By Burnett Munthali
In a recent Facebook post, lawyer Alexius Kamangila has strongly criticized the influence of President Lazarus Chakwera on the independence of a newly appointed commission, echoing the sentiments of Justice Dunstain Mwaungulu SC (Retired). According to Kamangila, the commissioners, though officially appointed, are unable to fulfill their fiduciary duties due to the alleged predetermined nature of their findings, which he claims were influenced by the President himself.
Kamangila referenced Mwaungulu’s argument, stating: “The Commissioners, though duly appointed, cannot carry out the fiduciary obligations when the findings of the Commission are predetermined by no other than the President who has appointed the Commissioners.” This statement raises serious questions about the autonomy of governmental commissions in Malawi, particularly when tasked with investigating matters of national importance.
Kamangila further questioned the President’s advisors, asking, “Who is advising Dr. Chakwera, and who wrote his speech?” He criticized these individuals for allegedly leading the President into undermining the commission’s independence in such a public and explicit manner. This, he argues, is a significant breach of protocol and potentially detrimental to democratic principles, as it threatens to erode the credibility of institutions that are supposed to remain impartial.
The issue Kamangila highlighted touches on a fundamental aspect of governance—the separation of powers and the independence of commissions and institutions tasked with public investigations. Interference from the executive branch can compromise the integrity of findings, fueling public distrust and undermining efforts to ensure accountability and justice.
Kamangila’s remarks have sparked discussions across social media and among political analysts, with many echoing his concerns and calling for clarity on how commissions are constituted and influenced by the executive. The development has fueled a debate on governance in Malawi, with calls for greater transparency and protection of institutional independence.
This situation is yet another test of Malawi’s commitment to the rule of law and democracy. The public will be closely watching how the administration responds to these critiques and whether it will address the growing concerns over the autonomy of commissions that are meant to serve the public interest without undue influence.
