Hellen Buluma, the embattled NOCMA Acting CEO and a Democratic Progressiclve Party (DPP) National Governing Council Member recorded Former Minister of Energy Newton Kambala, Former Presidential Chief Advisor Chris Chaima Banda in official meetings she separately had with them using a phone without their consent which is against the laws of this country.
The constitution of the Republic is clear that it is illegal to record or wire tap someone without their consent.
If you find it necessary to do this, them you have to seek a court order after you furnish the court with sufficient reasons for the court to waive the liberties enshrined in the constitution. Only then can you be allowed to do a recording without consent.
Their Lawyer have contended in court yesterday that for the safeguard of the constitution of this country, those illegal and unlawful recording should not be allowed in court and it this case. They cited the relevant sections of the Constitution and a number of cases that have agreed with their arguments within and outside Malawi.
Whoever sent Buluma to do this illegal act, they have put her in serious trouble.
It should be put on record that the first recording of Chaima Banda took place at his Kang’ombe office which is clearly marked as State Residences. These are protected offices under the Presidential privileges that recording someone there illegally is a serious and treasonous crime.
Those who sent Buluma either did not know this or they were intentionally setting her into trouble.
Today Judge Patrick Chirwa will determine on these recording whether they should still be admitted or be thrown out of the case for their illegality. The dilemma he faces is that if he admits them, then he will be changing the laws in court that the Constitution is not important, that Buluma is above the constitutional superimacy of this land and she can break them as she wishes.
This is a D-Day for the integrity of our constitutional Republic that our forefathers founded and bequeathed and to us as a generation. It is a test for what we will pass on to future generations of this country.