Chimwendo's Delegation and Ngutwa's Testimony Raise Fresh Questions in Crash Probe

Malawi's Ad Hoc Committee, established to probe the June 2024 military plane crash that claimed the life of Vice-President Saulos Chilima and eight others, has received critical testimony from former Clerk to the Cabinet, Samson Ngutwa. Ngutwa's account details a significant shift in presidential delegation for a funeral, initially assigned to Minister Richard Chimwendo Banda, which subsequently transferred to Vice-President Chilima, contingent upon the availability of a Malawi Defence Force (MDF) aircraft. This revelation introduces fresh questions regarding the formal planning processes, the management of high-ranking officials' travel, and the chain of command, intensifying scrutiny on the circumstances leading to the tragic incident.

Malawi is currently gripped by a renewed quest for answers surrounding the tragic June 2024 military plane crash that resulted in the untimely death of Vice-President Saulos Chilima and eight other individuals. A parliamentary Ad Hoc Committee has been established to conduct a fresh inquiry into the disaster, marking the third such investigation following earlier probes by a government-appointed commission and German aviation experts. These prior investigations, while concluding pilot error as a primary factor, were criticised for leaving "gaps and inconsistencies" and "unanswered questions," prompting the need for a more comprehensive and transparent review.

The latest development in this ongoing inquiry comes from the testimony of Samson Ngutwa, the former Clerk to the Cabinet, which has significantly sharpened the scrutiny of the decisions surrounding the Vice-President's final movements. Ngutwa's account, detailing a change in delegation plans and specific logistical conditions for the Vice-President's travel, introduces new complexities to the narrative. This article will delve into the legal and procedural implications of this testimony, arguing that it highlights potential systemic issues in government protocols, the exercise of delegated authority, and the imperative for robust accountability mechanisms within Malawi's executive and military structures.

The legal framework governing inquiries in Malawi provides for both presidential commissions and parliamentary committees. Under the Commissions of Inquiry Act (Cap. 18:01), the President is empowered to appoint commissions to investigate matters of public concern, granting them powers to summon witnesses and demand documents. Similarly, Parliament can establish ad hoc committees for specific issues, deriving their mandates from the Constitution of the Republic of Malawi, the National Assembly (Powers and Privileges) Act (Cap 2:04), and the Standing Orders of Parliament. These committees possess the authority to summon individuals to give evidence and require the production of relevant documents.

Regarding the delegation of authority, Section 89(6) of the Constitution of Malawi explicitly states that the powers and functions of the President "shall be exercised by him or her personally or by a member of the Cabinet or by a government official to whom the President has delegated such power in writing." While this provision grants the President broad legal authority to delegate, legal scholars have raised concerns that the consistent bypassing of the Vice-President in favour of Cabinet ministers, despite Section 79 stipulating the Vice-President's role to assist the President and exercise conferred powers, raises serious moral and governance questions. The rules of evidence in such inquiries are generally guided by principles found in the Criminal Procedure and Evidence Code (Act No. 36 of 1967), which addresses admissibility, relevancy, and witness testimony, supplemented by the Evidence by Commissions Act (1967) for the examination of witnesses and production of documents in commissions of inquiry.

The June 10, 2024, crash of a Malawi Defence Force Dornier 228 aircraft, carrying Vice-President Saulos Chilima and eight others from Lilongwe to Mzuzu, prompted immediate investigations. A government-appointed Commission of Inquiry, chaired by Justice Jabbar Alide, concluded in December 2024 that pilot error, combined with adverse weather conditions and decision-making under pressure, were key contributors. A separate technical report by Germany's Federal Bureau of Aircraft Accident Investigation (BFU) reached similar conclusions. However, persistent public dissatisfaction and concerns over "gaps and inconsistencies" in these earlier findings led to the establishment of the current parliamentary Ad Hoc Committee in March 2026, tasked with conducting a fresh and more expansive inquiry.

The recent testimony by Samson Ngutwa before the parliamentary Ad Hoc Committee has introduced a critical new dimension to the crash probe, focusing on the sequence of decisions regarding Vice-President Chilima's travel. Ngutwa, who served as Clerk to the Cabinet and is now Principal Secretary for Monitoring and Evaluation, informed Members of Parliament that President Lazarus Chakwera had initially delegated Minister of Local Government, Unity and Culture, Richard Chimwendo Banda, to represent him at the funeral of former Attorney General Ralph Kasambara. Chimwendo Banda is a prominent political figure, also serving as Leader of Government Business in Parliament.

However, Ngutwa's testimony revealed that this initial arrangement changed. He stated that then-Secretary to the President and Cabinet, Colleen Zamba, contacted him on the evening of June 9, 2024, indicating that if Vice-President Chilima were to attend the funeral, the earlier plan for a Cabinet minister to represent the President would no longer apply. Crucially, Ngutwa further testified that Chilima's attendance was made conditional on securing an aircraft from the Malawi Defence Force (MDF). This condition, according to Ngutwa, "appears to have emerged outside the formal planning process," raising significant questions about the adherence to established protocols for high-level government travel and the chain of command.

While Section 89(6) of the Constitution grants the President broad authority to delegate powers to a Cabinet member or other government official, the *manner* in which this delegation shifted and the *conditions* imposed on the Vice-President's travel are now under intense scrutiny. The committee is tasked with determining whether this logistical requirement for an MDF aircraft was routine, an improvisation, or indicative of a broader pattern in how the Vice-President's travel was managed. This line of inquiry points to potential "systemic lapses in Malawi's chain of responsibility" and broader questions concerning "aviation oversight, aircraft maintenance records and forensic evidence," which previous investigations were criticised for not fully addressing.

Furthermore, the parliamentary committee's decision to exhume the remains of all nine victims for post-mortem examinations, which were not conducted immediately after the crash, underscores the gravity of the perceived gaps in earlier investigations. International aviation investigation practices generally require prompt post-mortem examinations to determine potential medical or toxicological factors affecting pilots. The absence of such initial forensic analysis, coupled with Ngutwa's testimony, suggests a need for a thorough re-evaluation of all factors contributing to the disaster, including institutional accountability and adherence to both constitutional and operational procedures.

The ongoing parliamentary inquiry into the June 2024 military plane crash, particularly in light of Samson Ngutwa's testimony, serves as a critical examination of governance and accountability in Malawi. For legal practitioners, this development underscores the paramount importance of clear, documented, and consistently applied protocols for official travel, especially for high-ranking government officials. Advising public bodies necessitates an emphasis on strict adherence to constitutional provisions on delegation, the establishment of robust internal procedures, and meticulous record-keeping to ensure transparency and accountability in all government operations. The revelations highlight the potential legal ramifications of deviations from established norms and the necessity of comprehensive evidentiary bases in official inquiries.

Looking ahead, the Ad Hoc Committee's final report, anticipated within 90 days, will be a pivotal document. It is expected to address the implications of Ngutwa's testimony regarding the delegation shift and the conditions surrounding Vice-President Chilima's travel, potentially leading to significant recommendations for reforms in military aviation procedures, safety protocols, disaster response mechanisms, and executive delegation practices. Legal professionals should closely monitor the committee's findings, as they are likely to provide invaluable insights into the state of governance and the rule of law in Malawi, potentially influencing future legislative and policy reforms aimed at preventing similar tragedies and strengthening institutional integrity.