Bakili Muluzi: The Corrupt Baron

No immunity for Muluzi, says Attorney General
by Mc Donald Chapalapata, 30 August 2004 - 12:28:28

Former president Bakili Muluzi enjoys no immunity for any wrongful acts he might have committed during his 10 year tenure of office, Attorney General Ralph Kasambara has said.

Kasambara said in an interview at the weekend he was surprised that non-governmental organisations (NGOs) want to take the matter of immunity to Parliament. “I was so surprised to read in the press that NGOs want to move a motion in Parliament to remove immunity of the former president. What they should know is that Muluzi enjoys no immunity at all,” said Kasambara who was only appointed Attorney General last week.

He said if Muluzi committed any wrongful acts during his tenure, it cannot be said he committed those acts in his official capacity. “If for example, the former president stole or gave himself contracts, we cannot say that he is immune because he committed those offences in his official capacity. So as far as I am concerned, there is no immunity for the former president,” said Kasambara.

Malawi Law Society (MLS) secretary Linda Ziyendam’manja said last week, Muluzi can be sued for all actions he committed while in office in his personal capacity but is not liable for prosecution for what he did in his official capacity. Section 91(3) of the Constitution provides that a former president may not be personally liable for acts done in his official capacity during his or tenure but shall not otherwise be immune.

Asked if government is investigating the former head of state, Director of Public Prosecutions (DPP) Ishmael Wadi said there is no probe on the former head of state.
He, however, said if there was to be an investigation on the former president, matters of immunity would not rise because an investigation seeks to find information. “But I am of the view that there is no immunity for the former president according to the constitutional provisions,” said Wadi.

Coordinator of the project to remove Muluzi’s immunity Ollen Mwalubunju said last week the civil society is consulting within and outside the country on how best the issue can be handled.

	No immunity for Muluzi, says Attorney General by Mc Donald Chapalapata, 30 August 2004 - 12:28:28 Former president Bakili Muluzi enjoys no immunity for any wrongful acts he might have committed during his 10 year tenure of office, Attorney General Ralph Kasambara has said. Kasambara said in an interview at the weekend he was surprised that non-governmental organisations (NGOs) want to take the matter of immunity to Parliament. “I was so surprised to read in the press that NGOs want to move a motion in Parliament to remove immunity of the former president. What they should know is that Muluzi enjoys no immunity at all,” said Kasambara who was only appointed Attorney General last week. He said if Muluzi committed any wrongful acts during his tenure, it cannot be said he committed those acts in his official capacity. “If for example, the former president stole or gave himself contracts, we cannot say that he is immune because he committed those offences in his official capacity. So as far as I am concerned, there is no immunity for the former president,” said Kasambara. Malawi Law Society (MLS) secretary Linda Ziyendam’manja said last week, Muluzi can be sued for all actions he committed while in office in his personal capacity but is not liable for prosecution for what he did in his official capacity. Section 91(3) of the Constitution provides that a former president may not be personally liable for acts done in his official capacity during his or tenure but shall not otherwise be immune. Asked if government is investigating the former head of state, Director of Public Prosecutions (DPP) Ishmael Wadi said there is no probe on the former head of state. He, however, said if there was to be an investigation on the former president, matters of immunity would not rise because an investigation seeks to find information. “But I am of the view that there is no immunity for the former president according to the constitutional provisions,” said Wadi. Coordinator of the project to remove Muluzi’s immunity Ollen Mwalubunju said last week the civil society is consulting within and outside the country on how best the issue can be handled.