Former Secretary to the President and Cabinet (SPC) Colleen Zamba has again refused to appear before Malawi’s Public Accounts Committee (PAC), deepening concerns over her resistance to parliamentary scrutiny. This marks the third time Zamba has declined a PAC summons, each instance accompanied by legal or procedural objections that critics argue are eroding the committee’s authority. The latest refusal comes amid an ongoing inquiry into the controversial purchase of the Amaryllis Hotel by the Public Service Pensions Trust Fund (PSPTF), a transaction Zamba is alleged to have influenced despite prior board reservations.
Zamba’s lawyer, George Kadzipatike, told the Clerk of Parliament that she cannot testify given that she is a party to a court case related to the same matter and is currently receiving medical treatment outside Malawi. Still, the letter went further, asserting that even if she were present in the country, she would still not appear, citing the sub judice rule—a legal principle that restricts public commentary on matters under active judicial consideration. The stance has drawn sharp criticism from lawmakers, with some privately questioning whether Zamba believes herself beyond the reach of legislative oversight.
This is not the first time Zamba has taken such a position. In 2022, during investigations into fuel procurement by the National Oil Company of Malawi (NOCMA), she refused to appear before PAC after then-acting CEO Hellen Buluma accused her of pressuring the award of contracts under questionable circumstances. At that time, Zamba relied on advice from the Attorney General to avoid testifying, a position publicly challenged by the Malawi Law Society. PAC Chairperson Steve Malondera confirmed that the committee will proceed with hearings despite her absence, signaling growing frustration within the oversight body.
Background on the Amaryllis Hotel Purchase Inquiry
The PAC’s current investigation centers on the PSPTF’s acquisition of the Amaryllis Hotel in Lilongwe, a deal that proceeded rapidly despite an earlier board resolution to halt the transaction. According to testimony from George Jim, the suspended Principal Officer for the PSPTF, Zamba forced the fund to fast-track the purchase within a month, overriding internal objections. Jim told the committee that the purchase was made despite concerns over valuation and due diligence, raising questions about procedural integrity and potential conflicts of interest.
The PSPTF, established under the Public Service Pensions Act, manages retirement benefits for Malawi’s civil servants. Its investments are subject to fiduciary duties and oversight requirements designed to protect members’ funds. The Amaryllis Hotel transaction has become a focal point for scrutiny because of the speed of execution, the source of funding, and allegations that proper governance protocols were bypassed. No official valuation report or tender process has been publicly confirmed as part of the record in available sources.
Legal and Procedural Arguments Raised by Zamba’s Legal Team
Zamba’s refusal to appear is grounded in two primary arguments: her alleged involvement in ongoing litigation related to the Amaryllis Hotel deal and her current medical treatment abroad. Her lawyer invoked the sub judice rule, which in Malawian legal practice can limit extrajudicial statements when a matter is before the courts, to argue that testimony before PAC would prejudice legal proceedings. However, parliamentary committees in Malawi operate under constitutional oversight mandates, and legal experts have debated whether such a defense fully absolves a witness from appearing when summoned.
The Malawi Constitution grants Parliament the power to summon any person to give evidence or produce documents for the purpose of inquiry or legislation. While courts have occasionally restrained parliamentary committees from delving into active litigation, the threshold for invoking sub judice as a blanket barrier to testimony remains legally nuanced. No court order specifically barring Zamba from appearing before PAC has been cited in the correspondence shared with parliamentary officials.
Zamba’s claim of receiving medical treatment outside Malawi has not been independently verified through official medical or immigration records accessible to the committee. PAC has not requested or received corroborating documentation such as a medical certificate or travel authorization to substantiate the assertion, leaving the claim reliant on her legal representation.
Pattern of Resistance to Parliamentary Oversight
Zamba’s repeated refusals to appear before PAC have prompted concern among governance advocates and legislators about a broader trend of non-cooperation with oversight mechanisms. Her 2022 defiance during the NOCMA fuel procurement inquiry followed a similar pattern: legal advice was cited to justify absence, and the Malawi Law Society publicly countered that such advice did not override constitutional duties to assist parliamentary investigations. At the time, analysts noted that repeated use of procedural objections could undermine the effectiveness of accountability institutions.
The current situation has led some members of Parliament to question whether Zamba views herself as exempt from accountability. While no direct quote from a lawmaker stating this exact sentiment appears in verified sources, multiple reports indicate private expressions of concern within parliamentary circles about the implications of sustained non-appearance. PAC Chairperson Steve Malondera has acknowledged that patience is wearing thin but affirmed the committee’s commitment to continuing its work.
Institutional Responses and Next Steps
Despite Zamba’s absence, the PAC has indicated it will proceed with hearings, relying on available testimony and documentation. The committee has the authority to cite individuals for contempt if they unjustifiably refuse to appear, though such measures are rarely invoked and require a formal resolution. No contempt proceedings have been initiated against Zamba to date, and the PAC has not announced plans to pursue them.
The inquiry into the Amaryllis Hotel purchase remains active, with the PSPTF’s governance and decision-making processes under review. Stakeholders including pension beneficiaries, civil society groups, and international partners monitoring public financial management in Malawi have expressed interest in the outcome. Official updates on the investigation are expected to come from PAC hearings, parliamentary reports, or potential referrals to other oversight bodies such as the Anti-Corruption Bureau or the Auditor General’s office.
As of the latest verified information, no new summons date has been publicly confirmed for Zamba’s appearance before PAC. The committee’s schedule and any future actions will depend on internal deliberations and the evolving status of related legal matters. For real-time updates on parliamentary proceedings, the official Parliament of Malawi website provides access to hearing schedules, committee reports, and public statements.
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