Chilima's Remark 'If I Die, I Will Die' Was a Vernacular Expression, Inquiry Told

Malawi's parliamentary inquiry into the June 2024 military plane crash that claimed the life of Vice-President Saulos Chilima and eight others has brought to the fore complex legal and evidentiary challenges. A key aspect of the ongoing proceedings involves testimony clarifying a widely discussed remark attributed to the late Vice-President. This article examines the legal framework governing such parliamentary investigations in Malawi, the inherent difficulties in interpreting vernacular expressions and hearsay evidence post-mortem, and the broader implications for accountability and transparency. The inquiry, established to address perceived gaps in previous investigations, underscores the critical role of parliamentary oversight in fact-finding and the need for robust evidentiary standards in high-profile public investigations.

The tragic military plane crash on June 10, 2024, which resulted in the untimely death of Malawi’s Vice-President Saulos Chilima and eight other individuals, has prompted a rigorous parliamentary inquiry. This investigation, initiated amidst widespread public demand for clarity and accountability, seeks to unravel the circumstances surrounding the disaster, particularly after previous probes by a government-appointed commission and German aviation experts were deemed to have left significant questions unanswered.

Central to the parliamentary committee's proceedings has been the testimony of Kelvin Sentala, a close acquaintance of the late Vice-President, who sought to contextualise a remark attributed to Chilima shortly before his death: 'If I die, I will die.' This testimony highlights the intricate evidentiary challenges inherent in such inquiries, especially when dealing with statements made by deceased persons and the nuances of vernacular interpretation. This article delves into the legal underpinnings of parliamentary inquiries in Malawi, analyses the evidentiary hurdles presented by such testimony, and considers the broader implications for legal practice and public governance in the nation.

The legal authority for parliamentary inquiries in Malawi is firmly rooted in the Constitution and specific Acts of Parliament. Section 60(3) of the Constitution of Malawi empowers the National Assembly and its committees to conduct investigations and subpoena the attendance of any person or office holder as required for the prudent exercise of their functions. Further, the National Assembly (Powers and Privileges) Act (Cap. 2:04 of the Laws of Malawi) delineates these powers, granting committees the authority to summon witnesses, demand the production of documents, and treat proceedings as judicial for certain purposes of the Penal Code.

Prior to the current parliamentary probe, President Lazarus Chakwera established a Commission of Inquiry in October 2024, constituted under Malawi's Commissions of Inquiry Act (Cap. 18:01). This commission, chaired by Justice Jabbar Alide, concluded in December 2024 that poor weather was the primary factor in the crash. Concurrently, a technical report from Germany's Federal Bureau of Aircraft Accident Investigation (BFU) also pointed to adverse weather and pilot decision-making. However, public dissatisfaction and concerns over 'gaps and inconsistencies' in these initial findings led to the establishment of the fresh parliamentary inquiry, tasked with revisiting previous conclusions and ensuring a transparent and credible investigation. While the Civil Aviation Act (28 of 2017) governs civil aviation matters and established the Malawi Civil Aviation Authority (MCAA), the military nature of the crashed aircraft means that specific military aviation regulations would also be pertinent to the investigation.

The parliamentary inquiry into the Chilima plane crash operates as a crucial fact-finding mechanism, distinct from a judicial trial but vested with quasi-judicial powers. Its ability to summon witnesses and compel the production of evidence, as outlined in the National Assembly (Powers and Privileges) Act, affords it significant investigative reach. However, the nature of its proceedings also presents unique evidentiary challenges, particularly concerning the interpretation of statements and the treatment of hearsay.

The testimony regarding Vice-President Chilima's remark, 'If I die, I will die,' exemplifies these challenges. As a statement attributed to a deceased person, it inherently carries elements of hearsay. While strict rules of evidence applicable in criminal or civil courts may be relaxed in an inquiry, the committee must still grapple with its probative value and the potential for misinterpretation. Malawian legal interpretation, drawing from English criminal law and statutory interpretation principles, emphasizes considering the context, purpose, and ordinary meaning of utterances. Interpreting a vernacular expression, especially one potentially imbued with cultural or personal fatalism, requires careful contextualisation to ascertain the speaker's true intent, if any, regarding the circumstances of their death.

Furthermore, the inquiry has highlighted significant systemic lapses in the initial response and investigation. The absence of immediate autopsy reports for the victims, including the Vice-President, has been a persistent concern for families and investigators alike. The parliamentary committee's decision to order forensic exhumations and post-mortem examinations, nearly two years after the crash, underscores a critical gap in the initial evidence gathering. This delay complicates the establishment of medical and pathological facts, which are crucial for determining the cause and manner of death and for ruling out other contributory factors such as medical emergencies or pilot incapacitation. The committee's mandate to conduct a Health, Safety, Security and Environmental (HSSE) audit and a forensic audit alongside autopsies reflects an attempt to build a comprehensive evidentiary record, addressing the shortcomings of previous investigations.

The parliamentary inquiry into the tragic death of Vice-President Saulos Chilima is a pivotal moment for accountability and transparency in Malawi. It demonstrates the National Assembly's constitutional role in scrutinising matters of public concern and its capacity to initiate thorough investigations where executive-led processes have fallen short. The challenges encountered, particularly in interpreting post-mortem statements and rectifying initial evidentiary omissions like the absence of autopsies, underscore the complexities inherent in high-stakes public inquiries.

For legal practitioners, this inquiry highlights the evolving landscape of public investigations in Malawi. It reinforces the importance of robust legal frameworks for commissions and parliamentary committees, ensuring they possess adequate powers while adhering to principles of fairness and due process. The eventual findings and recommendations of this committee are anticipated to not only provide closure to the affected families and the nation but also to inform potential legislative reforms aimed at strengthening aviation accident investigation protocols and enhancing the integrity of future public inquiries in Malawi.