Legal heavyweight says accountability must go beyond inquiry reports and include charges against officials responsible for critical decisions.
By Out Reporter
Lilongwe — Retired High Court Judge Dunstain Mwaungulu has called for the criminal prosecution of senior military and government officials over the plane crash that killed former Vice President Dr. Saulos Klaus Chilima and eight others, saying Malawi must not reduce the national tragedy to “a mere accident report” without identifying individuals whose decisions may have amounted to criminal negligence.
Speaking in his legal commentary shared publicly, Mwaungulu said the country’s Commission of Inquiry and subsequent reports have failed to address the most important legal question — individual culpability. He stressed that while investigations may outline causes, they do not replace criminal investigations or prosecutorial action where evidence suggests misconduct.
“The State had a duty of care when transporting a sitting Vice President. The chain of command, decision-making protocols, clearance processes, aircraft condition, and weather assessment must all be examined not only technically, but criminally,” he argued.
Mwaungulu questioned whether those entrusted with civilian and national security oversight ignored warnings, approved an unsuitable aircraft, or failed to follow standard aviation risk protocols. He warned that if negligence is proven, it cannot be excused under the banner of “national tragedy.”
The retired judge also criticised what he described as institutional self-protection, suggesting that commissions staffed or influenced by state systems may be reluctant to implicate officials from within the same structures they serve.
His remarks come as family members, political leaders, and sections of civil society continue to demand full disclosure, transparency, and justice, arguing that the loss of a serving Vice President must trigger legal consequences if errors were avoidable.
Public pressure intensified after technical findings and parliamentary debates failed to settle public suspicion, with growing calls for an independent, non-government-controlled judicial probe. Opposition voices are now calling for involvement of international aviation and legal institutions.
At the time of writing, no arrests or criminal charges have been initiated against any official in connection to the crash, and the government has maintained that investigations are still ongoing.
For many Malawians, Judge Mwaungulu’s position gives renewed momentum to a campaign that insists accountability must not end with a report but with justice — and where justified, prosecution.
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