Judge grows cold feet on Kasambara’s bail

Supreme Court Judge Renzine Mzikamanda grew cold feet in making a determination on former minister of Justice and Constitutional Affairs Raphael Kasambara’s appeal against revocation of his bail and said that the matter needs to be brought before more than one judge.

Trial by error

Kasambara: Bail application awaits a panel of three judges

It is a clear case of a judge being caught between doing the right thing or embarrassing his fellow judge.

Kasambara’s bail was revoked by High Court judge Michael Mtambo in September.

Judge Mtambo revoked the bail over alleged infringement in his private space by the former justice minister allegedly accessing his private information in form of CV – which is on the internet.

Justice Mzikamanda chose not to be the one to embarrass his fellow judge and decided a panel of judges would be the best setup to overrule Mtambo because it will be shared responsibility.

Malawi’s senior and prominent lawyer Modecai Msiska, representing Kasambara, put across a very strong case saying, a judge cannot be a complainant, a prosecutor and a judge in a matter in which he is the aggrieved party.

Msiskas argument clearly states that Mtambo felt aggrieved he should have brought the matter before another judge.

Mtambo’s action was the final confirmation of public suspicion that he has a personal issue with Kasambara as there was no basis for revocation of bail. The judge clearly overeacted on this matter.

Kasambara, currently battling a heart problem, is facing the charge of conspiracy to commit murder in the case of the shooting of former Ministry of Finance budget director Paul Mphwiyo at the gate of his Area 43 residence in Lilongwe on September 13, 2013.

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51 thoughts on “Judge grows cold feet on Kasambara’s bail”

  1. Mhango says:

    Kasambara simtumbuka koma mtonga wa ubve.

  2. observer says:

    what was the conditions of bail. i thought it has to do with interference of investigation of the case and witnesses- how does the cv of a judge come into play here. judges cv is not a secret.

  3. Miko says:

    Alibe khalidwe aphuzile khalidwe mr kasambala.

  4. mzake says:

    am behind you kasambala and can see you are winning this case.

  5. Wadyera says:

    Kasambara akanangof Bsi ndi munthu woipa. Choipa chisata mwina. He is even faking that heart disease running our from the prison conditions. You can run but you will never hide. At least you have tasted what it feels to be in Prison hahahahahaha.

  6. Ostrich says:

    Shame kwa Atumbuka onse, Mtambo is right Kasambara should face real justice.He cant be the jack of all trades,he is netted la 40 lakwana, even if he rott there, he deserves it as he has so many sinisters debiating from justice. Nobody can be above the law, amene zikumupweteka atafune matewera, stupid tumbukas you have fooled us for too long, you think you are the only humans in Malawi, tikutibulanitu agaru inu. We are tired of your tribalism, kumangolembana ntchito atumbuka okhaokha, ana kumangowchongera zolakwa bola apite ku university and so many self ideologies. I hate you tumbukas and you time is near just like a blink of an eye

  7. zambezi says:

    Atumbuka! Always confusion where they are involved! Please secede.

  8. Youth League Chairman: Kawale 1 market says:

    Stupid…I learnt high cost judges were refusing to handle this case? Well, if Mtambo had referred it to another judge, who would have accepted? Is this article trying to tell us that judges are useless lamp posts who can be played around with no powers to show that “they are in charge”? If this is the case, then we need to revisit our laws

  9. garnet chirwa says:

    Mzikamanda should resign. He is a government stooge and a coward. When did he see that the case needs a full panel. Why did he wait all these days.
    It’s tribal. Dpp is using a lhomwe judge, a lhomwe prosecutor mary kachale to squeeze. Kasambara

  10. mbolo sidwala says:

    Kodi inu mukulemba nokha maina.ambilimbili bwanji??????? Mwadya mwadya zakasambal inu odwala swala.a.maiska ma hule akipwetekani limodzi ndi ks

  11. Kamukhaty says:

    Tinkanena a Mtambo. What goes around comes around. Wakana kukupangitsani manyazi mzanu Woziwa ntchito. Mwaluza credibility polimbana ndi patient proffessor of mw law RK.

  12. Zanu Zimenezo says:

    Zanu zimenezo.

  13. kenkkk says:

    Wanzeru wa kummawa, I think you are confusing yourself here. You say mtambo was only observing and didn’t judge. By revoking Ralph’s bail, he did judge or make a decision.

    Mtambo may have a discretion to revoke bail but not when the reasons for revocation involves him,the judge. For justice to be seen to be done, another judge should have handled the matter, it doesn’t matter if the outcome is exactly the same as mtambo’s.

    We are not defending Ralph here but we are saying that correct and appropriate legal procedures and professionalism must be followed for justice to be seen to have been done. Mtambo’s behaviour defeats all ethos of the justice system.

    The days of judges like mtambo fooling us Malawians are gone except for diehard fools blinded by bias and hate.

  14. nambewe says:

    Che Mtambo be focused on Mphwiyo issue if this was a bait to trap you then you have been trapped hook line and sinker……I always thought Judges were supposed to be objective……mutichititsa jenkha apa.

  15. kenkkk says:

    Analyst, the enemy of progress is clearly judge mtambo. He has made school boy errors and in the process disgraced his profession. He is not a learned judge as you think, purely an embarrassment to the professional and whichever university that gave him a phd.

    It is not for you to tell a judge or judges to confirm mtanbo’s revocation of bail. The judges will make their own judgement which could be to confirm or not to confirm the revocation of bail based on the arguments presented.

    The plain fact is that mtambo was not the right person to revoke the bail simply because of too much conflict of interests he has with Ralph.

  16. Achawa Business Consultancy says:

    Be professional Jud

  17. King Solomon says:

    Dis is de climax of a legal battle btwin lawyers and judges with each side presenting strong case against de oda.Akanakhala chule basi pamenepo he would’ve been rotting in jail.

  18. Zapadziko says:

    I am waiting for Mtambo to be exposed.

  19. sokosoko says:

    Justice Mzikamanda, what is going on? I thought you accepted to hear tthe matter and actually proceeded to hear it, so why change position now? If you believe the matter should have come before a panel of judges, then why did you hear it in the first place? Even after hearing you went on to say you will have judgement before 20th November only to come back with no judgement – what happened between the day you promised to deliver the judgement and the 20th. Zoopsa. Kasambara ali ndi zovuta zake koma apa zikuchita kuonekeratu kuti its a matter of spite – avulale so that by the time he manages to exenorate himself the damage is already been done. Attorney General and his DPP Kachale, mukuoneka kuti munthuyu muli naye ma personal issue a ku professional kwanu. As for Justice Mtambo, I think the professional thing for him to do is to recuse himself from this case. The CV is on the internet, why would the judge complain that anyone discussing it is infringing on his privacy and even proceed to have them arrested for that? ndiye mumanga dziko lonse lapansitu! Mordecai Msiska has put it very plainly – if the judge felt agrieved, why not bring it before another judge? koma complainant yekha, prosecutor yekha, judge, yekha – zoona? Amatero?

  20. The judges should avoid putting personal issues into this case. They should learn to be objective in their judgement. Munthu kuganiziridwa inu nkumutenga ngatitu mwamupedza kale olakwa. Mulanduwu siofunika befu or phuma ayi. Mapeto ake mulira ndi nkozo wanu omwe.

  21. Mpamba says:

    let Kasambala be free. It is hard to understanding his wrong doing

  22. Suzen says:

    Kasambara watikwana milomo yofiirayo osadzimvera chisoni fool

  23. kenkkk says:

    This is embarrassing. Political pressure again? Even a layman knows that mtambo seriously erred.

  24. This kasambara guy and his case quit classic and luks judicial proceses and arguments weak.bail is a right bit when u break condition consequences follow.. Ndiye mukuopa chiani havd fath trust in zd las not lawlessness!

  25. James kotoki says:

    There is no case here.Wait,kasambara will be a free man soon and they know it hence delaying tactics to avoid embarrassment

  26. ngulenjet says:

    Judge Mtambo a clear sign of bad and unlearned judges that our courts have please Mr Chief Justice decipline Mtambo he should not mix issues

  27. p says:

    Internet is not a private space; even a std 1 pupil knows that. A learnt person would never put anything deemed private on a public webpage! Talk of airing one’s dirty laundry in public! Just what is the law on private space in Malawi! Are our judges needing extra schooling?

  28. WAMISALA says:

    NO PERSONAL ISSUE HERE !!

    THE GUY IS A MAFIA

    HOW LONG ARE WE GOING TO BE
    DANCING TO HIS TUNES ??

  29. BOGOLOLO WAMWENDO KHUMIKHUMI says:

    Kasambala , Modikai Msiska and Mtambo all are from the northern part of Malawi you want them to crucify one another the game of APM and its DPP .

    1. Mtambo is not from north, he is from zomba osangowona surname basi wakumpoto ayi. He killed his first wife kukhwimila mtambo

  30. The Analyst says:

    . . . Don’t you the Judiciary feel embarrassed when; using the same laws, different judges give significantly different sentences on similar cases e.g. rape even when done under similar circumstances?
    . . . Don’t you know it doesn’t reflect well on your professionalism when sometimes injunctions are given under dubious circumstances? Don’t you feel you act as enemies of progress sometimes when you just flash out injunctions unnecessarily?
    . . . Don’t you think it reveals how inconsistently our laws are applied when one judge overrules the decision of another?

    Its high time you judges or the judiciary started to work as one – by not aiming at embarrassing or frustrating one another.

    . . . Know that the only excuse which the misguided Modecai Msiska and his crooked client Kasambara have, is that the bail revocation was done by Mtambo but they do not necessarily refute the wisdom behind the bail revocation.
    . . . As such, the panel of 3 judges should only consult the wisdom for which this only learned judge Michael Mtambo revoked Kasambara’s bail and re-affirm it. Do not frustrate him by ruling, otherwise. We will know you are enemies of progress and justice, otherwise.

  31. Sir Bentby says:

    Thus indeed true, judge mtambo is having personal grudge/case againest Ralph hence he is not supposed to be a judge. And his verdicts cannot be trusted because he is also accusing Ralph personally. One does not tie a goat to another goat
    for one to butt the other to death

  32. Wa Nzeru Wa Kummawa says:

    What judge Mtambo did was to observe the behaviour of Mr Kasambala whilst on bail. He did not grieve. He did not complain. He did not prosecute and he did not judge.

    Mtambo simply observed Kasambala’s behaviour to be not-becoming. If it was reported for example that he did not report to police fortnightly, the same could have been observed by the judge and could have enabled him revoke the bail.

    Was Kasambala trying to test the waters when he deliberately infringed upon the privacy of the judge in order for the him to be grieved and eventually prosecute and judge him?

    Revokation of bail is simply a matter of a judge’s discretion based on the behaviour of the person on bail. In this particular case Mtambo used his discretion to revoke bail. He did not need to sue Kasambala for another judge to make a determination whether indeed privacy was infringed upon.

    In the face of the said CV which Kasambala is linked to, is it still the supreme court’s judge’s opinion that the behaviour of Kasambala was not questionable whilst on bail? If the answer is no then release Kasambala on bail. If it is no, then Mtambo was right.

    It is immaterial whether judge Mtambo acted as complainant, prosecutor and judge. In any case for one to complain there must be a causer. But I am not arguing that Mtambo complained at all. He did not. He simply observed a suspect’s behaviour who was out on bail.

    Justice Rezine has done a disservice to his country. Did you not anticipate the need for more justices from the beginning?
    Justice delayed is justice denied. Malawians are patiently waiting the conclusion of cash gate cases and cannot afford any more delays. I guess this is why they have not resorted into going to the streets.

  33. Chilombo says:

    Bambo Nzikamanda ndinu munthu wodziwa ncthito yanu komanso mkulu wa mpingo.Osaopa kumuchititsa manyazi Kasambalayo popeza iye adazichitsa kale manyazi yekha pokuba komanso kufuna kupha.Mugwireni ntchito basi,osampatsa bail poti mtima wake udampatsa kale bail

  34. advisory committee says:

    Mutayeni tsopano munthu wamkulu kasambara mwamusunga long time above all it seems judge mtambo has personal natters with kasambara

  35. MULOPWANA says:

    TIYENAZONI

  36. chinkombaleza gumanyundo gowa says:

    It was clear that The Judge could be biased towards himself because you can not complain about yourself and at the same time make a judgement to the accused. Ngakhale ndisali lawyer koma izi ndi zachionekere. A Msiska aphunzitseni anawa.

  37. Jimuni says:

    Why is Nyasa times reporter suggesting Mtambo was wrong in revocking Kasambara’s bail? Why take sides with Kasambara instead of just reporting the case?

    Isn’t it procedural to recommend a 3man judge panel as opposed to one after hearing the case?

    Did this reporter read the Judge’s final decision that says “I DONT WANT TO BE ALONE IN EMBARRASSING THE HIGH COURT’S MTAMBO”?

    Who wrote this epistle, Ralph himself????

  38. utitiri says:

    This is not a fair coverage of the case as the reporter is completely biased. You have already ruled that Justice Mtambo was wrong to revoke Kasambala’s bail!

  39. Tina says:

    Did judge Mzikamanda explicitly say ” I don’t want to embarrass my fellow judge? ” I don’t think so. Mwalemba story nu mukuchita kumveka kuti ndinu team Kasambara. Bad journalism. Shame.
    Nanu a Thom tamabwezani malembedwe enawa kumuuza munthu kuti kalembenso. Kapena inunso ndi team Raphael?

  40. mogasa club member says:

    ma judge ndi ma lawyer a chanco omwera pa bwandilo sangaphike zakuphsya. i told you from the beginning kuti tipange outsource ma judge ndi ma lawyer from abroad if we want this national rape called cashgate to come to a conclusion, but did you listen? noooo!

  41. Ngayikosya says:

    Very suprising indeed judge Mzikamanda is right

  42. Richard Kanjoka says:

    Very suprising indeed judge Mzikamanda is right

  43. Ineyo says:

    Is this article really by a nyasatimes reporter? So judgemental and so embarassingly biased. There are legal technicalities as to why a suprem case has to be heard by a panel of justices of appeal, of which the biased article has deliberayely ignored. What a shameful piece of trash!

  44. Ayobeee de Zobue says:

    Bravo modecai!!!!. Seriously court must be moved. How can the whole trusted judge ask the prosecution to conduct research on whether a judge can move a motion to revoke suspect’s bail. I am not a politician neither kasambara’s fun but very much interested in the delivery of justice. Mtambo was too emotional in handling the case. It is my further view that mtambo refuses himself from the entire trial. As it appears even the outcome will not be just and fair. Let justice rule by itself. May God bless your team modecai.

  45. Islamic State(ISIS) leader in Malawi says:

    A lot of Malawians hate kasambala for one reason,he makes us feel threatened,this guy is so intelligent but his choice of friends is not good which makes him more dangerous to the entire society.
    My advice to kasambala is that you have to reflect and overhaul your life,don’t take pride in mischiefs and crookedness,respect and dignity is very important in one’s life.

    You see now these Judges are treating you like clap because they don’t respect you or feel sorry for you because of your personality.

    Coming to this case,everyone including toddlers knows that your bail revocation your not lawful and you deserve to be out of prison but then as I said no one cares for you kasambala,people hates you so much more than you think.

    Judge Rezine mzikamanda has constructively stated that you deserve bail but he should not be the one ruling that because he doesn’t want to look like he is your friend.

    Change your life my friend,life is too short.

  46. Chief Cadet says:

    Mutayeni Kasambara bwanji anthu odziwikiratu kuti adaba simukuwamanga ma donors akufuna Kaliyati, Goodwell, Chaponda ndi Henry Mussa amangidwe kuti atipatsenso chuma, A Petulo musatipusitse apa. Mwana uyu analakwa kukhala wanzeru? mukungomutchukitsa chabe, atilamulira posachedwapa.

  47. Oswald Thambala says:

    Is Ralph being tried for cashgate? the answer is absolutely NOT! he is being tried for conspiring to kill Mphwiyo i.e. there is a rumour that he wanted Mphwiyo killed. So why are some of you linking Ralph to cashgate? It’s because you just hate him. Let the state PROVE that Ralph wanted to kill Mphwiyo. I do not think Mtambo is smart enough…yes, you still have dull PhDs – there are many ways of getting there. That’s why not all teachers can deliver in exactly the same way. Yes two people with exactly the same degree may differ by several miles in terms of output. Sometimes, you get the paper by memorizing large volumes of texts and not by producing something novel. That’s why you have very competent professors and not so competent professors like Peter Mutharika. Mtambo is a dull judge and I do not admire him. Apply the law as written in the constitution – do not use hatred to victimise Ralph. Next time it will be you and you will not like it. Mtambo is absolutely wrong to use personal hatred with Ralph as a basis for his decisions so far. The state MUST PROVE BEYOND REASONABLE DOUBT THAT RALPH CONSPIRED TO KILL MPHWIYO — WE ARE NO LONGER IN A ONE PARTY STATE AND THEREFORE, EVERYONE IS ENTITLED TO A FAIR TRIAL. You haters hear this and stop your crusade of hate against Tumbukas.

  48. MSANA WA PETURO says:

    Mtambo is a learned idiot who seems to have forgotten antics of his job as a judge. Even a layman would not judge a case in which he also happens to be a complainant! What an embarassment and a shame he is to the profession! Eventually Kasambara will succeed in forcing Mtambo to recuse himself from any case involving Kasambara. Ayayayayayaaa. Shame indeed!!!

  49. mzake says:

    mr kasambala that’s where now we can change judge. this is clearly evidence that there is problem.

  50. Vwapuvwapu says:

    Eeeh, mtambo mumayeluza nkhani mutakwiya siuprofesional ayi. Perekani chilungamo osati chizondi kkkkkk

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