The commission of inquiry set up 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 proceedings in public, according to details seen by the Weekend Nation.

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

Social rights and human rights campaigner Sylvester Namiwa, who was among those who pressured the government to set up the inquiry, resigned from the commission just two days after being sworn in, citing the decision to hold the inquiry behind closed doors and not publicly.

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

According to the terms of reference, the commission will establish the procedures for procuring 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 previous day.

The document reads in part: “Establish notification of missing aircraft. When the Malawi Air Force was informed and the course and order of events was taken in response.

“Escalation of missing aircraft notification to His Excellency the President, what was communicated to the President and what directives the President gave.”

A critical aspect of the investigation will be the assessment of the condition, conditions, experience and capability of the crew operating MAF-TO3.

The commission will also look at the aviation protocols followed at both points of departure and destination.

The team is also tasked with investigating any communications between passengers aboard MAF-TO3 and individuals on the ground during the flight.

The inquiry will also cover the search and rescue efforts from the beginning until the discovery of the wreckage on June 11, 2024.

The Commission aims to determine the probable cause of the accident and assess the survivability of the accident for all persons on board.

In addition, the commission will consider all aspects of the death of Chilima and the other passengers, including the cause of death and the sequence of events leading up to the accident.

It says: “The report, in writing, will include a set of recommendations on any matter the committee considers appropriate. The report will then be published on the government website after it has been presented to His Excellency the President.”

President Lazarus Chakwera established the commission last Friday and besides Justice Alide, it has the following members: Monsignor Patrick Thawale, Pastor Toney Nyirenda, Bishop Mary Nkosi, Dr. Sunduzwayo Madise, Inkosi Ya Makhosi M’mbelwa V, Principal 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.

The secretaries of the commission are Chizaso Nyirongo and Paul Chiotcha.

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

According to the National Transportation Safety Board in the United States, CVR records radio transmissions and sounds in the cockpit to aid further investigations if an accident or incident occurs.

The Commission has set the following hearing dates: Mzuzu from 4-9 November 2024, Blantyre 13-14 November, Balaka 15-16 November and Lilongwe 18-23 November 2024.

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

In August, Germany’s Federal Office for Aircraft Accident Investigation released an interim report that highlighted several technical deficiencies in the crashed Malawi Defense Force aircraft.