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| National |
| Parliamentary committee grill Phoya, Wadi |
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by
Gedion Munthali, 19 January 2005
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11:07:19
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Like in a game of hide and seek, Justice Minister Henry Phoya and Director of Public Prosecutions Ishmael Wadi discretely appeared before the legal affairs committee of Parliament on Tuesday despite Attorney General Ralph Kasambara’s advice against doing so.
According to sources in the committee, Wadi appeared first and the Minister appeared after the DPP had long left, a day after Kasambara had said the committee does not have powers under the Constitution to summon the two.
The committee wanted to meet Phoya and Wadi over their alleged wrangle arising from minister’s claims of the alleged existence of a trio in government that was milking Asian traders and the DPP’s claims about pending corruption cases against the minister.
Phoya confirmed appearing before the committee but denied defying the advice of his Attorney General by his action.
“My decision to appear before the committee should not been seen as an indication that I disagree with the position of the Attorney General on this matter,” said Phoya in an interview on Tuesday evening.
“Section 60 (3) of the Constitution only mandates the National Assembly to summon any public office holder for questioning on issues concerning the prudent exercise of the functions of the National Assembly. And what the committee wanted to find out from me does not fall within that.
“Despite this I still found it necessary to appear before the committee for two main reasons: firstly I once served as chairperson of this committee before I was appointed to cabinet and I hold the committee in very high regard. Secondly it was my considered view that the committee is serving a very important role in our new democratic dispensation, and that as a citizen of this country, I had a duty to make myself available before it,” said Phoya.
But sources in the committee said Phoya was tipped that Wadi, despite Kasambara’s legal position, had appeared before the committee and he had better do so as well. Phoya denied being tipped, insisting he appeared before the committee of his own accord.
The Minister declined to disclose what he discussed with the committee but a source in the committee said Phoya was pressed to name the trio he alleged exists in government busy milking Asians, “but he chose not to name it”.
Several calls on Wadi’s cell phone went unanswered but a source said Wadi was grilled on his turn around within hours of alleging that Phoya was facing a number of corruption cases ready for trial.
Wadi, according to the source, told the committee that investigations, among them into how Phoya’s company secured a tender with the Malawi Electoral Commission, did not yield any hint of corruption.
Kasambara could not be reached for comment on Tuesday’s developments.
Phoya declined to comment when asked on Monday if he would attend the inquiry at the Cresta Crossroads Hotel in Lilongwe on Tuesday.
“No comment. That’s my response,” said Phoya. “Speak to either the Attorney General or the Solicitor General; they are handling that issue.”
Solicitor General Steve Matenje said the committee was not clear what is was looking for.
The committee also wanted the duo to explain why President Bingu wa Mutharika pardoned three treason suspects before they were convicted by a court of law.
Mutharika pardoned deputy Transport Minister Roy Commsy, UDF’s returned prodigal son Harry Thomson and Mangochi Northeast MP Alfred Mwechumu who were reportedly found with loaded firearms at the gates of the Sanjika Palace in Blantyre.
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