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| National |
| Bingu removes govt top brass |
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by
Mc Donald Chapalapata, 13 July 2004
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12:34:45
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Controversy surrounds the removal of the Director of Public Prosecutions (DPP) Fahad Assani by President Bingu wa Mutharika on Monday with government saying the prosecutor’s time is up while he maintains his contract will expire on December 31, 2005.
A statement from State House signed by chief of staff Ken Zikhale Ng’oma released on Monday said Assani and Army Commander General Joseph Chimbayo were replaced because their contracts expired. It did not indicate when the contracts exactly expired.
But Assani said yesterday it is not true that his contract expired.
“I signed a five-year contract on January 7, 2000 and to my knowledge it is supposed to expire on December 31, 2005. The Constitution provides for a five-year contract of the DPP and I also signed a five year contract with the department of human resources,” said Assani.
Assani said he is yet to get official communication on the matter, adding that he heard about the news of his removal on the radio on Monday.
According to the Constitution, a DPP is appointed by the President and confirmed by the Public Appointments Committee of Parliament which is yet to meet.
He also refuted reports that he is going to stand as a parliamentary candidate for the UDF in Nkhotakota South constituency which fell vacant following the election of Cassim Chilumpha as vice president.
“It has never occurred to me to become a politician. I don’t have any political ambitions,” said Assani.
Assani has been replaced with Ishmael Wadi, 32, who comes from Phalombe and has been a lawyer in private practice since graduating from the University of Malawi about four years ago. Wadi said on Monday he has been in active litigation and is ready to take up the challenge.
Chimbayo confirmed in a separate interview on Monday that “indeed my contract expired last month”.
Lieutenant General Marko Chiziko, who hails from Ntchisi and deputised Chimbayo is the new Army Commander, the statement said.
The statement also said the posts of the Secretary to the President and Cabinet (SPC) and two deputies have been abolished.
Instead Mutharika has appointed Bright Msaka, who hails from Machinga and was acting SPC as Chief Secretary for the President and Cabinet.
Former secretary for Agriculture Charles Matabwa who also comes from the president’s home district of Thyolo, occupies the new post of Chief Secretary for the Civil Service.
Asked on Assani’s contract, Ng’oma said in an interview last evening that they are following what the Constitution says about the DPP’s contract.
But quizzed further that Assani signed his five year contract in 2000 and that the five years have not yet expired, Ng’oma said what they know is that Assani has, in fact served for more than five years as DPP.
“He came in as DPP replacing Kamudoni Nyasulu in 1998 and if he signed another five year contract in 2000, then that was against the Constitution because the contract of the DPP is for five years. You should know that this is a new president and he has to make new appointments,” said Ng’oma.
Ng’oma said Chimbayo’s contract expired on January 15 this year.
On the new posts of Chief Secretary for the President and Cabinet and Chief Secretary for the Civil Service, Ng’oma said government decided to split the duties of SPC because of the vast nature of the institution.
“If we had to appoint an SPC, we were supposed to appoint two deputies but with this new development, we have reduced costs. The two new posts are on the same level,” said Ng’oma.
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