank Auto Teller Machine (ATM) to withdraw all the money from Robert’s account. Innocent did as requested and withdrew all the money in Robert’s account and also bought him a new sim card and airtime. According to Innocent, this week Robert was not himself.

Robert spoke with Commissioner Jose on the morning of Friday 23^rd September, 2011. According to Commissioner Jose, he advised Robert to surrender himself to the Police. Robert agreed but said he would first want to go to Lilongwe to meet with his father as he did not want his parents to hear about the matter from the radio. Commissioner Jose said he agreed with Robert and that he also reported to the IG accordingly.

Robert spent most of the afternoon of Friday 23^rd September, 2011 in Ndagha Mkandawire’s room. Ndagha was a 4^th year Mechanical Engineering student at the Polytechnic and as mentioned above, a very close friend of Robert. Robert used to spend most of his time with her. According to Ndagha, that afternoon Robert met his friend Justice Kangulu and they agreed that they would both surrender themselves to the Police. While in Ndagha’s room Robert tried to get hold of Mr. Trouble Kalua, his lawyer, on several occasions on the phone. During this time Ndagha observed that Robert was rather distressed. Eventually he was able to reach Mr. Kalua who came to pick him from the Polytechnic to his office around 8 pm. From Mr. Kalua’s office they returned to the Polytechnic around 9 pm.

2.2.4 The night of Robert’s death

When he returned from meeting his lawyer, Ndagha observed that this time Robert appeared happy and cheerful. Ndagha therefore went to drink at the club within the campus. She was there for about 2 hours. Robert went to Lydia’s room. He returned to Ndagha’s room around 11pm carrying a notepad and a CD.

According to Ndagha, when Robert returned to her room he asked for a pen to write something important but he did not allow her to see what he was writing. After Robert finished writing at around midnight, they both went to Robert’s room to pick up some papers and a diary. They went via the club where Ndagha wanted to buy cigarettes. Allan Chipwere confirmed that indeed Robert and Ndagha came into the room around midnight. From Robert’s room they both returned to Ndagha’s room.

Ms. Lillian White, Robert’s girlfriend, testified that Robert called her around 1 am on 24^th September, 2011. However according to Lillian’s phone records (attached as Annex 5), Robert called her around 11 pm on 23^rd September, 2011. He told her that he was looking forward to seeing her in a week’s time when she visits Blantyre. He also told her he was in Ndagha’s room and assured her that he loved her and would marry her.

According to Allan, after Robert left their room, later in the night he noticed that he had missed a call on his mobile phone. This was around 00.30 am. Allan’s phone records are attached as Annex 6. When he called that number (0999 005 064) Robert answered. Robert told him that that was his new number and that it was Ndagha who had called him earlier. Robert told him that he was in Ndagha’s room.

According to Ndagha, when they returned to her room Robert kept talking about his life and his relationship with her. She said she eventually dozed off and fell asleep. Later Robert woke her up and told her he was leaving and asked her to lock the door. At the door he said to her that he was sorry because he was leaving her with a lot of work to do. She watched him walk away down the stairs. She thought it was already daylight but when she checked the time on her mobile phone, it was 03.33 am. She decided to go back to sleep.

2.2.5 Discovery of the body

Mr. Dindo Malipilo, a Security Force Guard Services (SFGS) guard, told the Commission that he discovered a body of a male adult person lying on the grounds behind the Administration Block near the Accounts office at the Polytechnic. This, according to him, was around 03.40 am on 24^th September, 2011. Mr. Malipilo then notified his supervisor Mr. Aristariko Chumachiyenda. Mr. Chumachiyenda went to see the body. He then notified Mr. Paul Mulenga, the Polytechnic Security Supervisor, who was on duty that night.

Mr. Mulenga, together with Mr. Chumachiyenda, went to see the body. They then went to inform the PSU Vice President, Mr. Nene Lungu. Mr Lungu, Mr. Vincent Chaduka and another student accompanied Mr. Mulenga and Mr. Chumachiyenda to the scene of the incident. Mr. Chaduka identified the body as that of Robert Chasowa, a 4^th year student at the Polytechnic.

Mr. Mulenga then called Mr. Nitho to report the incident at around 4 am. Mr. Mulenga and one student went to report the incident at Blantyre Police Station. Mr. Victor Mandiwe, a student at the Polytechnic called Mr. Chirambo to report the incident.

Detective Sub/Inspector Madalitso Banda and Detective Sergeant George Zimba were the first officers to come on the scene. They found the body as was. It was found lying face down on rough concrete slabs. It was in a pair of threequarter camouflage shorts, a T-shirt and a scumber, with a slipper on one foot. The other slipper was a short distance away. The T-shirt was well tucked in the shorts. The head lay in a localised pool of blood. There were no splashes of blood around the area. The face was covered in blood. There was a transverse cut wound on the occipital (back) part of the head. There was dust and grass on both of his knees. There were no other obvious body injuries.

The Commission made three visits to the scene of incident with some of the relevant witnesses. The witnesses demonstrated how and where the body was found. The Commission, among other things took measurements on the scene. The Commission observed that the body was lying on 4cm thick rough concrete slabs. The feet were 1.2m away from a pillar which supports a corridor that is 7m above. The head spot was at a diagonal of 7.65m from the top of the corridor wall. There was no grass or dust on the site where the body was discovered.

Mrs. Rebecca Madulila, the Polytechnic Clinic nurse, came to the scene around

5 am. She inspected the body and confirmed death. She also confirmed that it was Robert Chasowa, a Polytechnic student. Detective Sub/Inspector Banda and Detective Sergeant Zimba testified that they “secured” the scene and took the initial photograph. They were later joined by Detective Sub/Inspector Bonwell Chambwinja, the Scenes of Crime Officer, who took more photographs and then ordered the body to be removed to the College of Medicine (COM) mortuary for post-mortem examination.

When the matter was being reported to Mr. Chirambo, he was told that the body had already been removed from the scene to the COM mortuary. Mr. Chirambo went straight to COM. At the COM mortuary, after confirming that the body was that of Robert Chasowa, he proceeded to the Polytechnic. He then called Robert’s father and informed him of the death. Robert’s father asked him to speak with Robert’s uncle.

From his office Mr. Chirambo went to the Vice Principal’s office where he found Ndagha and Henry Masoka. Ndagha was relating the events of the previous night to the Polytechnic management. She informed management that Robert had left her with a diary and two envelopes.

One envelope was addressed to his father and the other to Mr. Chirambo. Ndagha said Robert had said the diary was to be given to his girlfriend, Lillian White. Mr. Chirambo, Ndagha and Henry Masoka went to collect the diary and envelopes from Ndagha’s room. Mr. Chirambo opened the envelope that was addressed to him. It contained four notes. These were addressed to Mr. Chirambo, Mr. Trouble Kalua, Commissioner Jose and Honourable Henry Phoya, MP.

At about the same time Mr. Nitho came to the Vice Principal’s office with another note which had been given to him by Allan the roommate. According to Allan, the note had been discovered by Victor Mandiwe on Robert’s bed. Mr. Chirambo read his own note and gave it to the Registrar and the Vice Principal. He kept the other notes and the diary.

Between 9.30 am and 10 am senior police officers came to the Polytechnic. Some of the police officers who came were from the National Police Headquarters in Lilongwe. Mr. Chirambo gave to the Police the note addressed to the father (attached as Annex 7 and the other note, a poem entitled Life is a Mystery which had been brought by Mr. Nitho (attached as Annex 8).

Later Mr. Chirambo called Mr. Trouble Kalua to inform him of the death and the notes. Mr. Kalua came to the Polytechnic and Mr. Chirambo gave him his note, the diary and the two notes addressed to Commissioner Jose and Hon. Henry Phoya. Mr. Kalua undertook to deliver the notes and the diary.

After collecting the notes the Police went to COM mortuary. In the afternoon Mr. Chirambo called the COM mortuary to find out the position about the postmortem examination. He was informed that the examination was already in progress and that it was almost completed. He rushed there but by the time he arrived the examination was completed.

He went to meet Dr. Dzamalala, the Pathologist, at his office and found him photocopying the note to the father. Dr. Dzamalala asked Mr. Chirambo where the note had been found. Dr. Dzamalala’s comment was that it did not make sense that he (Robert) had committed suicide. He repeated this several times.

When Mr. Chirambo returned to the mortuary from Dr. Dzamalala’s office, the Police were anxious to know what the Pathologist’s opinion on the note was. They asked whether the Pathologist thought Robert had been killed.

2.2.6 Date and time of death

The information available to the Commission shows that Robert was alive at 00.30 am on 24^th September, 2011 from his phone conversation with Allan Chipwere. The information also shows that Robert’s body was found lying on the concrete pavement behind the Administration Block near the Accounts office at about 03.40 am and was confirmed dead by Mrs. Madulila at about 05.00 am on 24^th September, 2011.

The time of death could not be established by post-mortem examination because of the refrigeration of the body which interferes with the normal changes that occur after death which are used to estimate the time of death (flaccidity, rigidity, secondary flaccidity and cooling).

2.2.7 Cause of death and results of post-mortem examination

After post-mortem examination Dr. Dzamalala issued a Preliminary Report and gave it to the Police. This Report was on the Order of Post-mortem Examination Form and is attached as Annex 9. The cause of death was said to be “intracerebral haemorrhage due to head injuries”. This means that death was as a result of traumatic bleeding inside the skull and brain. This Report was issued on 24^th September, 2011. This was to await a final Report that would explain how the injuries sustained by Robert were occasioned. Dr. Dzamalala promised the Police that he would issue the final Report within one week.

The final Report was completed on 29^th September, 2011 and signed on 4^th October, 2011. The salient post-mortem examination findings were: Head

1.1.1. Fresh wound with a transverse length of 6.0cm. It is 1.0cm wide but with a central portion that is wider (2.0cm), has uneven margins and exposes bone (see exhibit 1.1.1);

1.1.2. Comminuted fracture with five fractural lines. The longest extends from the occiput to the base of the right ear; measures 11.5cm; the second longest fracture is along the vertex of the head. It is linear and measures 5.5cm. This fractural line has one fragment of the fracture slightly displaced into the cranium, rendering it a depressed fracture. The other three are smaller fractures and are linking with the longest fracture (see exhibit 1.1.2);

1.1.3. There were two areas of haematoma within the scalp on the right side of the head, corresponding with points of impact. These areas are demonstrated in exhibit 1.1.3 and are on the right side of the head, over the right temporal and right parietal aspects of skull bones;

1.1.4. There was a third poorly defined area of haematoma on the right temporal bone near the right ear; another probable point of impact;

1.1.5. Blood oozing from all orifices in the head (nostrils, mouth and ears) as well as the wound site. Back

1.1.6 Four scratch marks; all on the non-prominent areas of the back, on either side and between T6 and L4 vertebral levels. These scratch marks show no particular pattern; the largest measures 6.0 x 1.5cm; all look traumatic, rather than self inflicted injuries. They do not appear fresh and, based on their colour and an attempt at healing, these injuries should be at least three days (3-5days) old – as demonstrated in exhibit 1.2.1.

1.1.7 There were no other injuries or fractures noted in the other parts of the body; not even to structures like the right ear and shoulder that are close to the injury site. Cause of death Unnatural:-

(a) Severe traumatic intracranial haemorrhage (epidural and subdural), due to or as the consequence of;

(b) Head injuries, with comminuted and depressed fractures to skull bones, due to or as the consequence of; and

(c) Blunt trauma, consistent with assault rather than a fall from a height.

The final post-mortem examination Report is attached as Annex 10.

The Commission made further observations based on the photographs of the body that were taken during the post-mortem examination and made available to it. With respect to paragraph 1.1.2 in the original post- mortem examination report the Commission made these further observations:

• The longest fractural line, measuring 11.5 cm, extends from the back and base of the right ear. It goes backwards along the junction of the parietal and temporal bones for about half of its length before dipping downwards and fracturing the temporal bone. The downward extension is about 5 cm long.

• The second longest fracture line, measuring 5.5 cm, is along the vertex of the skull. It is linear and in horizontal direction. It has fractured the right parietal bone at the level of the superior temporal line.

• A third fracture runs in vertical direction for about 5 cm and connects the two fractures referred to above.

• Three other smaller fractures; starting from a point just before the longest fracture line leaves the junction of the parietal and temporal bones, travel down and backwards in the temporal bone. The last portion takes an upward and forward direction and links up with the longest fracture line. In this way these three smaller fracture lines completely enclose a portion of the temporal bone.

• With respect to paragraph to 1.1.3 of the original post-mortem report the Commission observed that one haematoma is located over the portion of temporal bone which is completely encircled by fracture lines. The other is located just behind it but outside the encircled fragment of bone.

• In paragraph 1.1.5 of the original post-mortem, the oozing of blood from the nostrils and ears is evidence of the fractures of the base of the skull.

CHAPTER THREE

CONDUCT AND EFFICIENCY OF THE MALAWI POLYTECHNIC ADMINISTRATION

3.1 Management response to the incident

The Administration of the Malawi Polytechnic, through the Assistant Registrar and the Security Officer, were aware that Robert was being sought after by the Police from 20^th September, 2011. The Administration merely advised Robert to surrender himself to the Police.

The view of the Commission is that the Administration should have escorted Robert to the SRPH, which is only a few hundred meters away from the Polytechnic campus. In that way the Administration would have formally confirmed why Robert was being sought after. This would also have ensured Robert’s safety in the hands of the Police.

When Mr. Mulenga received the report of the incident from the guards he immediately looked for PSU leaders to help confirm whether the victim was a student. Soon as it was confirmed that he was a student, Mr. Mulenga called Mr. Nitho. Mr. Nitho quickly came to the Polytechnic. He in turn called the Vice Principal.

Meanwhile one of the student leaders contacted Mr. Chirambo who immediately went to COM mortuary where the body had been taken. The Commission established that soon upon being aware of the incident the Administration reported to the Police and contacted the parents of the deceased. The view of the Commission is that the Polytechnic Administration properly and promptly responded to the incident. The Polytechnic Administration were involved in the arrangements after death. Otherwise, the Police took charge of the matter from the moment it was reported to them.

3.2 Lack of security

The Malawi Polytechnic was outsourcing security services from two private companies, KAMU Guard Services and SFGS. At the material time KAMU Guard Services was responsible for all the hostels and the surrounding areas whilst SFGS was responsible for the rest of the campus, including the area where the body of Robert was found.

The arrangement was that each of the company had a designated supervisor in charge of its guards. The supervisor was reporting to the Polytechnic Security Supervisor. The company supervisor was supposed to provide the Polytechnic with a list of guards on duty and their deployment sites, on a daily basis. The Polytechnic Supervisor was supposed to confirm the presence of the guards at the deployment sites.

On the night of 23^rd September, 2011 the Polytechnic Supervisor was Mr. Paul Mulenga. The supervisor for KAMU Guard Services was Mr. Gift Chilamwa whilst Mr. Aristariko Chumachiyenda was the supervisor for SFGS. According to the deployment sheets made available to the Commission, KAMU Guard Service guards were supposed to be deployed as follows:

Name	Deployment post
G. Chilamwa	Kapeni A Hostel
P.Kambalame	Kapeni B Hostel
G. Frackson	Ndirande A Hostel
L. Nyangu	Ndirande B Hostel
D. Makanda	Mpingwe A Hostel
D. Alli	Mpingwe B Hostel
D. Navicha	Nyika A&B Hostel
E. Phiri	Hyrid Hostel
B. James	Dog handler
Y. Mulenga	Dog handler
W. Mbawa	Extra man power

The deployment for KAMU Guard Services was complied with. However Mr. Gift Chilamwa, the supervisor, informed the Commission that most of the guards that month were new. He said that out of the 10 guards, 7 were new.

SFGS guards were deployed as follows:

Name	Deployment Post
Fred Dinyero	Front Administration
Harry Makina	Front Administration
Dindo Malipilo	Lecture Theatre
Cosmas Makina	Lecture Theatre
Joe Ngulo	Library Gate
Tambuli Awali	Library Gate
Frank Makweya	Library Gate
Sinoya Chiwaya	Cafeteria
Innocent Jenala	Cafeteria
Mphatso Ben	Cafeteria
Chikondi Mwamvera	Dispensary
Sydney Piano	C.I.T
Josephy Ntondeza	C.E.C
Anold Hamilton	Science Block
James Sinoya	Science Block
Peterson Andisen	First Floor 40’s
Haward Jackson	Old Management
James Jimu	Maintenance
Lucius Stephano	Maintenance
Frank Chitomba	Maintenance
Mateyu Joaquim	Stores
Paul Barton	T1
Moses Phiri	T2
Medson Taombe	T3
James Daison	T4
Charles Magombo	T5
Misheck Muli	T5
Wallo Ndoma	T6
Andrew Langson	T7
Boys Simbi	T8
Aristrariko Chumachiyenda	Patroller

The deployment for SFGS was not strictly followed. For instance, the deployment sheet shows that Frank Makweya was at the Library gate and Chikondi Mwamvera was at the Dispensary. However, Frank Makweya himself and his supervisor Mr. Chumachiyenda said that Makweya was at the Dispensary. Further, although the deployment sheet shows 31 guards, Mr. Chumachiyenda told the Commission that 5 guards did not report for duties on this night. The Polytechnic Security Supervisor was not aware of these discrepancies.

The view of the Commission is that there was lack of coordination between the Polytechnic security supervisors and the security guard providers. It was apparent that the Polytechnic Security Supervisor on duty did not ensure whether the guards were all present and correctly deployed. The Commission is of the view that there was total laxity such that the security providers were more or less functioning on their own. For that reason it was difficult to immediately establish which guard was deployed to which post.

The Commission was told that some critical guards are missing. These are Elias Phiri, of KAMU Guard Services who was positioned at the front entrance to Hyrid Hostel, where Ndagha was residing and where Robert was last seen alive. The second guard is Harry Makina of SFGS, who was supposed to be guarding the area where Robert’s body was found. The Commission looked for these guards but was unable to find them. The third is Chikondi Mwamvera of SFGS who, according to the deployment sheet, was supposed to guard the Dispensary area which is directly above the place where the body was found.

3.3 Gates and security lighting

During the site visit the Commission learnt that at the time of the incident there were no gates at the entrances to the Polytechnic. Notably, the entrance leading to Hyrid Hostel and the entrance that leads to the area where the body was found had no gates. The Commission also learnt that there was insufficient security lighting around the hostel area. The Commission has established that gates have since been installed at all the entrances and the security lighting system has been improved.

3.4 Discovery of the alleged suicide notes

Circumstances surrounding the discovery of the “Life is a Mystery” poem are unclear. Allan Chipwere told the Commission that on this morning Robert’s bed was well made because Robert had not slept on it. Robert’s clothes were neatly folded and laid on the bed. According to Allan, if there was a note of the size that is said to have been found on the bed, he would not have failed to see it.

This note was written on size A3 paper (used for engineering drawings at the Polytechnic). The note, together with a photograph of a female person, were allegedly discovered by Victor Mandiwe when he and some students came to the room to collect a bed sheet to cover the body of Robert. The note was brought to Allan’s attention outside the room as they were walking out. The photograph has not been heard of again.

According to Allan Chipwere, Robert’s bed was not tampered with. The bed sheet that was used to cover the body was taken from Allan’s bed. The Commission visited the room and noted its small size and the proximity of Allan’s bed to that of Robert. The Commission is of the view that indeed if such a large piece of paper had been present on Robert’s bed, Allan would not have failed to see it. The Commission did not have the opportunity to interview Victor Mandiwe as he was reported to be in the Republic of South Africa.

3.5 Discovery of the phone in the room

Allan testified that on the morning of 24^th September, 2011 around 7.30 am, he heard a mobile phone ringing in the room in Robert’s locker. When he picked it and answered, a male voice asked who he was and he said he was Robert’s roommate. Allan asked who was calling, the caller did not tell him his name and cut the line. He checked the call log of the phone and found his number in the received calls. He realised that it was the number he had called when he last spoke to Robert during the night. It was Robert’s new sim card in Ndagha’s hand set.

He was curious as to how the phone that Robert was using during the night had gotten into the room. Allan testified that as far as he knows, after Robert left the room at midnight with Ndagha he did not return to the room. Allan handed the phone to Mr. Nitho. The Commission observes that how the phone got into the room and into Robert’s locker remains a mystery.

CHAPTER FOUR

CONDUCT, EFFICIENCY AND PROFICIENCY OF THE MALAWI POLICE SERVICE IN HANDLING AND CONCLUDING THE INVESTIGATION SURROUNDING THE DEATH

4.1 Management of the scene of incident

Mr. Mulenga and one student went to report at Blantyre Police Station about a body lying on the premises of the Polytechnic campus. The Police promptly responded and came to the Polytechnic. These were Detective Sub/Inspector Banda and Detective Sergeant Zimba. They took the initial photograph and waited for the Detective Sub/Inspector Chambwinja to come. Detective Sub/Inspector Chambwinja soon arrived on the scene and took more photographs and ordered that the body be moved to the mortuary.

The Commission observed that the Police did not cordon the place to preserve the scene. They did not take measurements, draw around the body to preserve the original position it was found in, and did not take fingerprints around the area. They did not check for marks of violence. The Police did not invite a medical examiner to the scene before moving the body. The medical examiner would have done the preliminary physical examination of the body on the site. The findings would have been helpful in estimating the time of death and also whether death had occurred on the site.

4.2 Guards on duty on the night of 23^rd September

Police did not immediately trace the guards who guarded the incident area. Police should have called all the guards on duty for questioning on the same day of the incident. The Police docket shows that statements were recorded only from two guards of SFGS, namely Mr. Malipilo and Mr. Chumachiyenda. This was only done two weeks later in October 2011. From the statement of Mr. Malipilo to the Police, he stated that when he was going to the toilet at 03.40am he heard a person groaning. He followed the sound and saw the person lying as if he was sick. He alerted his supervisor Mr. Chumachiyenda.

The Commission observed that Mr. Malipilo is hard of hearing. The Commission visited the scene with Mr. Malipilo in order for him to demonstrate the place from where he heard the groaning to where the body was lying. There are two levels from where he was to where the body was found. The body was on the lower level. The hearing distance is estimated to be 15m. Considering Mr. Malipilo’s hearing impairment, the view of the Commission is that it is unlikely that he would have heard a groaning sound from that distance.

Detective Sub/Inspector Chambwinja told the Commission that Mr. Malipilo told him that he actually saw a person going up the stairs before he heard the groaning sound. The Commission observed that this fact is not recorded by Detective Sub/Inspector Chambwinja in the statement that he took from Mr. Malipilo. Had this statement been made he would not have omitted to record such an important detail. In his testimony Mr. Malipilo himself denied making this statement. He maintained his denial in the presence of Detective Sub/Inspector Chambwinja.

From the notes in the Police docket it is apparent that the Police recognised the importance of interviewing all the guards that were on duty the night of 23^rd- 24^th September, 2011. Detective Sub/Inspector Chambwinja noted in the docket that it was essential that the Police should invite all guards, including and especially Elias Phiri who was the guard at the entrance of Hyrid Hostel as he might have seen Robert when he was leaving Ndagha’s hostel that night. However, no statement was recorded from guards of KAMU Guard Services.

On 9^th October, 2011 Detective Sub/Inspector Chambwinja went to KAMU Guard Services to look for Elias Phiri. He was informed that Elias Phiri was not reporting for duties. Apart from looking for Elias Phiri the Police have not tried to look for any of the guards from KAMU Guard Services or SFGS. As a result of this failure to immediately trace the guards, the three guards who were deployed in the critical places have not been found as mentioned earlier in this Report. The Commission itself traced and interviewed most of the guards but was unable to trace Elias Phiri, Harry Makina and Chikondi Mwamvera. With respect to Harry Makina, the Commission learnt that his personal file and photograph are missing from his employer’s office.

The Commission did not get useful information about the events of the night of 23^rd September from the guards that testified obviously because the critical guards could be not traced.

4.3 Post-mortem examination

As mentioned earlier, Robert’s body was taken to COM mortuary for postmortem examination. Robert’s brother and sister, in the company of neighbours, came to the mortuary and requested to view the body before the examination. They were allowed to view the body but were not invited to be present during the post-mortem examination. Robert’s mother was present but the relatives did not allow her to see the body because of her high blood pressure condition. Since the matter was in the hands of the Police, it was the Police who requested for the post-mortem examination to be conducted and the Polytechnic guaranteed payment.

The Commission was informed by Mr. Chirambo and the Pathologist that during the examination there was heavy Police presence. The Police included senior officers from the National Police Headquarters and the SRPH. The Commission was further informed that after the post-mortem examination the Police handed the Pathologist the alleged suicide note addressed to Robert’s father. This note had been given to the Police by Mr. Chirambo. It is unusual for the Police to give a Pathologist unsolicited information after a post-mortem examination has been conducted. In the view of the Commission this, together with the heavy Police presence, was to influence the Pathologist’s decision to perpetuate the suicide theory as discussed below.

4.4 Press Statement

On the evening of 24^th September, 2011 the IG called the then National Police

Press and Public Relations Officer, Senior Assistant Commissioner Willie Mwaluka and said to him that he was not “feeding” the nation with sufficient information about the death of Robert Chasowa. He was instructed to go to

Blantyre to get the information and issue a press statement. On 25^th September, 2011 Senior Assistant Commissioner Mr. Mwaluka travelled to Blantyre. He instructed the SRPH Press and Public Relations Officer Assistant Commissioner Davie Chingwalu not to say anything on the matter and that he would handle it himself.

On arrival at the SRPH, Senior Assistant Commissioner Mwaluka was briefed by Assistant Commissioner Chingwalu and then he met the RCIO Superintendent Chisale, Senior Deputy Commissioner Lexten Kachama and UCIO Superintendent Caroline Jere. RCIO Superintendent Chisale explained to him that the previous day’s investigations had found a suicide note. He was given the alleged suicide note and the preliminary post-mortem examination report. Senior Assistant Commissioner Mwaluka then proceeded to draft a press statement.

Senior Assistant Commissioner Mwaluka called the IG and read the draft statement to him. According to Senior Assistant Commissioner Mwaluka, this was to seek the IG’s approval of the statement before it could be released. He said this is the standard requirement. The IG gave his approval for the statement to be released as was. The Press Statement was released in the afternoon of the same day on both television and radio. The Press Statement was taken to the print media houses on the same day and started appearing in the print media the following day. The Press Statement is attached as Annex 11.

The IG does not dispute that the Press Statement was read out to him after it was drafted. He made no changes to it. He disputed that it was read over to him in order for him to approve its contents. According to him, the officers on the ground were best placed to determine the contents of the Press Statement. According to the Press Statement, Robert had committed suicide. The relevant paragraph from the Press Statement states: “With this evidence adduced, it is evident that Robert Chasowa had already planned to commit suicide. It is also evident in this regard that the deceased jumped from the upstairs corridor that resulted to sustaining of head injuries”.

4.5 The suicide theory

The Commission learnt from Mrs. Rebecca Madulila and Mr. Vincent Chaduka that the first police officers on the scene, i.e. Detective Sub/Inspector Banda and Detective Sergeant Zimba, were overheard discussing between themselves that this could not have been suicide by jumping from the balcony. They said there should have been blood and brain tissue splattered and other obvious body injuries. Similarly Mrs. Katenje, the Dean of Students at the Polytechnic, informed the Commission that she overheard the same two police officers at the COM mortuary discussing that this could not have been a suicide. They said that they expected blood and brain to splatter following a fall from such a height.

Commissioner Jose testified that in her first communication to him, UCIO Superintendent Caroline Jere reported that the first officers on the scene had suspected “foul play”. When Senior Deputy Commissioner Lexten Kachama was briefing Robert’s father and relatives on the morning of 25^th September, 2011 he informed them that although there was a note suggesting suicide it was too early to exclude the possibility of murder. He further informed them that the matter was being investigated and that the post-mortem examination report was being awaited.

We have earlier talked about the alleged suicide note and that the note was passed on to the Police by the Polytechnic Administration. From that point on senior police officers mooted the possibility of suicide. However, although suicide was mooted, the senior officers did not completely rule out the possibility of foul play. They in fact recommended further investigations. The Commission therefore observes that the first officers on the scene were of the opinion that it was foul play and that suicide was mooted later by senior officers.

It was only in the Press Statement that this matter was conclusively said to be a case of suicide. The relevant paragraph from the Press Statement is quoted above.

As mentioned earlier, the Press Statement was made on the afternoon of 25^th September, 2011. The Commission observes that this was before the final results of the post-mortem examination and before the authorship of the alleged suicide note was confirmed by a handwriting expert. The Press Statement virtually closed the chapter on the matter. After the Press Statement, on 26^th September, 2011 the main investigator in the matter, Detective Sub/Inspector Chambwinja, closes the chapter on further investigations in these words:

“26/09/11 – scene of crime was already visited by high delegated police officers including the Crime Supt, the RCIO, the UCIO, the Regional Photographer and myself. The scene clearly shows that the deceased committed suicide.”

Upon hearing the Press Statement, Dr. Dzamalala was prompted to react because he had not yet issued the final post-mortem examination results. Dr. Dzamalala’s reaction, which appeared in the Malawi News newspaper of 1^st October, 2011, was prompted by the fact that the Press Statement implied that a final post-mortem examination report had been issued. The final post-mortem examination report, as mentioned earlier was only signed on 4^th October, 2011.

It was collected by the Police on 5^th October, 2011.

4.6 Further investigations

There was a contradiction between the Press Statement and the post-mortem examination results and the controversy was now in the public domain. On 6^th October, 2011 the Police were compelled to re-open the investigations. According to the Police docket, this is how Detective Sub/Inspector Chambwinja goes back to the matter and we quote:

“06/10/11 – Taking from what the post-mortem examination result has said intensive enquiries have been started with the help of the RCIO South. We have for the second time invited some people to clarify on some points on the movement of the deceased on this particular day... .”

The Commission observes that if it were not for the post-mortem examination Report, this matter would have been closed on the basis of the Press Statement.

The Police docket shows that from 6^th October, 2011 the Police indeed went on to interview further witnesses in the matter.

In the course of the investigations, the alleged suicide note together with specimens of Robert’s handwriting collected from the Polytechnic, were submitted, on 19^th October, 2011, to Assistant Commissioner Tiyese Mavuto Chiumbuzo for examination. He is the Handwriting Expert for the MPS.

These documents were marked Q1 to Q3 and S1 to S3. Q1 to Q3 were the questioned documents, that is, the letter to the father, the envelope it was in and a poem entitled “Life is a Mystery”. S1 to S2 were specimen examination papers written by Robert Chasowa and S3 is a poem entitled khumbo la khumbo lane written by Robert Chasowa.

Assistant Commissioner Chiumbuzo submitted his Report on 28^th October, 2011. He concluded that:

“Based on these observations there is high probability that Robert Chasowa was responsible for the authorship of questioned anonymous letters and the envelope which were submitted for handwriting examination”.

The Report is attached as Annex 12.

According to the Police, because they were “implicated” in the matter, it was proposed that there should be investigations by external institutions. Senior Assistant Commissioner Mtekama proposed that the alleged suicide note together with the specimens should be sent to the Republic of South Africa for independent expert opinion.

The Police sent the documents that had been examined by Assistant Commissioner Chiumbuzo to the Questioned Documents Unit of the Forensic Science Laboratory of the South African Police Service. They were examined by Colonel Marthinus Theunis Du Toit. He is an expert examiner of questioned documents. In his Report dated 14th February, 2012 he concluded as follows:

“... The disputed writing marked Q1 to Q3 and the specimen writing marked S1 to S3 was written by the same writer. ...” The Report is attached as Annex 13.

Deputy Commissioner Lexa Chalera, then Director of CID, proposed that the rest of the investigation be undertaken by Interpol. According to her, she wrote a memo to the IG to that effect. The Commission confirmed that there was communication with Interpol.

In their testimony before the Commission, all police officers interviewed and asked about the Press Statement agreed that it was grossly inappropriate to issue such a conclusive Press Statement that Robert had committed suicide at that stage of the matter. It was only the IG who did not seem to agree with this position. The police officers also agreed that the matter needed to be investigated further. The IG too agreed. The Commission established that to date the investigations in the matter have not been concluded. The Commission was told that nothing is being done by the MPS to investigate the matter further because they are waiting for Interpol to take over. The Commission however takes judicial notice that in the course of the Inquiry some individuals have been arrested on account of this matter.

CHAPTER FIVE

THE POLITICAL DIMENSION

5.1 Robert’s involvement in youth organisations

The Commission was informed by Alex Black Moses that in 2010 he formed an organisation called Youth for Freedom and Democracy (YFD). Alex Black Moses later persuaded Robert, his childhood friend, to join him in the organisation. He said he needed Robert in the organisation because he himself has not gone very far with education. According to Alex Black Moses, he formed YFD because he was not happy with the political disagreements that were going on at that time between the late State President Professor Bingu wa Mutharika and the then Vice President Madam Mrs Joyce Banda and the effects of those disagreements on the economy.

One of the activities of YFD was to publish and distribute materials which were critical of the Government and its leadership. The publication was entitled “Youth for Freedom and Democracy: A Weekly Political Update”. These materials were mostly being distributed in Blantyre. They were also published on various websites including Nyasa Times^{^[2]}. As a result of this publication Alex Black Moses was arrested by the Police on 31^st December, 2010 at Motel Paradise in Blantyre. After his release from custody Alex Black Moses met with Robert in early 2011. In their discussion they agreed to meet with Mr. Kamlepo Kalua.

According to Alex Black Moses, Mr. Kalua was the person providing them with the materials they were publishing in the Weekly Political Update. They went to meet Mr. Kalua in the company of Justice Kangulu. While with Mr. Kalua he warned them about the dangers of anti-government activities. He advised them not to trust each other or mention those that were helping them with the publications. Their response to the warning was that they were prepared to face the consequences. According to Alex Black Moses, Robert continued to work with him.

While Robert was interacting with Alex Black Moses he had also joined Duncan Phiri in June 2011 in an organisation called New Vision Youth Organisation (NVYO). This is the organisation whose plan, as mentioned earlier, was to promote youth involvement in development activities. In particular, the organisation was interested in working with the government in the political arena, restructuring of MRA, tracing tax evasion by traders, developing ways of supporting the ZDB, utilization of the green belt initiative and analysis of the Farm Inputs Subsidy Program. Their ideas were given to Robert to draft a proposal to present to government. The Commission finds confirmation of these matters in what is contained in Robert’s diary in the entry of 16^th June, 2011 where he writes:

“ ... WE PLAN TO PROPOSE FOR THE IMPLEMENTATION OF THE

CASH/ZERO DEFICIT BUDGET AND RESTRUCTURING THE MRA - PLANS TO DEFEAT THE TAX EVASION FRAUD IN MALAWI AS A WAY TO IMPLEMENT THE BUDGET

THE UTILIZATION OF THE GREEN CURVE AND THE DEVELOPMENT

THAT MAY FOLLOW - A FINAL ANALYSIS OF THE SUBSIDY PROGRAMME IN COMPARISON TO GOVT FARMS TO COVER UP THE GREEN CURVE - MEETING JUSTICE TOMORROW AGAIN” (sic). A copy of the diary entry is attached as Annex 14.

5.2 Attempts to meet with the then State President

On 25^th June, 2011, in his diary Robert talks about the need to finish the draft proposal to present to the Press Officer of the President, Mr. Albert Mungomo. On 27^th June, 2011 Robert talks about completing the proposal and discussing it with the group which he refers to as the “Conspiracy” in his diary. The group, as mentioned earlier, comprised of Duncan Phiri, Phaniso Mhone, Justice Kangulu and Robert.

On this same day Robert talks of sending the proposal to Mr. Mungomo and waiting for an invitation from him to a meeting the following day. It would appear that on the 28^th June, 2011, Robert and Justice Kangulu met Mr. Mungomo to discuss a deal on production of identity cards. Later on that same day, as a group, they had also arranged to meet Mr. Mungomo to discuss their proposal. The group was not able to meet Mr. Mungomo because he did not show up as arranged.

On 4^th July, 2011 the group arranged to meet Mr. Mungomo at Capital Hotel in Lilongwe. The meeting was to be on 8^th July, 2011. On 7^th July, 2011 the group met to prepare for the meeting. On 8^th July, 2011 the group travelled to Lilongwe to meet Mr. Mungomo to discuss the proposal as scheduled. In Lilongwe they called Mr. Mungomo who told them that he was in an emergency government meeting and that he would meet them later. Mr. Mungomo never showed up until the group decided to return to Blantyre.

According to Duncan Phiri, the whole idea of meeting Mr. Mungomo was for him to facilitate a meeting with the then State President. After failing to meet Mr. Mungomo the group decided they would try to contact Honourable Professor Peter Mutharika, MP. On 18^th July, 2011 Robert called Honourable

Mutharika. This is confirmed by Robert in his diary entry of that date and his phone records. The phone records are attached as Annex 15. Duncan also told the Commission that Robert called Honourable Mutharika on 18^th July, 2011. It would appear that this plan of meeting the then State President was not working out for the group.

5.3 Interaction with the Police

As mentioned above, there were national anti-government demonstrations on

20^thJuly. Following those demonstrations, other demonstrations were planned for 17^th August, 2011. The group conceived another plan to work with the Government through the MPS to prevent the demonstration scheduled for 17^th

August. As indicated earlier, the group was concerned with the impact of the 20^th July demonstrations on the youth and the economy. They feared that the scheduled demonstrations would worsen the situation.

The interaction of the group with the Police has been discussed earlier in this Report. We have also explained how the interaction was terminated and how the group reacted to the termination. According to Duncan Phiri, whilst the rest of the group gave up on their demands for payment following the termination of their engagement with the Police, Robert felt used and was determined to pursue the matter. It was at this point that he reverted to his involvement with Alex Black Moses in the anti-government publications apparently without the knowledge of rest the group.

5.4 YFD publications

Although Robert interacted with the group and was part of the plan to prevent the 17^th August demonstrations by the group, his resolve was to work against the government. According to his diary entry of 11^th August, 2011 his perception of the leadership was as follows: “POWER CORRUPTS AND CORRUPTS ABSOLUTELY. BUT SINCERITY IS AN ATTRIBUTE OF HIGH INTEGRITY. THEY ARE A BUNCH OF HYPOCRITES. MAY BE IT IS A RESULT OF PRINTED PAPER SOME CALL IT MONEY.

A COUNTRY RUN BY A BUNCH OF HYPOCRITES. PUPPETS WHO CANT

MATCH THEIR ACTION AND VOICE. IS THIS LEGACY REFERENDUM LEFT FOR US. A BUNCH OF OPPORTUNISTS WHO MAKE MONEY OUT

OF BLOOD. IS THIS THE SPIRIT OF THE FIGHT YOU STAGED IN 93 AND 92. OR HAVING SEEN NO HOPE YOU RESORTED TO A CONNING ENTREPRENEURSHIP. THIS IS MY COUNTRY AND IF ANYONE IS TO

COLLECT IT AM GOING TO BE THAT MAN.” (sic)

In his entry of 12^th August he continued as follows:

“... THIS CALAMITY FACING MY LAND IS A RESULT OF DEEPER

PLAGUE AFFECTING MY MOTHER LAND. I KNOW THE PEOPLE ARE

SICK. THEY ARE CORRUPT AND HUNGRY FOR MONEY THEY INSATIABLE APPETITE FOR POWER IS DEVILISHLY SCARY. WHO WILL COME OUT AND MAKE THEM PEOPLE UNDERSTAND, CONSTRUE, DECIPHER AND PERCIEVE THINGS IN THE RIGHT MANNER?” (sic).

A copy of the diary entry is attached as Annex 16.

It was apparent to the Commission that when Robert reverted to his activities with Alex Black Moses he was more determined than before to work against the Government. Robert’s determination is manifest in Volume 3A of the Weekly

Political Update dated 15^th August, 2011 on which he decided to append his mobile phone number. Previously it was only Alex Black Moses’s mobile phone numbers that were appearing on the publications.

According to Duncan Phiri, when he as well as Phaniso Mhone asked Robert why his mobile phone number was appearing on such a publication, Robert did not seem to mind. From Volume 3A to Volume 6A which is dated 19^th September, Robert’s mobile phone number continued to appear on the publications. The Commission observed that the contents of the publications became more and more critical of the government and its leadership as they progressed from Volume 3A to 6A. The publications are attached as Annex 17.

As mentioned earlier, on 19^th September, 2011 Robert, Alex Black Moses and Innocent Sulani went to NPL Office at Ginnery Corner in Blantyre to deliver a copy of Volume 6A of the Weekly Update. From NPL Robert and Innocent went back to the Polytechnic. Alex Black Moses continued distributing the publication. He gave a copy to Mr. Bester Saopa whom as mentioned above was a DPP functionary. On that same day Alex Black Moses also met Mr. Cecil Kapakasa, a DPP youth cadet and friend to Mr. Noel Masangwi who warned him of the consequences they would face for distributing the publications.

It has also been stated above that on 19^th September, Commissioner Jose received a phone call from the then Presidential Guard Commander, Mr. Mwapasa reporting that Alex Black Moses was distributing anti-government publications in town. Commissioner Jose then issued instructions for the arrest of Alex Black Moses and later issued instructions for the arrest of Robert.

5.5 The wider political dimension

As mentioned earlier, in the years 2010 and 2011the country was going through political, social and economic problems. It has also been said that these translated in various forms of reaction from different sections of our society. CSOs resorted to making ultimatums which eventually led to the 20^th July demonstrations and the events that followed. While these events were taking place government was making efforts to manage the situation. DPP functionaries on their part were working to silence the critics. The Commission was given examples of these events such as the torching of Blantyre market, Rafik Hajat’s Office and Balaka market. It was also mentioned to the Commission that there were threats to individual civil society activists.

The Commission learnt that during this period DPP officials held various meetings to plan for their response to the situation. Mr. James Chimera, DPP District Governor for Blantyre Urban, informed the Commission that on 18^th July, 2011, Honourable Dr. Lucius Kanyumba, MP, held a meeting of DPP Southern Region District Governors at Blantyre City Council in the Town Hall.

At the meeting he conveyed a request from the late State President to the Governors to inform the Party supporters not to take to the streets on 20^th July, 2011. The late President feared there would be chaos. He advised against counter demonstrations.

On 19^th July, 2011 Mr. James Chimera called for a meeting at the Blantyre District DPP office to relay the message from the late State President to the Blantyre District constituents. After the meeting Mr. Frank Julius, DPP District Youth Director, requested to use Mr. Chimera’s official party vehicle to transport youths from the constituencies. Suspecting unlawful use of the vehicle, Mr. Chimera declined to release it. Subsequently Mr. Chimera saw three DPP vehicles bringing in cartons. He noticed that these cartons contained pangas. At that point he left.

Later in the evening he heard on Joy Radio that DPP youth cadets drove along the streets of Blantyre City in DPP vehicles whilst wielding pangas. Mr. Chimera told the Commission that one of the vehicles was driven by Mr. Frank Julius. He also told the Commission that one of the three vehicles that was used was that which was assigned to Mr. Lewis Ngalande, DPP Southern Region Youth Director.

Mr. Chimera told the Commission that after the 20^th July demonstrations there were several meetings at the Blantyre District DPP office. At one of the meetings Mr. Frank Julius wanted to beat him up. Mr. Stoni John tried to defend him. This led into a fight between Mr. Stoni John and Mr. Frank Julius. In the course of the fight Mr. Chimera heard Mr. Frank Julius say “muona zimene anawona Chasowa” (you will be dealt with the way Chasowa was). These words were being directed at Mr. Chimera himself and Mr. Stoni John. Mr Chimera was emphatic about these words having been uttered by Mr. Frank

Julius.

Commenting on Robert’s death, Mr. Chimera told the Commission that information coming to him was that on the night of 23^rd September, 2011 Robert was picked up from the Polytechnic campus by the Police with the help of KAMU Guard Services guards. He heard that Robert was then taken to the SRPH and that electric shock sticks were used to subdue him. He was then taken from SRPH to some place along Lunzu road and eventually dumped dead at the Polytechnic campus. As will be mentioned below, this part of Mr. Chimera’s testimony is to some extent supported by the testimony of Detective Sergeant Hanna Senduwa of Limbe Police Station.

According to Mr. Chimera, Mr. Stoni John told him that the people who were responsible for inflicting the fatal injuries on Robert were Mr. Dolph Botomani and Mr. Sam Chulu. He said this appears to have been done on the instructions of Mr. Lewis Ngalande.

The Commission was not able to interview Mr. Stoni John. He was brought to the venue of the hearings in the company of Mr. Chimera but before he could be interviewed he turned hostile on Mr. Chimera saying “mukufuna kundiyika mmavuto” (you want to get me into trouble) and then he bolted. The Commission subsequently tried to trace him but has not been successful.

The Commission heard from Mr. Redson Mtiya, DPP Constituency Organising

Secretary. He testified that on 19^th July, 2011, after the meeting that was called by Mr. James Chimera, he was asked to remain behind together with Mr. Chikondi Makoka, the Constituency Governor and Frank the Campaign

Director by Mr. Frank Julius. He did not know why they were told to remain behind. Later he saw three DPP vehicles driving into the office premises. The vehicle in front was being driven by Mr. Frank Julius. In the vehicles were DPP youth cadets with pangas.

The youth cadets were instructed by Mr. Frank Julius to drive along the streets of Blantyre wielding the pangas. Mr. Mtiya said that he indeed joined the DPP youth cadets and took part in the panga wielding incident. The purpose was to intimidate people from joining the demonstrations the next day. According to Mr. Mtiya, when Mr. Frank Julius was organising the DPP youth cadets, Mr. Lewis Ngalande was present at the office but he did not say anything. After driving around Blantyre they went back to the DPP offices where Mr. Ngalande thanked them for a job well done and gave each of them K1000.00.

Mr. Mtiya further testified that a later meeting was called at the DPP office to resolve a conflict between Mr. James Chimera and Mr. Frank Julius. At this point he realised that there was a disagreement about Party positions in the District. The meeting did not resolve the problem as it soon became apparent that there were two opposing camps, one supporting Mr. Chimera and the other supporting Mr. Frank Julius. In the course of the meeting a fight broke out between Mr. Stoni John, a Chimera supporter, and Mr. Frank Julius. In the course of the fight Mr. Stoni John said that “he was going to reveal everything because the people were being childish”. Mr. Chimera confirmed that Mr. Stoni John made this statement.

According to Mr. Mtiya, when he heard this statement he became curious to find out what was happening. Mr. Mtiya asked Mr. Stoni John what he meant by that statement. Mr. Stoni John told him that he was the one who torched Balaka market and Mr. Rafik Hajat’s Office but that he had not been adequately paid for the jobs. Further, Mr. Mtiya said Mr. Stoni John told him that he had attended meetings that were intended to deal with Robert Chasowa who, according to them, was causing trouble at the Polytechnic and they wanted to silence him (“timuphwetse”). According to Mr. Mtiya, he later heard that Robert Chasowa had been found dead.

The Commission interviewed Mr. Frank Julius. He confirmed his disagreements with Mr. James Chimera and being involved in a fight with Mr. Stoni John. According to Mr. Frank Julius the fight was about “office politics”. He denied being involved in the panga wielding incident as at that time he was at his home village in Zomba. He denied saying the words “muwona zimene anawona Chasowa”. He told the Commission that he resigned from his position in August 2011. The Commission established that Mr. Frank Julius lied on this aspect because according to Mr. Noel Masangwi, DPP Regional Governor, whom the Commission interviewed subsequently, Mr. Frank Julius resigned from his position not earlier than December 2011.

Mr. Kamlepo Kalua told the Commission that he knew Robert. At some point Robert and his friends went to him to ask for information on political issues to publish. He confirmed that he gave them the information they needed. On the night of 23^rd September, 2011 Mr. Kalua spoke to Robert on several occasions. He first spoke to him around 5 pm and then around 9 pm. The last time he spoke to him was around 10 pm.

He said that Robert told him that he feared for his life because of the articles and that he wanted to flee from campus and go to Lilongwe. Mr. Kalua advised him to remain on campus. Explaining Robert’s death Mr. Kalua told the Commission that he thought that Robert’s friends Duncan Phiri and Phaniso Mhone might have betrayed him. He also thought that there were DPP functionaries at the Polytechnic who might have been involved in planning the death of Robert. He mentioned in particular Dr. James Buliyani, a lecturer at the Polytechnic. He also mentioned Mr. Moffat Banda a friend to Dr. Buliyani.

Mr. Humphrey Mvula told the Commission that he was one of the organisers of the 20^th July demonstrations. He confirmed to the Commission that after those demonstrations they were planning for other demonstrations on 17^th August, 2011. He said while they were at Mr. Rafik Hajat’s Office planning for the demonstrations on a certain day, three young men came to them. The young men warned them that their names were on the Government hit list and advised them to call off the 17^th August demonstrations. He later learnt that one of those young men was Robert Chasowa.

As regards Robert’s death, Mr. Mvula told the Commission that there were two groups of civilians assisted by the MPS who were involved. One group was from Ndirande and the other group was from Bangwe. He mentioned Mr. Dolph Botomani, Mr. Sam Chulu and Amos^{^[3]} as the Ndirande group. According to Mr. Mvula, Mr. Botomani almost confessed to him to have taken part in Robert’s murder and that they were working under a DPP network involving Mr. Noel Masangwi and Mr. Lewis Ngalande. Mr. Mvula also said the Bangwe group included Mr. Mike Chitenje, also known as Bangwe One and Mr. Isaac Osman, also known as Mtopwa One. He also said that this Bangwe group was in a network involving Honourable Professor Peter Mutharika.

Mr. Mvula informed the Commission that Mr. Mike Chitenje had been paid K6 million which was paid through his First Discount House (FDH) Bank account and that this money had been used to purchase a truck. The money had apparently come from the State House. The Commission obtained the bank statements from FDH Bank of Mr. Mike Chitenje’s accounts, trading as Mulanje Last Boxing Promotions and Bangwe One Investments.

With regard to the Mulanje Last Boxing Promotions bank account, for the period dating from 2^nd September 2011 to 2^nd July, 2012, there were transactions ranging from K20,000.00 to K5 million. The Bank could not provide the deposit slips for the period 4^th October 2011 to 30^th March 2012 which are said to be missing. The Commission was curious that the deposit slips for the 6 months were missing.

The Bangwe One Investments bank account has transactions ranging from K10, 000.00 to K2, 500, 000.00. The Commission noted that the business was registered with the Registrar General on 23^rd September, 2011 and the bank account was opened on 10^th October, 2011. Three deposit slips for this account are said to be missing. The bank statements are attached as Annex 18.

According to Mr. Mvula, the MPS assisted the two groups above under the supervision of Sub/Inspector Yuda. Mr. Mvula further told the Commission that there were also two Zimbabwean hit men who were working with the Police. He said that the two Zimbabweans were accommodated at Michiru Lodge and Mkango Lodge in Blantyre. On the fateful night Robert is alleged to have been identified by a Polytechnic lecturer Mr. Nazombe. He was then grabbed by a team wearing KAMU Guard Services uniform.

Mr. Mike Chitenje testified before the Commission. He told the Commission that Mr. Sam Chulu, Mr. Dolph Botomani and Mr. Petros Tembo were demanding money from Mr. Noel Masangwi. The three went to the DPP office in Blantyre demanding K1 million and a vehicle each from Mr. Noel Masangwi. Knowing these three, Mr. Mike Chitenje wondered what kind of business they would have done to warrant payment of such a huge sum of money. He denied knowing Robert Chasowa and any involvement in his death.

The Commission interviewed Mr. Sam Chulu. He denied knowing Robert Chasowa and any involvement in his death.

Mr. Petros Tembo appeared before the Commission and denied knowledge of Robert Chasowa and said that he was not involved in his death. He told the Commission that he is into debt collection business. He also occasionally travels to the Republic of South Africa to buy commodities for sale. He told the Commission that he worked closely with Mr. Dolph Botomani. He also told the Commission that together with Mr. Dolph Botomani they registered a debt collection business styled BODO Debt Collectors with the Registrar General. He could not recall where he was in September 2011. He heard about Robert Chasowa’s death through the radio.

Mr. Dolph Botomani also appeared before the Commission. He said he frequently travels to the Republic of South Africa to buy commodities for sale. He said that around 23^rd September, 2011 he was either in the Republic of South

Africa or on his way back from there. That is when he heard about the death. He confirmed to the Commission that he knew Mr. Petros Tembo. He did not do business together with Mr. Petros Tembo. He had travelled with him to the Republic of South Africa only once. The Commission noted that this was unlike the impression given by Mr. Petros Tembo. As regards the registration of BODO Debt Collectors business, he said the matter was left with Mr. Petros Tembo. He was not sure whether the business was registered at all.

The Commission heard from Detective Sergeant Hannah Senduwa. She told the Commission that during the night of 23^rd September, 2011 she was on duty at SRPH. Also present were fellow police officers from Limbe Police station. These were, Officer in Charge, Deputy Commissioner George Dziko, Inspector Benard Ali Ukasha, Assistant Superintendent Pax Justin Thavi, Inspector Maria Gomani, Sub/Inspector Francis Sandramu and Constable Stanford Horea. At the SRPH they found some senior police officers. These were the then RCIO Stanley Chaima, UCIO Superintendent Caroline Jere, Deputy Commissioner Lexa Chalera, Commissioner Rodney Jose, Assistant Commissioner Dave Chingwalu, Deputy Commissioner Willie Mwaluka, the IG and Sub/Inspector George Mwalilino.

She also noticed the presence of civilians, Mr. Noel Masangwi, Mr. Lewis Ngalande, Mr. Mike Chitenje, Mr. Isaac Osman and Mr. Stoni John. She asked

Sub/Inspector Mwalilino, who she was with, what was happening. He told her that that was the group which was looking for Robert Chasowa. Sub/Inspector Mwalilino explained to her that Robert Chasowa was part of the group that had been hired to prevent protests and was insisting on the money that his group had been promised.

After a while the civilians left in a black Prado accompanied by Constable Stanford Horea. They soon returned with a young man who was gagged. They were using shock sticks to subdue him. She recognised the young man as Robert Chasowa. She recognised him because he was taking the same Mechanical Engineering course as her daughter at the Polytechnic. Shortly thereafter Robert was taken back to the car. Constable Horea told her that they were taking him to Mr. Noel Masangwi’s house for further investigations.

The group returned around 02.30 am without Robert. According to Detective Sergeant Senduwa, Constable Horea said “ife tathana naye kukakhala kuyankha akayankha ndi ma bwana, bola ife ndalama ayike ku bank (we are through with him, the bosses will be answerable; provided our money is deposited in our bank accounts)”

Detective Sergeant Senduwa further said she heard Mr. Stoni John and Mr. Mike Chitenje saying “atimva, tipanga zazikulu, bola ife tamponya, akamamutola, Mr Chaima alembe msanga makalata okaika mzovala kuti information should agree with Mr Mwaluka’s statement” (we have done our bit and dumped him, now it is up to Mr Chaima to write the notes to put in his clothes so that Mr Mwaluka’s statement can be supported).

The following morning she heard that Robert Chasowa had been found dead at the Polytechnic campus. According to her, most of the officers who were involved that night were subsequently promoted.

The Commission interviewed all the police officers that Detective Sergeant Senduwa mentioned. All the Police Officers, except two denied being at the SRPH on the night of 23^rd September, 2011. Inspector Gomani and Sub/Inspector Mwalilino agreed that indeed there was a meeting at the SRPH on this night and that some officers from Limbe Police Station and Lilongwe came to the SRPH.

CHAPTER SIX

FINDINGS

This Chapter presents the findings of the Commission. The findings are based on the testimony of witnesses interviewed by the Commission. Some of the findings are based on the observations of the Commission as it interviewed the witnesses. The findings are also based on the contents of the post-mortem examination Report. The Commission also made a further analysis of the postmortem examination photographs. Some of the findings are based on such analysis.

It will be recalled that the Commission visited the scene where Robert’s body was found and the surrounding premises on three occasions. The Commission has also made findings based on these visits. The Commission also researched for relevant documents including newspaper reports, phone records, bank statements, passport and motor vehicle registration details. All these have also informed the findings.

(a) The identity of Robert Chasowa

Robert Chasowa was the third born child of Mr. Austin Kings Chasowa, of Chembe Village, T/A Msakambewa in Dowa and Mrs Chrissie Rabecca Chasowa, of Kachere Village, T/A Maganga in Salima. Robert was born on 20^th March, 1986 in Blantyre. He was a 4^th year Mechanical Engineering student at the Malawi Polytechnic. He was a member of the Seventh Day Adventist Church and also a member of the Fountain of Victory Ministry.

His hobbies included playing football, drama, reading and writing poetry. He was a friendly and amiable person, courageous and ambitious. Robert aspired for leadership. He was passionate about most things he got involved in. He could also be temperamental. He was close to his family.

(b) Friends and Associates

Robert’s childhood friends included Alex Black Moses and Duncan Phiri.

On the Polytechnic campus his friends were Lydia Jere, Innocent Sulani, his roommate, Allan Chipwere, Fred Dickson and Ndagha Mkandawire. He was very close to Ndagha.

Off campus his friends were Justice Kangulu and Darlington Miseleni. His associates were Duncan Phiri, Phaniso Mhone, Justice Kangulu and Alex Black Moses. Although Phiri and Moses were his childhood friends he only reconnected with them whilst at the Polytechnic. He also associated with Mr. Stuart Potiphar Chirambo and Mr. Trouble Kalua through football.

His girlfriend was Ms. Lillian White.

(c) Political activism

The Commission established that Robert worked together with Alex Black Moses in an organisation styled YFD. YFD published a Weekly Political Update which was critical of the Government and its leadership. Robert and Alex Black Moses were personally involved in the distribution of the materials.

The Commission established that Robert was not happy with the workings of the Government and its leadership. He perceived the country as being run by a “bunch of hypocrites, puppets who could not match their action and voice, a bunch of opportunists who made money out of blood, corrupt and hungry for power”. Robert perceived himself as an agent of change as confirmed by the entry of 11^th August, 2011 in his diary. Thus, although Robert was part of the plan to prevent the 17th August, 2011 demonstrations his resolve was to work against the Government.

(d) Interaction with politicians

The Commission confirmed that Robert and Alex Black Moses interacted with Mr. Kamlepo Kalua from whom they obtained materials for the publications. On 18th July, 2011, according to Robert’s phone records and his diary, he spoke with Honourable Professor Peter Mutharika.

(e) Interaction with the Police

After the events of 20^th July, 2011, Robert came into contact with the Police through Duncan Phiri. Robert, Duncan Phiri, Phaniso Mhone and Justice Kangulu conceived a plan to prevent the 17^th August demonstrations. On 7^th August they presented their plan to the IG at his residence in Area 30 in Lilongwe. This was in the presence of Commissioner Jose who had driven them to Lilongwe.

The IG was persuaded by their plan whereupon he gave each of them K50, 000.00. He instructed Commissioner Jose to look into the rest of their requirements. Upon returning to Blantyre, Commissioner Jose hired a vehicle for them and also gave them K300, 000.00 for office accommodation and for other activities.

Upon hearing the testimony of the group and that of the IG and Commissioner Jose, the Commission could not confirm on the available evidence that there was a promise for payment of K10 million. However from the testimony of the IG it was clear to the Commission that the Police were going to pay the group some money from the MPS Criminal Investigation Fund on successful completion of the assignment.

The Police found out that the group had failed to convince the CSOs and UNIMA students to prevent the demonstrations. The Police terminated the assignment and took their own initiative to prevent the demonstrations. The Police did not pay the group the expected money. The Commission has established that upon refusal by the Police to pay the expected money the group was very angry, especially Robert and Duncan. Robert and Duncan Phiri pestered the IG and Commissioner Jose for the payment. The Police did not yield to the demands for payment. At that point the group disbanded.

The Commission established that prior to the group’s engagement with the Police, Robert had been involved with Alex Black Moses in the publication and distribution of the YFD Weekly Political Update, a publication critical of the Government and its leadership. When the group disbanded, Robert rejoined Alex Black Moses in the publication and distribution of the Weekly Political Update.

The Commission established that this time Robert was even more determined than before in criticizing the Government and its leadership. He resolved that he would be the person to bring about change. Robert’s resolve is shown by the aggressive contents of the publications and the appendage of his mobile phone number thereon from Volume 3A.

The Commission established that on 19th September, 2011 Robert and Alex Black Moses went to NPL offices in Blantyre to deliver a copy of Volume 6A of the publication for inclusion in the Nation newspaper to ensure a wider circulation. They also had copies of the publication which they were distributing to the public.

The Commission further established that when Volume 6A was received by Mr. Bester Saopa, a DPP functionary, the matter was reported to Mr. Mwapasa, the former Presidential Guard Commander, who reported to Commissioner Jose. This led to the arrest of Alex Black Moses. Alex Black Moses implicated Robert. Robert then became a wanted person by the Police.

(f) Date and time of death

The Commission has not been able to establish the exact time of death. The Commission finds that Robert was alive as at 00.30 am on 24^th September, 2011. The Commission finds that Ndagha’s testimony that Robert left her room at 03.33 am was not credible. Ndagha informed the Commission that she had drunk this evening. From her testimony the Commission was of the clear view that Ndagha had drunk excessively that night such that her recollection of the events of this night must have been impaired.

The Commission also finds that Robert’s body was found lying on a concrete pavement behind the Administration block near the Accounts office at about 03.40 am at the Polytechnic campus.

He was confirmed dead by Mrs. Madulila at about 05.00 am on the same 24^th September, 2011. The Commission therefore finds that Robert died after 00.30 am and before 03.40 am on 24^th September, 2011.

(g) Exact place of death

The Commission was unable to establish the exact place of death. From the evidence available, as detailed in paragraph 2.2.5, the Commission finds that Robert was assaulted elsewhere and his body brought to the site where it was found. It is also very likely that Robert was already dead when he was brought to the site, based on the nature of the injuries which are described later in the post-mortem examination findings.

The Commission finds that there was ample opportunity of bringing Robert’s body to where it was found owing to the lapse in the security arrangements at the Polytechnic campus.

(h) Cause and nature of death

The Commission established that Robert died of intra-cerebral haemorrhage i.e. bleeding inside the skull and brain. This bleeding was the result of trauma to the skull as a result of assault.

(i) Results of post-mortem examination

The results of the post-mortem examination confirmed the cause of death as stated above i.e. intra-cerebral haemorrhage as a result of trauma to the skull. Robert was assaulted with a blunt instrument to the skull causing fractures of several skull bones leading to bleeding inside the skull and brain.

The Commission established, based on the post-mortem examination report and photographs, that Robert was assaulted to the head at least three times resulting into the bone fractures referred to above.

(j) Alleged suicide notes

The Commission acknowledges the presence of the alleged suicide notes and also acknowledges the opinions of the handwriting expert from the MPS and the Forensic Document Examiner of the South African Police Service.

The Commission finds however that the theory of suicide is not supported by any evidence, whatsoever, before the Commission other than the mere presence of the alleged suicide notes. To the contrary, from all the attendant circumstances and the evidence obtained by the Commission, Robert was killed.

(k) Conduct of the Polytechnic Administration

The Commission finds that there was laxity in the way the matter was handled after the Administration learnt that the police were looking for Robert on grave criminal allegations. It is the position of the Commission that, as guardians of a student in their institution, the Administration should have escorted Robert to the SRPH which is only a few hundred meters away from the Polytechnic campus. In that way they would have formally confirmed why Robert was being sought after. This would have ensured Robert’s safety in the hands of the Police.

The Commission finds that when the Polytechnic Administration were made aware of Robert’s death, they properly and promptly responded to the incident.

The Commission finds that the Polytechnic Administration were outsourcing security services from two private security companies, namely, KAMU Guard Services and SFGS. The Commission further finds that there was lack of coordination between the Polytechnic security supervisors and the security guard providers.

The Polytechnic did not maintain a proper record of the number and names of guards present and where they were positioned in relation to the deployment roster. There was total laxity such that the security guard providers were functioning on their own.

As a result of this laxity and lack of coordination, guards who were deployed at critical places such as the front entrance to Hyrid Hostel where Robert was last seen alive and the one who was guarding the area where Robert’s body was discovered have not been found.

The Commission finds that had the Polytechnic ensured that the guard who was deployed at the area where the body was discovered was present on duty this night, he would have been the person to explain how the body came to be there.

The Commission finds that there is uncertainty as to whether there was a guard at the Dispensary area that night and who this guard might have been. This uncertainty would have been avoided with proper supervision on the part of the Polytechnic on the deployment of guards.

The Commission established that at the time of the incident there were no gates at the entrances, notably the entrance leading to Hyrid Hostel and the one leading to where the body was found. In addition, the security lighting around the hostels was inadequate. Gates have since been installed at all entrances and the security lighting system has been improved.

The Commission failed to establish how Mr. Victor Mandiwe found the alleged second suicide note because he was not interviewed as he was reported to be in the Republic of South Africa.

The Commission agrees with Mr. Allan Chipwere that had this large note, written on size A3 paper, been on Robert’s bed, Allan would not have failed to see it. The Commission therefore finds that the second note could not have been on Robert’s bed.

The Commission was not able to establish how the handset that Robert used that night while in Ndagha’s room, was found in his locker in his room early in the morning of 24th September, 2011. The Commission finds that the Polytechnic negligently handled the mobile phone issue. The phone should have been handed over to the Police for appropriate investigations.

The Commission finds that the issue of Robert’s room key was negligently handled. After the key was discovered in his pocket the Polytechnic Administration gave it to and left it with another student. The key should have been handed over to the Police as part of the evidence in the matter.

The Commission established that most of the major political parties in Malawi have political wings at the Polytechnic. The Commission finds that the interaction between these wings was not always cordial. In some instances it led to violence between the factions, which has been described by one witness as “savage politics”. The Commission agrees with these observations.

The Commission established that the system for quickly locating students in times of urgent need at the Polytechnic is not properly maintained. This is demonstrated by the fact that when the Police came to look for Robert Chasowa, the Administration could not trace him on the information on his file which had since changed.

(l) Conduct of the Police

The Constitution of the Republic of Malawi in section 153(1) provides that the Malawi Police Service shall be an independent organ of the executive which shall be there to provide for the protection of public safety and the rights of persons in Malawi according to the prescriptions of the Constitution and any other law.

Section 153 (2) further provides that the Malawi Police Service shall enjoy only such powers as are necessary for the protection of rights under the Constitution and the maintenance of public safety and public order in accordance with the prescriptions of the Constitution and the law.

The Constitution further provides in section 158 (1) that members of the Malawi Police Service shall ensure that they exercise their functions, powers and duties as impartial servants of the general public and the Government of the day.

Pursuant to these provisions section 4 of the Police Act, (Chapter 13:01) of the Laws of Malawi provides for the general functions of the Police. In particular, Section 4(1) of the Act provides that the Police service shall be employed in and throughout Malawi for the:

(a) prevention, investigation and detection of crime;

(b) apprehension and prosecution of offenders;

(d) protection of life, property, fundamental freedoms and rights of individuals,

(e) due enforcement of all laws with which the Police are directly charged; and

(f) exercise or performance of such other powers.

The Commission finds that when the incident was reported to the Police they responded promptly and went to the scene. The Commission finds however, that the Police did not take measures to preserve the scene and did not invite a medical examiner to examine the body before it was removed from the scene.

The Commission further finds that the Police did not act diligently enough. They did not immediately summon any of the guards who were on duty on this night for questioning. Had the Police done so, the critical guards who are now missing would have been questioned. In that way useful information about the events of the night of 23rd - 24th September, 2011 would not have been lost.

The Commission finds that Detective Sub/Inspector Chambwinja lied to the Commission when he testified that Mr. Dindo Malipilo told him that he saw a person going up the stairs to the corridor above the scene of the incident just before he heard the groaning.

The Commission finds that there was heavy presence of senior Police officers from the SRPH and the National Police Headquarters during the post-mortem examination. The Commission finds that the Police did not give the family the option of being present during the post-mortem examination. The Commission also finds that the Pathologist was given unsolicited information in the form of the alleged suicide note after the post-mortem examination. The Commission finds this to have been a deliberate attempt on the part of the Police to influence the decision of the Pathologist to perpetuate the suicide theory.

The Commission finds that the Press Statement was issued on the instructions of the IG. The Commission further finds that the contents of the Press Statement were put together by Senior Assistant Commissioner Mwaluka. The Commission also finds that the IG approved the contents of the Press Statement before it was released.

The Commission finds that the Press Statement concludes that Robert committed suicide by jumping from an upstairs corridor. It refers to the final post-mortem examination results as supporting this conclusion. The Commission finds that this Press Statement creates the impression that at the time it was made there was already a final post-mortem examination report, which was not the case. The final report was released on 4th October, 2011.

The Commission finds that the first police officers on the scene of the incident suspected that the death was a result of foul play. The Commission further finds that senior police officers advanced the suicide theory as the likely cause of death upon finding the alleged suicide note, but they did not completely rule out the possibility of foul play. In fact they recommended further investigations.

The Commission finds that the Press Statement ruled out the possibility of foul play. The Commission finds that at the time the Press Statement was made, it had not yet been determined by a handwriting expert that the alleged suicide note was written by Robert. The Press Statement nonetheless determined that suicide was the cause of death. As a result of the Press Statement, on 26th September, 2011 the Police formally closed further investigations of the matter.

The Commission finds that Dr. Dzamalala’s reaction to the Press Statement denying the issuance of a final post-mortem examination report brought the matter into the public domain. This, together with the final report which contradicted the Press Statement, prompted the Police to reopen the case for further investigations.

The Commission finds the conduct of the Police in prematurely releasing the Press Statement reprehensible. The Commission determined that the only plausible reason why the Police wanted to close this matter prematurely was to conceal the fact that Robert was murdered.

The Commission finds that the manner in which the Police handled the scene of the incident and the post-mortem examination was inherently unprofessional. The premature release and the nature of the Press Statement were obviously calculated to suppress the truth. The Commission finds that the Police handled the whole case in total and glaring disregard of their functions and responsibilities. The deliberate flouting of basic procedure and the marked attempt to conceal facts of the case is cause for serious concern.

The Commission finds that the matter was reopened for further investigation but only two guards have been interviewed. A second independent expert opinion on the authorship of the alleged suicide note has been obtained. The matter was referred to Interpol on 17th October, 2011 to take over the investigations. The Police have not followed this up in earnest. The Commission is of the view that reference of the case to Interpol was without genuineness and merely to cause the impression that something was being done about the matter in order to shed off blame.

(m) Conduct of politicians

The Commission established that Robert and Alex Black Moses formed YFD in 2010 and started producing the YFD publications in mid 2011. These publications were critical of the Government and its leadership. The Commission finds that the information for the publications was provided to them by Mr. Kamlepo Kalua. The Commission established that Robert was responsible for the printing of the publications and that together with Alex Black Moses they distributed the same.

The Commission finds that when Robert joined Duncan Phiri, Phaniso Mhone and Justice Kangulu in June 2011 in NVYO in their involvement with the Police, he did not renounce his involvement in YFD.

The Commission finds that when their involvement with the Police was abruptly terminated and without the group receiving payment as expected, Robert felt used. He then reverted to the production of antigovernment publications with Alex Black Moses. The Commission further finds that this time Robert was more determined than before to work against the government. Robert’s resolve was manifested in the aggressive nature of Volumes 3A to 6A of the Weekly Political Update.

To further demonstrate his resolve, on 19th September, 2011 Robert and Alex Black Moses went to NPL offices in Blantyre to deliver a copy of Volume 6A of the publication for inclusion of the publication in the Nation newspaper to ensure wider circulation.

The Commission finds that on 19th September, 2011, Volume 6A of the publications which was extremely critical of the Government and its leadership, landed in the hands of DPP functionaries. The functionaries instructed the Police to hunt for Alex Black Moses and subsequently for Robert.

The Commission finds that while Government was making efforts to manage the difficult situation the country was going though in the years 2010 and 2011, DPP functionaries were working to intimidate and/or silence their critics.

The Commission finds that the torching of Balaka Market and Mr. Rafik Hajat’s Office was by a DPP functionary. The Commission further finds that DPP youth cadets drove around the streets of Blantyre to intimidate those that had planned to demonstrate on 20th July, 2011.

The Commission finds that there were meetings held by DPP functionaries planning, among other things “kumphwetsa” (to silence) Robert. The Commission finds that Mr. Stoni John took part in the planning meetings of the DPP functionaries to silence Robert. The Commission further finds that at one of the meetings convened by DPP functionaries for Blantyre District, Mr. Frank Julius uttered the words “muwona zimene anawona Chasowa” (you will be dealt with the way Chasowa was).

The Commission finds, from Mr. Frank Julius’s statement, that the plan to silence Robert had been executed.

The Commission finds that Mr. Stoni John, who bolted before he was interviewed, told Mr. Chimera that Mr. Dolph Botomani and Mr. Sam Chulu are the persons who inflicted the fatal injuries on Robert. The Commission noted that these two were also mentioned by other witnesses. In the testimony of Mr. Humphrey Mvula, Mr. Dolph Botomani almost confessed to have taken part in the killing of Robert.

The other persons that were mentioned to the Commission as being involved in the murder of Robert are Mr. Mike Chitenje, Mr. Petros Tembo and Amos. Mr Noel Masangwi and Mr. Lewis Ngalande were also mentioned. Some Police officers were also mentioned, namely, Constable Stanford Horea and Sub/Inspector Yuda.

The Commission finds that during the week beginning 19^th September, 2011, in particular on 23^rd September, 2011, Robert spoke to several people that he was fearing for his life on account of the YFD publications. In an attempt to conceal his whereabouts during this week, Robert changed his mobile phone number several times. Robert was being sought by the Police at the instance of the DPP functionaries who were not happy with the publications.

(n) Circumstances of death

From the testimony of the witnesses and analysis of the evidence, the Commission can summarise the circumstances of Robert’s death in this way. Robert was seized in the early hours of 24^th September, 2011, after leaving Ndagha’s room, on his way to his hostel. He was gagged. His resistance was overcome by the use of shock sticks. The information that Robert was on campus on this night must have come from persons within campus.

Robert was led away. He was assaulted to the head at least three times. Robert died as a result of the injuries sustained from the assault. His body was brought to the Polytechnic and dumped at the site where it was later discovered.

(o) Identity of possible suspects

The Commission, on the testimony and evidence before it, has identified the following persons as possible suspects:

1. Mr. Dolph Geoffrey Botomani

2. Mr. Petros Tembo

3. Mr. Sam Chulu

4. Mr. Stoni John

5. Mr. Mike Chitenje

6. Mr. Isaac Osman

7. Mr. Frank Julius

8. Mr. Noel Masangwi

9. Mr. Lewis Ngalande

10. Mr. Elias Phiri

11. Mr. Harry Makina

12. Mr. Chikondi Mwamvera

13. Constable Stanford Horea

14. Sub/Inspector Yuda

15. Amos

CHAPTER SEVEN

RECOMMENDATIONS

1. Malawi Police Service

Bearing in mind the mandate and powers of the MPS as provided for in the Constitution of the Republic of Malawi and the Police Act (Cap. 13:01) of the Laws of Malawi, the Commission recommends to the Malawi Police Service as follows:

(a) In the conduct of their duty the Malawi Police Service is expected to live up to the dictates of the Constitution and as provided for under the Police Act. Primary is the fact that the Malawi Police Service is an independent organ of the executive and, therefore, in the exercise of duty towards the protection of the rights of the public, the Police must conduct itself with independence and impartiality. The Police must desist from being used in furtherance of any political agenda.

(b) The Police should exercise its powers for the protection of persons and property.

(c) In the performance of its duties the Police should always adhere to the procedures provided for that purpose. These procedures include those provided for the processing of incident scenes, collecting and preserving evidence and interviewing witnesses.

(d) The Police must investigate every matter that is reported to it. The investigations must be conducted and finalised in a professional and timely manner. The Police must not make conclusions before investigations are completed.

(e) Where the Police is going to make a public statement on any matter, it is critical that the statement contains information that is accurate and a true reflection of the situation. Police should desist from the impropriety of concealing the truth.

(f) While the Police is entitled to request for post-mortem examination in cases of unnatural death, the Police should inform relatives of the deceased and give them the opportunity to be present during the examination.

(g) Post-mortem examination is meant to obtain independent professional findings by a Pathologist. The Police should, under no circumstances, attempt to influence the opinion of the medical experts by offering unsolicited information in order to establish the cause of death.

The Commission further recommends that:

(h) The Police should continue and complete the investigations on Robert Chasowa’s death as a case of homicide. In view of the time that has lapsed since Robert’s death, the investigations must be done with speed and completed as soon as possible.

(i) If the investigation establishes that any person is responsible for causing the death of Robert Chasowa, such person(s) must be prosecuted within a reasonable time.

2. The Malawi Polytechnic Administration

The Commission recommends to the Malawi Polytechnic Administration as follows:

(a) The system for tracing students in times of urgent need should be updated regularly.

(b) The Polytechnic Administration should take more responsibility over students’ welfare. In instances where a student is wanted by the Police, the Administration should accompany the student when being taken to the Police in order for them to be informed of why the student is wanted and also to ensure the safety of the student in the hands of the Police.

(c) There must be proper supervision of security guards and coordination between the Polytechnic Administration and the security guard providers.

3. Political parties and politicians

The Commission recommends to political parties and politicians as follows:

(a) Political parties, politicians or individuals should not use the MPS in the exercise of their functions, powers and duties to further their political agenda or to undermine those of others.

(b) Political parties, politicians or individuals should not use the MPS as a tool for intimidating, silencing or eliminating political opponents.

(c) Political parties, politicians or individuals should desist from exploiting students in order to advance their political agenda.

Download here

[1] These events are documented in the Report of the Findings and Recommendations of the Presidential

Commission of Inquiry into the Demonstrations, Deaths, Injuries, Riots, Looting, Arson, Public Disorder and

Loss of Property that Took Place on 20^th and 21^st July, 2011

[2] http://www.nyasatimes.com

[3] Last name not provided

Malawi - 100 Reasons Not to Celebrate 'Independence'

2021-07-06T02:26:00.002+02:00

Ah, 6 July. Another opportunity for Malawians to pretend to celebrate independence. At least now it's just the pretense, when Kamuzu ruled the land, it was like North Korea up in this place. You couldn’t even breathe lest the state and its regime thuggery deem you unpatriotic.

We shouldn’t be celebrating independence and here are some reasons why. In summary, we shouldn’t be celebrating because we are actually not independent. Let me explain:

I will not bother you with the figures, but we are deeply DEPENDENT on foreign aid. I don’t know of an election that we funded using our own money and at some point, 40 percent of our budget was funded by white people and that is still true now, I think.

Malawi the shithole

We RELY on the world bank and EU and USAID for grants and loans. Forget that we totally mess up the money when we get it, like the time we took a huge loan from China to build a stadium which we cannot use or when we got huge loans to build toilets or that time, we got a loan and bought faulty tractors from India.

Look around now, with COVID running riot, we need the international community to give us vaccines. If the Global Fund and the Bill Gates of this world stopped funding our hospitals, deaths would spike tomorrow. Malawians get to go to hospital for free and get ART for free because of donors.

Malawians can spew out babies like rabbits because they know that the donors will step in with handouts of mosquito nets for their malaria, water treatment drugs and even essential drugs in case one of their seven babies gets sick.

Malawians

At some point the Norwegians were paying part of our doctor’s salaries and if you ever go to a health institution, it's Europe everywhere. From the Library at College of Medicine to cancer wards and machines that matter at our hospitals.

It is as if white people feel so guilty of being racist in the past that they give us all we need at the basic level.

Wouldn’t you agree that the ‘Independence’ day should instead be a day to thank white people for all they have done and keep doping to our undeserving shithole of a country?

Yes, I said shithole because when Donald Trump said it he was deemed racist, but as someone who comes from the poorest country and having lived in the high-density areas there, I can assure you, we do indeed live side by side with shit. We are shit. Go to Blantyre or Tsoka Market and see where they place the fish for sale or the water they use to clean your vegetables…but don’t worry, if at all cholera breaks out, aid flows in.

Talk of training, essential government personnel have to wait for Israel or the UK or the US to offer them training, otherwise government wouldn’t have its civil servants going for further studies. In the end, we are always toeing the line of the donors because they dictate how we behave after attending their schools or using their funds to attain skills.

Talk of schools, when I was growing up all books were printed with help from Canada and when the primary schools became free, the costs were mostly pushed to, you guessed it, white people.

We use the English language in school and offices and to have any sort of status, you need to know English – that is not independence because it just so happens that English is the language of our former masters.

We cherish a good bottle of sprite; our music is American and our movies too. We cannot point to any genre as being Malawian and our dress our food is all heavily influenced from the outside, just like a dependent nation.

Our biggest cash crops are tobacco and tea all cater to demands in Europe. If white people say we don’t want to smoke, we have no economy, if white people say we want to buy it at 1 dollar per kilo, we also have no choice. As such we are dependent not the other way round.

All Goes in Malawi

The same goes for the other part of the economy, we use the SWIFT system, have to buy oil in dollars and we cannot even ban the sale of second-hand clothes that choke local manufacturing capacity lest we anger the Americans. We are dependent.

While we export seeds and leaves, we import everything else from paint to sofas to radios even if the wood that was used to make the sofas is from right here. And that is a classic case of dependence, my people.

The technology is all foreign, we cannot even make toothpicks around here, if Google says it's blocking Malawi, we will be stuck with Bing and the list goes on. We are dependent, I said.

What is Malawian philosophy? What great theory has come out of Malawi so far? See? We are humanists, democrats, and we love Jesus and Muhammad and most of our local myths are based on Sophocles or Aesop. That is dependence because the Indians will tell you tales of Shiva and The Persians and Arabs will quote from their history and we have nothing. It's why we try hard to make some people like Kamuzu appear heroic when they are really just despots.

We love and need European Aid

Our government is based on Greek texts and dictated to us by white folk and most treaties we sign and adhere to are all minted in white boardrooms.

What are we free to do? How independent are we? Independent from who? From What? Britain? Our biggest donor? The giver of English? The prime destination for our doctors? The owners of the CCAP churches?

So, lets gather in our hootenannies and thank the white man for all he has and keeps doing, what would we be without him and on this day, let us celebrate our dependence without making it ironic.

Chewas think they made it in life

2021-02-06T06:41:00.002+02:00

The Chewa Heritage Foundation is looking for Chewa CVs. NonChewas need not apply! They want to see which Chewas have skills, you know, there might be some vacancies that might need a Chewa candidate in the Tonse future.

Though they are frantically trying to walk away from the release, two journalists have authenticated the release. They can deny it all they want; it is only because of the furore.

Nyau -Gold Standard of 'Malawian Culture'

We love our Chewa brothers, the history of Malawi is in part the history of the Chewas, but someone needs to call them out on their never-ending tribal myopia and mania.

Chewas came to Malawi in the 1500s, they found this land occupied by short people who they called Akafula. They brutally murdered them in what can be argued as the first ever genocide. I say this to highlight the fact that they should know that they came here from elsewhere, just like the rest of us. The only people who were here before history, we killed them all.

Chewas by and large learned how to trade and live with others and endure modern problems such as slavery and colonialism together. From Chilembwe to Yatuta Chisiza, Malawians of all tribal calling stood up until they took down white rule.

As soon as the country won the war over colonial rule, however, Chewacentrism reared its ugly head. Kamuzu was put at the centre of Malawi and his policies were to be Chewacentric. Malawians have never had a frank discussion on how tribal thought gave us that dictator.

He moved the capital from Zomba to a dusty patch close to his tribal homeland, he filled government positions with his tribesmen. The ‘new‘ country was to be named after their kingdom and while that was only fair since they were/are the dominant group, they started pushing it.

The Shameless Release

Tumbuka, among other tribal languages, was taught in schools, they stopped it, they held book-burning sessions just like the dark ages or Mao’s Cultural Revolution.

They did not want teachers from the north, so they sent them packing and forcibly transferred them away from the Chewa heartland.

Quota System was first implemented by a heavily Chewanised administration. People had to change names to make them sound Chewa to make it in life.

They made their tribal language the national language and set up a Chichewa Board at Chancellor College, funnelled money into developing their language. Even Yao children grew up learning ‘Maliro ndi Miyambo ya a Chewa’ as if they didn’t have their own rites. You see. they justify it as trying to promote national unity, but notice how they only want others to erase their identities and adopt theirs. Strange unity, this.

Just like before, Malawians of all calling banded together to fight the Chewacentric MCP tyranny. People lost their lives and some families will never be whole again because they stuck their neck out and dared a Chewa backed Kamuzu. Malawi won.

For the record, Most Chewas voted against multiparty politics in the early 90s, they also overwhelmingly voted for MCP in the following general elections - meaning to say - they wanted Kamuzu Banda to stay on.

As a matter of fact, no matter what any other candidate says, the Chewa block always largely votes MCP nonetheless. They are a tribal cabal by definition.

When the Mutharika dynasty rose up and plunged Malawi into another sunken phase, Malawians rose up again from Timothy Mtambo, who can barely speak Chichewa, to Winiko. Malawi rose up again and won.

As soon as MCP got back in power, it seems the old thinking still exists.

Many people are comparing the latest move by the Chewa body to Mhlakho wa Ahlomwe, they are wrong. What the Lhomwe were doing was just them trying to do what the Chewas started back in the Kamuzu days. The Chewa wrote the tribalism book.

So, what do we do now? Well, Chewas will not change in our lifetimes, they are always going to feel like the rest of us are deputy Malawians, after all we speak their language, when one googles ‘Malawian culture,’ their Nyau comes up. Let them be, the solution to the folly lies in two things that you might not be thinking of: A strong UTM and 50+1!

As soon as they try to make Malawi a Chewa project, UTM should get out of the Tonse Alliance and band with another party that will starve them of the votes needed to make government in the 50+1 system. Let them be MCP/Chewa and let them face the rest of the country at the ballot.

Maybe it is a mistake to pretend that they are superior. Maybe it is time someone got an injunction against teaching Chichewa to nonChewa people. Maybe it is time we made all languages in Malawi official.

Give us dictatorship - Chewa voting patterns in 93 Referendum

You see a Chewa man can live in Nkhatabay for forty years and not even learn the local language because they feel others must bow to their culture. When someone speaks Chichewa with Yao or Lhomwe accent they also get laughed at because you see, you can never be Chewa if you are not.

Time to end the hegemony. If they want a kingdom, we can split up the country, it's not like we would mind not being in the same country with our Nyau-wearing, rat-eating neighbours. What will we lose?

If they feel this is their country, then we can let them have it.

The truth is, Chewa districts harbour some of the poorest Malawians, if you go to Nsundwe it's not uncommon for Nyau to raid a market and take other people's property, they also harbour some of the biggest illiterate folk and we saw how they needed a whole 21 point to enter college under quota.

Instead of trying to band with the rest of the country to uplift the nation and make it better, they don't want to leave their 1800 thought behind. Some are very proud to be ignorant and the entitlement of some is sickening. They behave as if everyone in Lilongwe or government should pay homage to the Chewa landowners and kings.

Politicians love them poor, ignorant. They lionize Kamuzu Banda and make them blindly vote MCP because they are promised entitlement. They believe that they need to be fed and petted like precious dogs.

Someone had to say it.

Disclaimer: I am not a subject of Gawa Undi, in fact, fuck Gawa Undi and he can send me his CV, I am out of tissue paper.

Maneb Boss Arrest Either Historic or Dangerous

2021-02-05T07:48:00.006+02:00

Look, I am all for this: if public officials are to be arrested for doing a bad job, then let's goooooo! It is however strange that of all the public officers that have been doing bad jobs it seems only one person has been arrested and that is kind of weird to be honest.

Before you continue, This commentary is written with the assumption that you are aware of the arrest of the suspended MANEB chief. See here if you are unupdated

The soon to be former MANEB boss, Gerald Chiunda, was everything one hates in a public officer. If you read audit reports from MANEB when he was there you will see how he flouted procurement procedures, how MANEB promoted and recruited people without proper procedure.

Chiunda - No Angel, but...

Some people at MANEB actually allege that they were entrapped and then fired in the most DPP way possible while Chiunda was there.

The list is long, to be honest, there are so many things that make me happy to see the guy behind bars, but the charge sheet of the crime he is currently charged with is really curious to be honest.

Here is how Jarson Malowa of Times reported the story yesterday:

‘Suspended Malawi National Examinations Board (Maneb) Executive Director, Gerald Chiunda, will remain in custody after the Senior Resident Magistrate (SRM) Court in Zomba reserved its ruling on bail application until next Tuesday, February 9, 2021.

The other three accused are the board's Head of Security, Owen Khuntho, Chief Examinations Development Officer and Chief Examinations Security Officer, Ishmael Faki and Joseph Chilombe, respectively.

The four were arrested on allegations that they failed to exercise due care and attention in relation to the security of national examination materials.

The case is related to the leakage of 2020 Malawi School Certificate of Education (MSCE) examinations.

They both deny the charges leveled against them.’

So here are the important basics:

MANEB has been shit lately and under Chiunda. Chiunda is suspended. He is not accused of leaking the exams, but not being careful enough to prevent the leak. He is at the time of writing this in jail awaiting his bail application.

Cool. Firstly, is this really something that he has to be kept in jail over? What would he do if he was at home? Allow more leaks? He is suspended for Christ’s sake!

That is not even my biggest issue with the arrest of this guy, the issue is that why are the arrests of bad office holders starting only now?

Who at the Reserve Bank has been arrested for the billions that have been stolen? Which jail holds the guy who oversaw the coffers have billions get stolen during the Cash Gate years?

Why have police chiefs not been arrested for crimes that saw civilians die in their custody or during demonstrations such as those of 20 July?

Who has been arrested at Road Traffic for the fake licenses that get issued to motorists who go on to cause accidents on the roads?

When hospitals run out of medicines and people die, I don’t see any doctors or anyone from the Medical Stores or Ministry of Health being arrested for it?

What about the guys that blew the COVID money where are the arrest warrants?

Our soccer national team is also losing too many matches and wasting billions, who needs to get arrested?

The most glaring example being MEC. A whole court found them incompetent. They wasted money on foreign lawyers and kept grandstanding until the costs to the taxpayers hit billions. Why was Ansah not arrested? Why is Sangwani Mwafulirwa not in Jail?

Remember when they got a loan to buy shitty tractors from India and then all they did was made to apologize?

You get the picture, it seems this Chiunda guy, as much as he sucks is being targeted for political ends. The government seems to be looking for a way to show the nation that it is in control even though the leak happened under them.

If we are going to hold public officials criminally liable, let's do it, but let’s do it across the board and let’s put the phrases in the contracts of these men and also not forget to clarify the law to the public.

Where in the Penal Code is what crime, people need to know, and if they know, they should be able to tell why people at ESCOM can waste money and enter into shitty deals that drain public coffers and yet not get arrested.

People need to know how, for example, Peter Mutharika used government money to buy buses for private teams and lied about it and yet never even get to attend a hearing on it.

Something is not right. The arrest of Chiunda is either an historic milestone or it is symptomatic of something very sinister.

Reality Check: Europeans United a Divided, Imploding Africa

2021-02-05T05:19:00.091+02:00

Time to sober up. Europeans united Africa. Here is how.

You have probably been in a class or been bombarded with tales of how old white men sat at the 1884 Berlin Conference to carve up Africa greedily among themselves.

That conference is also the genesis of Africa’s ills today and then, some say.

It’s time to revisit this and set a few records straight. Europeans actually united Africa.

At the time of the partition, Africa had over 10,000 polities or what you would call nations if they were allowed to morph into today’s Westphalian style countries. See the Murdock Ethnic Map for reference.

How does one divide 10,000 into about 40 parts? And what would Africa be if those zillion ethnic groups were left to their devices?

If countries were to be made from Africa's ethnic groups - United?

The partition did not also disrupt a united Africa or any wholesome kingdoms, if we can trace the last time Africa was more divided it would have to be just before Africa was carved up among Europeans. In fact, Europeans had to create chieftainships in places where there were none such as in the acephalous villages of the Igbos in Southern Nigeria.

The French imposed chef de cantons who were mere clerks. Today Africans deeply respect traditional authority and rally around their chiefs, which is a unifying factor and also a product of the partition and of course Frederik Lugard. (See: The Fate of Africa: From the Hopes of Freedom to the Heart of Despair, by. Martin Meredith. New York: PublicAffairs. 2005.)

To understand this, we need to go back, way back to the beginning of the 1800s and start in South Africa.

Shaka Zulu was rising and militarizing the Zulu Kingdom this, though contested (see The Cobbing Controversy), sparked chaos in Southern Africa -a period known as the Mfecane. It can be argued that it was the first major widespread war as it saw up to 2 million Africans die as tribes fleeing from Shaka Zulu invaded/pillaged/ran over others as they themselves fled northwards.

The Mfecane saw Zwangendaba's men reaching as far as northern Malawi, conquering local tribes there. All this was before 1840. I should know because my own tribe’s kingdom was subjugated by these marauding Ngonis and it took the British to restore the Chikulamayembe Kingdom in the first decade of the 1900s and prevent the warlike Ngonis from finishing off my tribesmen. They had already killed off most men and taken over land and women.

My own tribe - the Tumbuka - had arrived in what is now Malawi at the end of the 1700s. There were frequent wars and a genocide was instituted by the other newly arrived tribed in Malawi that saw the elimination of the original inhabitants of the land, the Akafula people.

This answers part of the question I posed above, if Africa was left alone, tribes like mine would have simply have been eliminated and enslaved or as the Akafula/Batwas/Twa saw, simply genocided out of the equation.

After 1840, we know through David Livingstone’s journals that the whole place was either decimated by slave raiders, tribal war and general chaos. Bodies were flowing down the Zambezi as Bantu killed Bantu all along the Zambezi deep into Manyuema or what is now Congo. (See: 2003 — INTO AFRICA: The Epic Adventures of Stanley & Livingstone. Martin Dugard)

After the partition - bad?

There were wars in Ethiopia and there was strife everywhere, after all the movement of Africans about the continent before European contact was all about conquest and fleeing from conquest.

The partition did not split Africa up. It united a broken continent. And with resources fast disappearing with the explosion of population in the 1800s, the partition of Africa might have prevented major disaster in Africa.

It is not like the partitioned also disturbed a rich Africa either. The population of Africa only started exploding circa 1800 following the introduction of maize by the Portuguese. Maize meant that Bantu Africans did not have to rely on poor grain and starting sustaining more numbers.

Here is where I will insert my disclaimer. Yes, the borders the Europeans imposed on Africa are arbitrary and they have resulted in grouping incompatible groups such as the Kikuyu and Luo under one nation or splitting groups such as the Chewa between three nations (Mozambique, Zambia and Malawi).

While this has been blamed on some conflicts, it is not like Africans are not independent and cannot go back to their old ‘borders’ if they want.

Oversimplified Map of Ethnic Africa

I have also deliberately left out the atrocities and pain inflicted by Europeans on Africans with their colonialism/exploitation that followed. That is for another day, today I sought to zoom in on the question of Africa as being more united following the partition and not divided.

So when fake Pan-Africanists invoke the Berlin Conference to try to deflect from the fact that they cannot lift Africa out of poverty or ignorance, show them this.

Vishuli Mbunthu – Kwini Nayo Ali Napo Pamsundu

2020-11-20T05:00:00.000+02:00

Kopa yayi, lekezyani mphepo. Vishuli mbunthu.

Vishuli vinamazina ghanandi, Waswahili wakuviti Mashuzi, waku Speni wakuti pedo waku Russia na ma bwilibwishi yawo wakuti Perdet, Majapanizi wakuviti onara, ma Harabo wakuti yatakao, Mazulu yakuti Suza, kweni pali mitundu yiwiri ya wanthu iyo yili kuvipa vishuli mazina ghakwenerera umo nkhuonera ine: ma Tchainizi chishuli wakuchiti Piiiiih… wanyakhe ni Mafalansa ayo yakuvichema lu peeeeeh.

Mitundu ya Vishuli

Chakofya chomene chishuli nichila chikwiza na seko…iwe ukuti useke, mbe uku josi tolotolo….ku Mlomo ha ha ha, kumsundu pe pe pe! Mtundu uwu ukuchitikaso pa ku yethemula or paku khosomola. Aliyese pagulu akuti waka kumlomo mwazi, nakuti ungakanaso yayi.

Chishuli chinyankhe ntcha u Ninja…no kupulikika kweni kunkhunkha nga pafwila ntchewi pamalo.

Ichi nkhopa ini ntchishuli chautesi…. Nyengo zinyakhe dazi lose mtown munthumbo nga ukhumba kunya mavi, kuchimbira kuluta ku Chimbuzi mbwe kusanga kuti ntchishuli. Betele ichi, kweni pali Chinyakhe chautesi, iwe ukuti ah, ntchishuli waka, uti pwee, mbwe kamphingiri kadikidiki kafuma kali mpanti. No Mtende munthu uli mu minibasi olo kuntchito.

Mtundu unyakhe ukuwa nga bomba, pamsundu nga pakeluka, aliyense mu class kuchita kuchuluka na ntchewe uwo kubweta.

Chinyakhe ntchakwaya, pakwamba nga alto, mbwe besi nakumaliro nga mbata za wa mikayele.

Chinyankhe ntcha wu 007 Cha ma spy: Pagulu munthu ukuthira da ka 1 percent pera, pala kalije saundi kweniso kalije sungo, mbwe kulekezya 99% yosi.

Chinyakhe nichila chikwiza na ukali, kwamba kupulika mnthumbo mukubwata, kupulika mphepo yikhwikha, pala chafuma kuchita kupulika kupepuka.

Kwe ka Vishuli nivichi nakuti tikunyerachi vishuli?

Vishuli ni mphepo. Pala tikulya tikumila chakulya kumoza na mphepo, tinamwawi mphepo izi tikufumizyila ku msundu, ng’ombe zikunyera vishuli ku mlomo. Tinamwawi. Mphepo zinyake zikupangika mu nthumbo. Pala talya chakulya chikugayika mu nthumbo na ma asidi na tuvibungu twa bactéria. Kukufuma mphepo ngati methane, hydrogen carbon diaoxide, Amonia. Pakulya tikumila oxygen, Nitrogen ... mphepo izi pala zasazyikana ndizo zikupanga vishuli vyakununkha.

Pali vyakulya vinyakhe ivyo vikutemwa kutipasa mphepo izi pala talya: Masumbi, Ntchunga na kwawanyakhe awo mkaka ukuwakana – mkaka.

Wasayansi wakuti munthu aliyose pazuwa akunya vishuli vyakukwana 1 litre kuti waka mwa one litre iyi, vyakunukha vikuwa vichoko.

Tose tikunya

Wanthu wanyake wali kutolana kwa vyaka 50 kweni wandampulikepo muoli wawo akunya vishuli, chomene chomene pa chibwezi, pagulu, kunthito na pagulu vishuli nivyakupokeleleka chara. Kweni ivi vili nthena chifukwa tawanthu tikujipusika kuti ndise wakupambana na vinyama.

Unenesho wake ngwakuti tose tina pamsundu. Tose tikunya mavi. Tose tikunya vishuli. Tose tikuvikelula.

Vishuli tikamba kuving’ola nikale. Pythagoras yula wakatipa Pythagoras theorem ku Samuzi akati wati uyo wakutemwa kunya vishuli akufwa lubiro. Iyo akatenge wati pala imwe mukulya ntchunga imwe, by eating beans, you could fart your soul out and die.

Benjamin Franklin, uyo nimunthu wakutumbikika mu mbiri ya Amerika – mpaka mwahunu pano ali pa Ndalama yaku America- nayo akayoyowapo vya vishuli. Akalemba kalata kuluta ku wupu wa ma Scientists yaku Europe. Kalatya yakhe akayichema ‘Fart Proudly’ - ‘Nyani Vishuli Mwakufwasa.’ Mukalata iyi iyo akadandaula kuti vishuli wanthu wakuvitinkha ndipo akasachizya kuti wanthu wa vyasayansi wasange munkhwala wakuti wanthu walyenge kumoza na chakulya kuti palawakunya vishuli viwenge ngati perfume kweninso vyambula kutinkhika.

Mankhwala agha ghandasangike mpaka mwahuno kweni vikate viwenge vyakusekesha kuti munyakhe ayasangenge. Mpha kuli ma flavour ya vishuli mmaminibus. Wanthu wa Ndalama mpha wakunya vishuli vya Vanilla na mafungo yakudula.

Kweni ine nkhukola mazgo ya mufalansa yunji zina lake Michel De Montaigne. Michel Di Montaigne wakalemba mu buku lakhe kuti: On the highest throne in the world, we are seated, still, upon our arses.’ And, lest we forget: ‘Kings and philosophers shit, and so do ladies.’

Michel wakayowopaso za St. Augustine, mmoza mwa wanthu awo wakambisha ma tchalitchi pachalo, Augustine akalembapo za munthu yumo uyo akanyanga vishuli apo wakhumbila, na munyakhe uyo akanyanga vishuli nga lusumu.

Di Montaigne wakutichisya kuti tileke kopa kunya vishuli, ndise vinyama, tikulya, tikunya.

Nanga uli akuyowoya ntheura De Montaigne, ndise wanthu wamahara, kweniso research yinyakhe yili kusanga kuti mu vishuli mukuwa tuvibungu tula twa bacteria tula. Sono ni betele kuti pagulu or pafupi navyakulya tinganyanga vishuli bwekabweka chara.

Kweni pala tanya mwasoka, kopa yayi, yowoyani waka kachizungu kakuti ‘excuse me’ kuti mugule visa...or pala mungamanya, waphalirani wanyinu awo za De Montaigne.

Pali vishuli vinu vyalutilizya unandi lutani ku Chipatala, ingawa colon câncer iyo yikupangisha vishuli ninandi mwakulutizga.

Waphalirani wa neba winu, neba, uli na msundu – neba, ukunya vishuli nga ine!

Malawi University of Science and Technology (MUST) 2020/21 Selection List

2020-05-22T14:59:00.003+02:00

This is the list of men and women (young) who are going to be in the freshman class of 2020/21 at Malawi University of Science and Technology (MUST). Download PDF of the list HERE

Malawi is easiest, cheapest place to own a gun - 14 cents and a letter gets you license

2020-05-10T14:37:00.000+02:00

Fast facts:

Over 10,000 guns legally living among Malawians
Hundreds more being smuggled from Mozambique
Fine for possessing illegal gun: $50
Charge for gun license: K100
Guns governed by old 1965 Act
MYP and YD guns still not properly accounted for

The continuing conflict in Mozambique coupled with a porous, feebly patrolled border and weak policing are the likely reasons why guns and ammunition and gun violence keeps rocking the neighbourhoods of Malawi.

Apart from the more than 10,000 civilians who are legal carriers of guns in Malawi and apart from the locally manufactured muzzleloaders used by poachers, ‘military-type’ guns from Mozambique are proving to be the real danger.

Who among us has these?

“Our statistics show that AK47 and Pistols are popularly used in gun crime. Malawi does not license the possession and use of AK47 assault rifles both by the government or its agencies and the private sector or individuals.

“There is a consistent pattern of confessions from suspects that most of these firearms were smuggled into Malawi through Mozambique,” said Noel Kayira, Senior Assistant Police Commissioner, Deputy Commandant at Zomba Police College and, chair of the National Focal Point (NFP) on Small Arms.

The statistics are chilling; pistols and AK47s were the weapon of choice in the 151 gun crimes recorded from 2009 to 2014.

But Kayira says Malawi does not have that many criminal gangs that use firearms and that it is usually one or two criminal gangs that commit various armed violence across the country over a period of time and once arrested crime drops as was the case in Mid-2005.

Compare with Zambia, with just 14 million people, it recorded 3,168 reported cases of armed robbery in the 5 years between 1998 and 2002 and has 87,000 legal gun owners.

Some also fear that the two now-disbanded domestic political militia, the Malawi Young Pioneers (MYP) and the Young Democrats (YD) might be the source of illegal guns.

The disarmament of the MYP after the fall of Dr. Hastings Banda’s regime in 1994 is described as chaotic and incomplete), while the YD have never been disarmed and it is not publicly known what has happened to their weapons.

But Police have argued against these sources saying neither militia used AK-47s or Makarov Pistols, leaving Mozambique as the sole supplier of Malawi’s illegal guns.

With a yawning 1500 kilometer border between Malawi and Mozambique and one unhindered by geographic barriers, any gun in Mozambique can easily be in Blantyre in a matter of days.

This could be the supplier that supplied the pistol which a young Rwandan fired at a disco in Lilongwe, or the one found on a Korean in Lilongwe or the one found in the house of the Zingwangwa man that murdered his son and wife before committing suicide or even the one an MRA official in Blantyre used to kill himself.

Andrew Charman one of the few researchers on Malawi’s gun issues linked Malawi’s firearms demand in the country to organized crime, including poaching; self-defense; and political intimidation.

The fine for having an illegal weapon is a measly $50, and the fee you pay for owning a gun is only a K100. No deterrent.

With weak background checks, some of which involve letters from the easily corruptible chiefs and pastors, some people are driven to buy guns from South Africa, smuggle them into Malawi and register them as an afterthought or not register them at all.

For Charman Organized criminal activities are closely associated with military weapons such as the AK-47, whereas demand for self-defense is largely fulfilled with South African commercial weapons.

Another source of the ‘military-type’ firearms used in gun crime is those arms belonging to the MPS and other state armed forces.

The police are on record to denying this saying incident of firearms stolen or rented from state personnel for crime purposes are ‘extremely rare’.

But evidence is available. Mangochi police had to arrest one of their own at the middle of January after he was named as aiding violent robbers terrorizing the area.

At the start of the 2016 police recovered almost 300 rounds of ammunition and guns in Blantyre, the scary thing about the bust was that the ammunition is only used in police training pointing to the rented gun theory.

Malawi can partially thank Operation Rachel, a campaign to destroy Mozambican arms caches conducted jointly by the Mozambican and the South African governments, coupled with a civil society disarmament project called Transformação das Armas em Enxadas (Turning Arms into Ploughshares) that saw many firearms taken off people, pushing prices of illegal guns in the region up.

This was seen as true in a 2003 opinion survey in Malawi that saw most respondents considering illicit firearms expensive.

Guns might thus be simply too expensive for most Malawians, some even add that criminal elements have no lucrative targets in Malawi owing to the bad shape of the economy.

Scholarship says Malawi’s lack of gun culture has also been listed as one reason the country avoids gun violence thanks to the fact that Malawi avoided a civil war in the post-independence period unlike other countries.

But this might not be for long, those that did studies on the effect of Operation Rachel warned that the success of the efforts lies in the Mozambican government curbing corruption in the security sector which might not be easy especially when coupled with the fact that conflict levels in Mozambique are currently back to high levels.

Most of the guns from Mozambique are said to come in through Dedza and Ntcheu, for example, since 2000, police in Dedza have recovered at least 4 firearms per year for six years running. Of the recovered guns, there is always an AK-47 in the fray.

Gregory Mthembu-Salter in a 2009 working paper titled Trading Life, Trading Death: The Flow of Small Arms from Mozambique to Malawi warned Malawi to not only strengthen its vigilance against Mozambican guns, but to also watch the internal environment too.

“Malawians should remain vigilant about the inflow of illegal firearms from Mozambique and, indeed, all Malawi’s neighbors.

“But they should not blind themselves to domestic firearms proliferation issues regarding either the disbanded political militia or the police and armed forces’ own weapons. Violent crime, like charity, usually begins at home,” warned Mthembu-Salter.

Kayira said Malawi’s Firearms Act of 1967 is outdated and not in line with regional and international obligations. He called for a review of the Act to make it auger well with the SADC Firearms Protocol.

Kayira - Concerned

He added that the 2012 Firearms policy and the 2013 National Action Plan on control and management of firearms and ammunition need serious implementation to curb gun trouble.

“…there is need for improved co-operation with neighbouring countries in order to address insecurity along the border areas … government should also decentralize and institutionalize the use of the Interpol I- 24/7 communication system at border entry points.

Kayira also said extradition treaties with neighbouring countries, marking of legal guns, computerized record-keeping, beefing up security of arms repositories are also important channels to explore.

“…government should where necessary, and appropriately, provide amnesty to encourage voluntary surrender of illegally held firearms. National wide public awareness campaigns should be held to encourage voluntary surrender.

“Police need to intensify border patrols to intercept criminals who smuggle guns into Malawi. The government needs to constantly provide scanning equipment at borders to detect the movement of firearms in the country,” said Kayira.

Timothy Mtambo, who heads Centre for Human Rights and Rehabilitation and whose organisation was actively part of the NFP said the need to check arms goes without saying.

“If ownership of arms are not controlled and regulated, crime increases which threatens investors and the violation of the right to personal security and of property let alone the right to life. That is why it is crucial for governments to regulate firearms,” said Mtambo.

NOTE: This is a 2016 production, a lot might have changed...but I did not edit anything to keep authenticity, read it with 2016 in mind.

Here is the Supreme Court Ruling Upholding the Constitutional Court Ruling that Ordered Fresh Elections in Malawi

2020-05-08T23:38:00.000+02:00

An election was held in poor Malawi in 2019, Peter Mutharika won by the narrowest margin, the others MCP and UTM challenged the 'win' in court, the Constitutional Court agreed with the 'others' and ordered a fresh election... Peter Mutharika of DPP in cahoots with MEC [strangely] appealed the said court decision at the Supreme Court, the highest court there is in Malawi [in case you didn't catch the 'supreme' reference]. The Supreme Court has just delivered its verdict [on 8th May 2020]... it has agreed with the Constitutional Court and upheld its verdict. This means Malawi will have to hold new elections and go with the 50+1 system. It also means the Malawi Electoral Commission (MEC) was indeed weighed and found wanting.

Read the full verdict here. You will have to download the PDF.

Chinese Exploiting Malawian Kids in Racist/Humiliating Videos Sold for Thousands in China

2020-04-10T22:49:00.000+02:00

Malawian kids being exploited by Chinese

Those kids you see in the wildly popular video being made to shout ‘I am a Nigger with Low IQ!’ by some Chinese guy might be from Malawi and it is time we stopped that type of behaviour.

That video is just one you heard of, there are others of Chinese putting black boys sitting their laps and making them curse in Mandarin. There are is another of a Chinese man making fun of the lip-pulling tribal woman of Ethiopia by trying to kiss them.

An advert selling 'kids' services' on Weibo

A simple search on the Chinese copy-cat of Twitter, Weibo, gives thousands of hits of such videos, they have been in circulation in China for years. I tracked down one such page (非洲小花妞祝福视频拍摄) roughly translated as ‘African little girls singing blessings.’

Chinese looking to spice up their birthdays or looking to impress their girlfriends with black skin - a rare, feared, hated and often misunderstood thing – cough between MWK5000 and MWK50,000 for a customized one.

Deals are made on Wechat

Once the money is in, the Chinese on the ground in Africa invites a group of unsuspecting black people, usually young men, children, and mothers from rural and semi-rural areas for the shoot. They are dressed up, sometimes in Chinese attire and made to parrot some phrases in Mandarin while goofily dancing or posing.

The video is then dispatched to the happy customer who posts it on social media for friends to awe and ask how black monkeys from the Savannah got to sing happy birthday to them by name.

Remember, all these videos are being posted and transacted on WeChat, QQ and Weibo, where police come to your door if you post political opinions authorities don’t like. The fact that these videos are freely floating on there - you can draw your own conclusions.

Ad on Weibo: African bodies = Money in China

To convince the communities, these Chinese men buy snacks and ‘donate’ and pretend to be doing philanthropy.

This is happening in Zimbabwe, Zambia and Malawi. The products that were ‘donated’ there and ones that appear in their online picture catalogues are in line with the products you can find in the said countries.

According to this highlighted videographer, these kids and mothers are Malawian and the young men are Zimbabwean and you young women are from Zambia. There is even a service from Egypt and Ukraine.

In a blog post defending this Blaxploitation, the vendors claim their ventures have ‘greatly improved the conditions’ of the places they shoot from and that they donate food and money that is ‘more than what the parents earn.’ See here (link in Chinese).

The page also denies they make the kids parrot insults and rejected the video of the kids parroting self-insulting chants.

But look here, folks, just like on the tobacco estates, if the kids are earning it is child labour, if the kids are being used to make earnings for someone else, it is child exploitation. So why the fuck are these fuckers not in some jail?

Jokes: The so-called Donations

These people are being left with kids alone sometimes indoors, do we know if child porn is also being demanded by some pervs in Asia?

Does it look like a donation to you if the donor demands you wear some fake silk dress and chant like you are in a Kungfu movie before you can collect your ‘donation’?

In China there are 1.4 billion people there, these guys make thousands of videos and that translates to millions on money, no wonder they are now expanding to the Middle East and Eastern Europe to get brown and white monkeys to dance for Chinese audiences too.

Dressed like crowns and exploited- Zim Youths

This particular page, by his own admission, has produced over 100,000 videos, you can imagine the amount of money being made.

If you conclude that this is acceptable, then cool…if not then the Chinese that are filming these videos around the Njewa Area in Lilongwe and other areas in Malawi need to be warned off it or maybe brought in for ‘a talk.’

In any case, if there is going to be a donation, let it be a donation, because the videos make a lot of money and they should not be hidden behind 'charity.' In the caption accompanying the picture below, the vendor said buy his video so his mother can afford some rice.

I'm happy, informed and totally understand consent!

The opening up of the country to China should not include uncultured, racist and exploitative elements like these.

Some that feature in ads are not even 2

This guy and his click in Malawi need to get got

Just look at the video below of a Chinese boomer putting a kid on his lap and making him say the worst curse words you can find in the Chinese dictionary.

I hope the media, the Chinese and Malawian authority and anyone who can read will make sure not another video like that is made again from Malawi or Zambia or Zimbabwe. The people don't know what they are talking about and the fact that some videos are being made that are humiliating and criminal means the whole enterprise is suspect.

Protest-Politics and Culture

There Is No Satan: A Profile of the World’s Greatest Literary Character

The Transformation in Christianity

Iblis: The Islamic Tempter

The Devil's Wardrobe: Building the Look

Philosophers Declared the Devil Dead

Modern Satanism: The Ultimate Troll

'Malawi's New Cabinet Is full of Crooks' - Common Sense

Other Individuals

Chilima Reforms Infographic

Introduction: A System in Need of Overhaul

1. Allowances: Rampant Abuse and Inequality

MK 33.7 Bn

Only 1.5%

Key Recommendations for Allowances:

2. Employment Contracts: Inconsistency and Irregularities

Major Problems Identified:

Key Recommendations for Contracts:

3. Conditions of Service: Glaring Disparities and Waste

Salary Inequity

Pay vs. Basic Needs

MK 5.89 Bn

MK 46-50 Bn

Key Recommendations for Conditions:

4. Procurement: A System Riddled with Malfeasance

Common Issues in the Procurement Cycle:

Key Recommendations for Procurement:

5. Restructuring the Public Service: Addressing Foundational Issues

Structural Weaknesses:

Key Recommendations for Restructuring:

Conclusion: A Call for Committed Action

CHILIMA REFORMS: Detailed Summary: Review of Malawi Public Service Systems Report

Bungu Wa Mutharika Commission of Inquiry

Robert Chasowa Commission of Inquiry Report In Full

1.1 Introduction

1.2 Terms of Reference

1.3 Composition of the Commission

1.6 Procedure Adopted

(a) The identity of Robert Chasowa

(b) Friends and Associates

(c) Political activism

(d) Interaction with politicians

(e) Interaction with the Police

(f) Date and time of death

(g) Exact place of death

(h) Cause and nature of death

(i) Results of post-mortem examination

(j) Alleged suicide notes

(k) Conduct of the Polytechnic Administration

(l) Conduct of the Police

(m) Conduct of politicians

(n) Circumstances of death

(o) Identity of possible suspects

1. Malawi Police Service

2. The Malawi Polytechnic Administration

3. Political parties and politicians

Malawi - 100 Reasons Not to Celebrate 'Independence'

Chewas think they made it in life

Maneb Boss Arrest Either Historic or Dangerous

Reality Check: Europeans United a Divided, Imploding Africa

Vishuli Mbunthu – Kwini Nayo Ali Napo Pamsundu

Malawi University of Science and Technology (MUST) 2020/21 Selection List

Malawi is easiest, cheapest place to own a gun - 14 cents and a letter gets you license

Here is the Supreme Court Ruling Upholding the Constitutional Court Ruling that Ordered Fresh Elections in Malawi

Chinese Exploiting Malawian Kids in Racist/Humiliating Videos Sold for Thousands in China