All ToRs for the plane crash investigation

The Commission of Inquiry, established to investigate the plane crash that claimed the lives of Vice President Saulos Chilima and eight others on June 10, 2024, is mandated to conduct its work publicly, according to details seen by Weekend Nation.

However, the Terms of Reference (ToRs) for the committee, of which we have a copy, also allow for private sessions if deemed necessary.

Social and human rights activist Sylvester Namiwa, among those who pressured the government to initiate the investigation, resigned from the commission just two days after taking his oath, citing the decision to keep the investigation behind closed doors instead of publicly.

The chairman of the committee, Justice Jabber Alide of the High Court of Malawi, did not respond to our questions about the reasons behind this resolution.

According to the ToRs, the committee will determine the procedures for obtaining the use of the MAF-TO3 aircraft from the Malawi Air Force.

In addition, it will assess the condition and performance of the MAF-TO3 on the day of the accident and the day before.

The document reads in part: “Retrieve the report of the missing aircraft. When the Malawi Air Force was notified and the course and sequence of events in response were monitored.

“Escalation of the report of the missing aircraft to His Excellency the President, what has been communicated to the President and what directives the President has given.”

A critical aspect of the investigation will be to evaluate the status, conditions, experience and capability of the crew operating the MAF-TO3.

The committee will also examine the aviation protocols followed at both departure and intended destination points.

The team is also tasked with investigating all in-flight communications between the passengers on board the MAF-TO3 and persons on the ground.

The investigation will also cover the search and rescue efforts from their inception until the discovery of the plane wreckage on June 11, 2024.

The committee aims to determine the likely cause of the accident and assess the chances of survival of the crash for all those on board.

In addition, the committee will consider all aspects surrounding the death of Chilima and the other passengers, including the cause of death and the sequence of events leading to the crash.

It says: “The written report will include a series of recommendations on any matter the committee considers appropriate. The report will then be published on the government website after being presented to His Excellency the President.”

President Lazarus Chakwera established the committee last Friday and, in addition to Judge Alide, consists of the following members: Monsignor Patrick Thawale, Pastor Toney Nyirenda, Bishop Mary Nkosi, Dr. Sunduzwayo Madise, Inkosi Ya Makhosi M’mbelwa V, Senior Chief Makwangwala, Justin Mkandawire and Brigadier Cosgrove Mituka (retired), Emma Kaliya, Dixie Kwatani, Professor Nyengo Mkandawire, Allan Chinula SC, Esther Chioko, Nimia Kambiri Mzembe, Lidia Chiotha, Dr . Ruth Mwandira and Mirriam Wemba.

Secretaries of the committee are Chizaso Nyirongo and Paul Chiotcha.

Preliminary findings by German investigators show that the MDF aircraft did not have a cockpit voice recorder (CVR) or flight data recorder, among other things.

According to the US-based National Transportation Safety Board, the CVR records radio transmissions and sounds in the cockpit to facilitate later investigation should an accident or incident occur.

The committee has set the following dates for the hearings: Mzuzu from November 4 to 9, 2024, Blantyre from November 13 to 14, Balaka from November 15 to 16 and Lilongwe from November 18 to 23, 2024.

It is expected to submit a report containing its findings and recommendations to the President by November 30, 2024.

In August, the German Federal Office for Aircraft Accident Investigation released an interim report highlighting several technical shortcomings of the crashed Malawi Defense Force aircraft.