The Malawi Human Rights Commission (MHRC) has quashed social media reports indicating that the body has suspended investigation into the alleged arrest of Anti-Corruption Bureau (ACB) Director General Martha Chizuma.
MHRC Executive Secretary Habiba Osman said the Commission has only pended the investigation waiting for the other seven commissioners of the Commission to be appointed by the President to have a full quorum as provided in an Act of Parliament.
According to Osman, the Secretariat has no powers to suspend an investigation because the law to institute an investigation is solely in hands of the policy makers who are the commissioners. “Pending is not suspending.
“These are two different terms in law and facts and someone must be able to draw the distinction between the two easily without searching in the dictionary,” said Osman.
Currently, the Commission has only two commissioners namely ombudsman Grace Malera and Law Commissioner Rosemary Kanyuka by virtue of their offices as provided for 131(1, a,b) of the Constitution that defines the composition of the Commission.
According to the constitution as provided for in sections 129 and 130, the commission is established to primarily to protect and investigate human rights violations and that it have powers to institute investigations by its own or by being asked by the people into the alleged matter.
