Legal commentator Justin Dzonzi has tipped newly appointed Supreme Court of Appeal and High Court Judges to treat all cases before them as important rather than prioritizing others.

President Lazarus Chakwera has appointed four Justices of Appeal and 12 High Court Judges to relieve the high vacancy rate in the judiciary that has resulted in a backlog of cases and subsequent denial of justice to many.

For a long time, critics have been calling for the expedition of various fraud and corruption cases that have stalled at the courts.

Some have attributed such incidences to political environment offered by past regimes.

With Tonse Alliance, Malawians are expecting to see courts and other public departments work independently.

Magistrate Harry Ngulube who was arrested by Anti-Corruption Bereau (ACB) two days ago in Mitundu, has been granted bail.

ACB spokesperson Egrita Ndala said the suspect who is third-grade magistrate for Chiseka court in Mitundu Lilongwe was yesterday ordered to pay K50,000, surrender travel documents and has to report to ACB every fortnight.

Lawyers in Malawi have petitioned the President of Malawi Society to call for an extra-ordinary meeting where they will ask him to RESIGN and step down as their leader together with Secretary of Malawi Law Society, Martha Kaukonde and Vice President of Malawi Law Society, Patrick Mpaka for failure to run affairs of the Law Society.

Lawyers are asking Mhango and his team to resign for-

1. Failure to defend and promote local lawyers by encouraging MEC to hire South Africa Lawyers to represent MEC in the Constitutional Case while there are many capable lawyers in Malawi

2. Failure to properly represent lawyers as Malawi Law Society as Friends of the Court in the Constitutional Case. The Law Society completely failed to offer proper advice to the Court and Mhango and his team have failed to produce a report.

3. Undermining Women Lawyers Association

4. Failure by Malawi Law Society to offer legal advice to Malawians on critical issues affecting the country especially matters affecting the weak and the vulnerable.

5. The leadership of the Law Society losing trust from Members of Malawi Law Society as Lawyers in Malawi.

Counsel Burton Mhango is a blood brother to former Attorney General Charles Mhango,who is among the leading legal counsel for Prof Arthur Peter Mutharika in the on-going appeal case at Supreme Court and he is also among the senior officials in the governing Democratic Progressive Party

The Lilongwe Magistrate court yesterday adjourned hearing of a case involving the controversial prophet Chimwemwe Seer Sabao and a colleague on account of forgery, altering false documents and theft to Monday.

Another accomplice has been withdrawn from the case.

The state on Wednesday paraded four witnesses with one remaining due to time limitation.

Prophet Sabao and his accomplices Alinafe Katumba, and Nomsa Plen are answering charges bordering on forgery, altering false documents and theft of K 3,350,000.

Prophet Sabao denied the allegations that he has been forging signatures from cheques of his mother in law Gladys Masina who owns Glary Enterprise and General dealers.

State prosecutor and assistant superintended Isaac Kadawayula said Garnet Alinafe Katumba has been withdrawn as an accuser and is a state witness.

“We have seen that he has crucial evidence that will assist the state because of the role that he played in cashing the money from the bank. I had paraded five witnesses but the fact that other witnesses statements were not saved in time as such the other witness will come on Monday,” said Kadawayula.

 Prophet Sabao is a founder of Angelic Gathering for Christ Church.

President for the main opposition Malawi Congress Party (MCP) Dr. Lazarus Chakwera, is today start testifying in support of his application a case in which MCP and UTM parties are disputing the outcome of the May 21 Presidential election.

Chakwera who is the second petitioner in the case will be responding to lawyers for the first respondent, President Peter Mutharika and the second respondent, the Malawi Electoral Commission (MEC) on issues that are in his sown statements.

Chakwera’s appearance comes after the first petitioner, Dr. Saulosi Chilima, and his three witnesses finished giving their evidence in the same court.

On September 12, UTM lawyer, Chikosa Silungwe, announced that his side had decided to parade only four witnesses instead of the expected 38, citing that they want to expedite the case.

The four include Saulos Chilima, Mirriam Gwalidi, Darlington Ndasauka and Bright Kawaga who testified that no originals but rather duplicates, fake sheets and a correction fluid branded tippex were used in the elections and that in some instances presiding officers did not sign for results sheets or log books.

Lawyers for Chakwera are expected to parade 19 witnesses to prove their case.

On the other hand president Mutharika’s lawyers have said that they will parade 42 witnesses.

MCP and UTM parties are contesting that Mutharika won a fraudulent election citing the use of tippex, fake results sheets, intimidation of party monitors, among other irregularities.

YFM

Public Appointments Committee (PAC) is expected to summon Malawi Electoral Commission Jane Ansah within the next 10 days to question her on the allegations being made by Human Rights Defenders Coalition (HRDC) that she presided over a fraudulent election in May.

HRDC has called for Ansah to be fired and PAC summoned them to find out what their claims against the MEC chair are.

PAC as the appointing committee is mandated to recommend the firing of an officer deemed incompetent to President Peter Mutharika who is the appointing authority.

Mutharika told British Broadcasting Cooperation (BBC) that he can not succumb to pressure to fire Ansah because he does not see any wrong doing in the way she handled the results which made him president.

PAC will investigate the claims made by HRDC in three days and has seven days to get Ansah to Parliament to defend herself.

Since the political debacle started Ansah has remained adamant and exercised her right to remain silent as the matter is in the Constitutional Court.

UTM and Malawi Congress Party are challenging the outcome of the results.

PAC Chairperson Collins Kajawa said the meeting with HRDC showed them there are contentious issues that need to be investigated but they want to uphold protocol.

However, there could be an obstacle to expedite the process of summoning Ansah as Parliament will be meeting to pass the 2019/2020 budget.

The High Court in Blantyre has set a September 6 date to resume hearing of a murder case of MacDonald Masambuka, a young man with albinism in Machinga last year.

Suspended Catholic Priest Thomas Muhosha, clinician Lumbani Kamanga, a police officer Chikondi Chileka and biological brother to the deceased, Kasim Masambuka are among the 12 people who are answering charges in relation to the killing of Masambuka.

High Court and Supreme Court Registrar, Agnes Patemba has confirmed the development saying the case will come on September 6 for directions on how the case will move.

Patemba said all the concerned parties including the state and the defense have been given up to August 30 to submit all the details concerning the case.

New judge for the case, Nyakawunda Kamanga says all is set for the case to commence on September 6, 2019 in Blantyre.

In May this year, High Court Judge Zione Mtaba recused herself from proceeding with the case due to conflict of interest.

This was in reaction to the mentioning of her uncle’s name, Dr. Hetherwick Mtaba as a suspect in the death of prime suspect in the case, Alfred Yohane.

Late Masambuka, went missing on March 9, 2018 at his home in Machinga only to be found dead days later with some of his parts removed and part of his body burnt.

The Election case will start on 8th August,while it will be in session, million protesters will be outside marching for their right.

Mtambo says this week they won’t take it to the streets but they will work on strategising for massive demonstrations to happen in three regions on 6th August dubbed as One million march, where they expected one million marchers from each region.

He says but when they go on the streets on 6th August they won’t come back until Ansah is fired or has resigned.

The Constitutional Court is on Thursday expected to make a ruling on Malawi Electoral Commission’s application to extend its process to gather evidence from presiding officers.

MEC which is asking for a 14 days extension argued that the process was interrupted by agents of the Malawi Congress Party (MCP), who unleashed violence on its lawyers and staff from recording of witnesses sworn statements.

The Commission’s lawyer David Banda told the court that the process started very well until presiding officers received threats especially following a statement from MCP’s Rev Maurice Munthali, which he alleged incited public violence and resentment towards its work.

He stated that the statement which called on people to be vigilant and arrest those involved in the process would make any reasonable person to treat MEC personnel as criminals.

Banda stressed on the need for the second petitioner Lazarus Chakwera in the elections case, to exercise good leadership by speaking to his supporters to ensure that court proceedings are not disrupted by such careless statements.

Among others, the MEC team indicated to the court that it has filed 106 sworn statements, three sworn statements from the Commission’s Chief Elections Officer, Head of ICT and Director of Electoral Services and 103 sworn statements from presiding officers.

The MEC lawyer argued that if the injunction is granted more witnesses would come and assist them finalise the process.

While acknowledging that 11 days have been lost from the time the MCP statement was issued, they assured the court that it is working hard to ensure that proceedings are fair and expedited.

MCP lawyers Titus Mvalo and Mordecai Msisha branded the application as misconstrued which should have been directed at parties and not Saulos Chilima who is the first petitioner.

Citing a number of incidents of non-compliance from the Commission, they noted that equal footing should entail equal treatment and prayed that the matter be expedited.

They dismissed assertions that the people were under instructions from Chakwera to disrupt the process carried by the electoral body as speculation.

Msiska queried why there was no supporting document from MEC indicating if they engaged the police to seek their assistance on the attacks.

He wondered what type of evidence they were looking for as it was public knowledge that all electoral materials were under the custody of the Clerk of Parliament.

Msiska further took the MEC team to task as to the whereabouts of the material which they used to announce the results which prompted them to decide to go back to presiding officers.

On its part the Court expressed worry with the intervening applications which it noted might make it unable to start hearing of the substantive case on July 29.

The court has also allowed Malawi Institute of Journalism (MIJ) to cover live proceeding of the case.

Source : Kulinji

The Constitutional court sitting in Lilongwe has ruled that trial for the elections case will commence on July 29.

The ruling was made on Wednesday after considering additional information filed into the case.

Malawi Congress Party (MCP)’s president Lazarous Chakwera and UTM Party leader Saulos Chilima who are the first and second petitioners respectively, in a case in which they are pressing for the nullification of the May 21 Presidential results, have been given up to 1st July to submit all documents that will be tendered in court.

The Democratic Progressive Party’s President Peter Mutharika and the Malawi Electoral Commission, the frist and second respondents respectively, have been given up to 22 days to go through the fillings by MCP and UTM.

Earlier in the day, MCP and UTM applied to have disclosure documents from Malawi Electoral Commission (MEC) some of which include bank statements of some of it’s employees.

The other application was for safe storage of election material in MEC’s possession.

MCP and UTM have also filled for a re-run when the court finds that the irregularities they presented are legitimate.

The court is expected to meet briefly on Thursday at three o’clock to make it’s determination on the issues.

There have been fears that MEC will get rid of the material after it announced it is auctioning off some of the materials.

However, Sangwani Mwafulirwa, MEC Communications and Public Relations Director in an email clarified that the materials being auctioned are those not used in the recent election.

Times and Zodiak radio we’re given the permission to broadcast the trial live.

Malawians have been keen to hear the outcome and way forward of the disputed results case.

Source : Kulinji

Malawi’s property giant Mpico Plc has dragged Alenga Limited’s Polesana Tembo, granddaughter to Malawi’s retired politician John Tembo, to the Lilongwe Commercial Court to seek damages for trespassing and disturbance of business.

Court summons which we have seen show that Mpico through their lawyers Likongwe and Co is demanding cash with interest from Tembo for disturbances and trespassing which has led to loss of business for Peoples, the tenant and Mpico, the landlord.

Tembo has contracted a Chinese Company to construct shops and an office park at her A12 Service Station which is expected to be completed the before end of the year. The project is said to be valued at US$1million.
Alenga construction.

Construction of the above said to be distracting business at the neighbouring People’s.

Mpico claims the value of their business and building has been diminished. They further state that ongoing project construction site is buzzing with men working with unbearable noise due to workmen chatter and machinery, which has rendered workers at Peoples unable to execute their duties optimally.

Mpico also argues that despite numerous requests, Tembo’s agents and servants continue to trespass and encroach their plot with reckless abandon.

But in her response to the summons presented to the court Tembo claims she requested Mpico for right of way, through a written letter informing them of the project for which the claimant granted her through a written response.

The case is being heard before Justice Annabel Mtalimanja.

Mpico, a leading provider of property solutions has 28 properties across the country including the Getaway Mall and Central House Arcade in Lilongwe’s City Centre valued at over MK35 billion.

Tembo’s Alenga Limited was incorporated in 2018. She owns 100% shareholding of the business.

The High Court in Lilongwe has called for what it calls a scheduling conference on Friday to look into the case by Malawi Congress Party President Lazarus Chakwera and UTM leader Saulos Chilima who are contesting results of the May 21 presidential election.

The case has President Peter Mutharika and the Malawi Electoral Commission among respondents.Some of the issues the parties will look at include; whether they need to amend any of their supporting documents, whether they want to seek further and better particulars of any of either partie’s case, whether there are matters that are agreed facts and also whether any party should be added or removed from the case.

The conference comes following court order to consolidate cases in which the MCP and UTM separately challenged results of the Presidential polls in the May 21 tripartite elections in which Malawi Electoral Commission declared President Peter Mutharika winner.

The court also ordered that the consolidated case be heard as a constitutional matter.

Source ; Times

Following failure of some public officer to declare their assets in the past five years, a law expert has suggested that the Asset Declaration Act must be attached to the Electoral laws.

This has been said by Professor of law at the constituent college of the University of Malawi (Unima) Edge Kanyongolo.

According to Kanyongolo, this is the only way to ensure that everyone is abiding by the law.

Kanyongolo further suggested that any candidate who fail to declare their assets must be disqualified.

“Before they run for the office, they should first declare their assets. If they fail to do so, they must be disqualified, they should not be allowed to contest for any political public office,” he said.

Commenting on the matter presidential spokesperson Mgeme Kalirani said President Professor Peter Mutharika has directed Office of President and Cabinet officials to meet with Assets Declaration Office officials to chat on the way forward on cabinet ministers who did not declare their assets.

However, it is believed that Minister of Youth, Labour and Manpower Development Grace Chiumia has not declared her assets. Z����i

The High Court in Zomba on Tuesday adjourned to a later date, a case involving 12 people who are accused of murdering a young man with albinism, MacDonald Masambuka in Machinga last year.

High Court judge, Zione Ntaba, who found all the 12 suspects with a case to answer, adjourned the case following a request by the state whose legal representatives were not in the court.

She further denied access to 12 witnesses which were brought forward by the defense during the hearing without the court’s knowledge.

Judge Ntaba also asked all the concerned parties in the case including the police, state, prison services and the defense, to make sure that they put in records anything to do with the case having noted lack of seriousness for the past two weeks in relation to the case.

Masambuka, 22 was reported missing on March 9, 2018 before his body was later discovered in a shallow grave

Blantyre Police have arrested a 40-year-old man for allegedly killing his own three dogs.

It is alleged that on Monday, the suspect, John Gawanani , was preparing to get his dogs to veterinary at Blantyre Society for Protection and Care Of Animals (BSPCA), when the dogs were reluctant to get into the car. Mr Gawanani, who is a private auditor, started beating the dogs with his boots to get the dog into the car.

Two female dogs were then found dead due to fractured skull and spinal injuries, up on arrival at BSPCA vet.

One male puppy had a bleeding mouth and nose and a wound on the pervis and found died on tuesday morning.

The police arrested the suspect after officials from the BSPCA reported the matter to them.

The suspect, who hails from Jumbe village in the area of Traditional Kapeni in Blantyre, was charged with ‘cluety against animals’, which is contrary to section 3 (a)(b) cap 66:01 of the constitution.

Blantyre Police publicist, Inspector Augustus Nkhwazi said that the suspect was release on police bail and is expected to appear before court to answer the charge.

Besides Chaponda, the anti-corruption bureau has also arrested the Director of Trans-globe Export Produce Limited Rashid Tayub following investigation on Zambia`s maize gate case.

Senior Public Relations Officer for ACB Egritta Ndala said the investigations made by ACB revealed that there were some foul games played in procuring the maize from Zambia hence the arrest.

Tayub is likely to be charged with influencing a public officer to misuse his public office contrary section 25B (2) of the Corrupt Practices Act.

The ACB through Ndala has assured the general public that it remains an independent professional institution in the way that it cannot conduct its duties in interest of any one or any political party.

However, Ndala added that the investigation process may be complicated and needs to be conducted with due process and detailed.

“The bureau empathizes with the concerns of the public for speedy investigations but in a democracy, such calls need to be balanced with the due process required under the law,” said Ndala.

Ndala further pointed out that parliamentary immunity during parliament sitting may delay such processes in a case which the accused is the member of parliament.