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United Kingdom-based International Bar Association (IBA) and the International Association of Prosecutors has put its weight behind fired DPP Fahad Assani, saying his removal from office has implications on the rule of law in Malawi and the independence of the prosecution process.
Assani was replaced by Ishmael Wadi on July 12 without being told the reasons behind his replacement.
A statement issued on July 22 from London said Assani should have been provided with reasons for his dismissal or that he should have been given the opportunity to respond.
“The DPP plays a fundamental role in ensuring that prosecutions are carried out free from political interference and that prosecution decisions are independently made, thereby playing a fundamental role in ensuring the rule of law,” said the statement.
It said unlike other positions in the executive, the DPP is constitutionally required to pursue his functions independently.
“The DPP does not serve at the pleasure of the President and can only be removed for the reasons specified in the Constitution. Basic norms of procedural fairness and the rule of law require that the reason for removal be specified and that the DPP be provided with an opportunity to be heard and to comply with the terms of his appointment,” said the statement.
And the executive director of IBA Mark Ellis is quoted in the statement as saying international and regional standards are clear in protecting the impartiality of the prosecution service and in protecting it from political interference and that “they explicitly require that due process standards be observed in any disciplinary or removal procedures”.
“The removal of the DPP in this manner taints the position and gives the impression that the DPP is a political appointment and serves at the discretion of the government of the day. This is a dramatic politicisation of the position,” Ellis is quoted as saying.
And IAP president Nicholas Cowdery is reported to have said that the office of DPP is protected by the Constitution for sound reasons and that “political influence in the holding of that office or the way in which it functions are carried out is prohibited”.
Cowdery called on President Bingu wa Mutharika to inform Assani why he was fired.
Assani has since sued government for exemplary damages for his dismissal 17 months before the expiration of his term of office. Information, Communications and Tourism minister Ken Lipenga said last week the President was not obliged to cite the reasons for removing Assani.
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