By Linda Kwanjana
The Malawi Congress Party (MCP) has strongly condemned the arrest of its National Director of Legal Affairs, Hon. George Kadzipatike, Member of Parliament for Dowa Kasangadzi Constituency, following the simultaneous search and arrest warrants obtained by the Malawi Revenue Authority (MRA) and the Malawi Police Service.
In a press statement MCP Publicity Secretary Jessie Kabwira says the development raises serious questions about the growing use of criminal investigative powers against opposition leaders, Members of Parliament and legal practitioners who represent clients in matters involving the Government.
According to the party, the timing of the arrest, viewed alongside Kadzipatike’s position as the MCP’s chief legal adviser and his involvement in several high-profile cases against Government officials, creates what it describes as a deeply troubling appearance that the criminal justice system may be being used to intimidate and silence dissent rather than to impartially enforce the law.
The party, however, says it recognises that no individual is above the law.
“Where there is credible evidence of criminal wrongdoing, the law must take its course,” reads the statement.
At the same time, the party argues that the Constitution requires every public authority to exercise its powers lawfully, fairly and rationally, without political influence. Criminal investigations, it says, must never become instruments of harassment, intimidation or political persecution.
The MCP leardership has also raised questions about the circumstances under which the MRA obtained the search and arrest warrants.
The party points to the Tax Administration Act, which grants the Malawi Revenue Authority significant powers to seek search warrants and warrants of arrest where there are reasonable grounds supported by sworn evidence.
“Those powers are intended to preserve evidence and facilitate the administration of justice not to facilitate speculative investigations or fishing expeditions,” the statement further said.
The party says material currently before the courts raises concerns that the search warrant and warrant of arrest may have been sought simultaneously before an objective evidential foundation had been established.
The reported seizure of computers, telephones and confidential legal files from a law firm representing more than 500 clients has also become a major concern for the MCP.
The party says the apparent breadth of the search raises important questions concerning legal professional privilege, client confidentiality and constitutional protection against arbitrary searches.
The MCP argues that Malawians who entrust sensitive and confidential information to legal practitioners should be concerned whenever State authorities seek broad access to privileged communications without clear and legally sufficient justification.
The party says the matter is particularly sensitive because legal practitioners have a professional duty to protect confidential information belonging to their clients, regardless of the political nature of individual cases.
The MCP is further drawing attention to Kadzipatike’s public statement that he had been issued Tax Clearance Certificates by the Malawi Revenue Authority over a number of years and had not previously been notified of any outstanding tax liability before the criminal proceedings were commenced.
The MCP further says it does not seek special treatment for its officials or Members of Parliament. Rather, it says it is demanding that the same constitutional standards and protections applicable to every Malawian be respected by State institutions.
