Judge Mtambo denies Kasambara medical travel to South Africa: Kumwembe bail revoked

An application by former minister of Justice and Constitutional Affairs Raphael Kasambara to travel to South Africa for medical treatment has been rejected by High Court judge Michael Mtambo – a well known foe of the former.

Kasambara: Wants to go to South Africa for medical treatment

Kasambara: Wants to go to South Africa for medical treatment

Private practice lawyer Emmanuel Theu who is representing Kasambara, who is facing a charge of conspiracy to commit murder in the case of the shooting of former Ministry of Finance budget director Paul Mphwiyo, told the court that his client has a heart problem that needed specialist treatment by a cardiologist in South Africa.

Professor Jack Wirima, Mwaiwathu Private Hospital medical director, said Kasambara who has been receiving treatment at Mwaiwathu, would be fit to stand trial after 10 days.

“Mr. Kasambara will be fit to stand trial after 10 days. He will be discharged tomorrow and on the 13th November he will be treated as an outpatient, “ read in part the report by Wirima tendered in court.

Theu said the court needed more information on Kasambara’s condition and asked if Prof Wirima be be cross-examined on his report.

Director of Public Prosecutions (DPP) Mary Kachale asked the defence to choose a hospital of their choice, have Kasambara examined and provide the report to court

In making his ruling , Judge Mtambo said: “There is no documentation that Mwaiwathu [Private Hospital in Blantyre] have failed to treat Mr. Kasambara. As long as the third accused [Kasambara] is in custody, this trial will never finish.

He added: 2There was [the case of businessperson-cum-politician Osward] Lutepo and it was agreed that trial could proceed in his [Lutepo’s] absence. Please, ask your client if he would be in agreement. Secondly, we should meet on the 26th of November to continue this case.”

Meanwhile, High Court has revoked bail of Macdonald Kumwembe, a former Malawi Defence Force (MDF) soldier and Kasambara’s co-accused after finding him in contempt of court.

Judge Mtambo said Kumwembe’s behaviour, where he obtained private information of the judge’s curriculum vitae and further revealed about the judges security detail, was enough for him to pass the sentence.

In June this year, hired chief Cashgate prosecutor Kamudoni Nyasulu asked the High Court in Lilongwe to disqualify Kasambara, a senior counsel (SC), from representing Cashgate suspects on the basis that he is either a suspect or witness in the cases.

In its ruling on Kumwembe’s appeal against conviction for contempt of court and sentence provided on October 12, the Supreme Court said the matter raised by the DPP has implications beyond the application as there are rights of Kasambara to practise his profession and earn a living and there is also involved the right of the applicant (Kumwembe) to a legal counsel of his choice.

Kachale said the State will proceed to consider whether it should file something with the Malawi Law Society (MLS) as the regulatory body and the Attorney General (AG) as the head of the bar,saying “there are so many issues at hand” but will consider “ priorities”.

Kumwembe changed lawyers and he is being represented by Goba Chipeta.

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48 thoughts on “Judge Mtambo denies Kasambara medical travel to South Africa: Kumwembe bail revoked”

  1. Prophet Bashiri says:

    A mockery of the judiciary cannot be tolerated.

  2. Manyetera says:

    Kasambara its time kaloweni matenda olenga nokha mwachoka ponama ndi kupha pano mwayamba ya ulengi wa matenda hahaha you disgust me.

    Kaya mukuti ndi mtambo nchidani kaya ayi ine pandekha ndikuti ITS TIME YOU FACE THE LAW. MUKAKHALA MU BOMA MUMAONJEZA NGATI KUMUDZI KWANU NDI MALAWI YENSE. Vuto lochionera chuma kuukulu.

    Kodi osamuuza PAPA MAJOR WANU UJA AKUPEMPHERERENI MUCHILE. Mesa amachilitsa nde South Africa munamizilako kuti mukatani? Go and face justice basi tatopa nalo bodza lolenga matenda tinaonera awoooo ankati spine koma lero amadikula munseumu ndi mzikwati.

  3. KARU UNITED says:

    Malawi can only develop if we can have more civil servants like Justice Mtambo, fear less, very patriotic & taking the bull by the horn. These are rare people, perhaps only in the category of the late Ngwazi Dr H. Kamuzu Banda.

  4. DIRAIVA WA NGOLO says:

    Leave mr kasambala alone! zikumveka?

  5. HGK says:

    A Judge Pa Ntchito Yanu, Ndimalamulo Osati Nzelu Zanu Ayi, Kunoso Tili Ndi Ma Special Doctors. Kuli Chiyani Ku Sa,,.

  6. HGK says:

    Dont Let Him Out Akakhale Ku Ndende Basi.

  7. pheko says:

    I totally agree y is kasambala sick all the time when he is in jail cause he is fine when he is outside he is always more moving up n down I think it’s just a delaying tactic. we r tired of this case if he knows he is innocent let him prove it so.

  8. Some fools never learn, some people are just not following this case since it started and the same people are coming just now and comment like all of are fools, where in the can one come to court claim he wants to go abroad for medical care without a document supporting?

    So the court can just believe that?
    Then one craim “grudge” ai koma trials, fools again we are malawians; do you think if you were the one doing this would be understood? I dont think, truth and order must prevail.

    Not this foolishness creating sickness without documents and expect public sympathy, too late. If you can(kasambala) win the case now is the time

  9. Some people are personalisng things it is not Mtambo Vs Kasambara or Kumwembe it the state vs these crooks let the law take its course if they are innocent the law will take them free chilungamo sicipya akuopa cani? Nobody is above the law

  10. Have you ever heard kasambara being mentioned ndi anthu a cash gate apart from boma la jb? Bwanji sakuyamba mulandu wa cash wake.munamvapo kuti ma account atsekedwa? Sanje a malawi. Bwanji ma judge ena akukana mulandu, akuziwa kuti ndi ndale a mtambo ndi mary atumidwa ndi dausi ndi msaka. Was poisoned ku BAH Mulungu wakana

  11. mtochi says:

    Am a pure Tonga as Kasambara but if he wanted someone murdered he must face the law.Lawyers should be the ones selfguarding the law 100%.He was an attorney general and perhaps he thought the position was immortal and could do every crime shame on him.I hate to see poor people being jailed for small cases for 12 yrs while the hard core criminals like the Bakilis,Kasambaras,Kumwembes roaming streets in the name of sickness.Why don’t you pardone the sick prisoners in our various prisons?

  12. kaka says:

    kasambala anawononga mbili ya vice poresident wa dziko lino a bwana cassim chilumpa. Zoyipa zimasata mwiniiiiiiiii

  13. Manyetera says:

    Kodi bwanji Kasambara akakhala out of court savuta nkudwala umuona ali gwa kuyenda kumapanga zinthu. Koma akangolowa mchitokosi siumo avutila nkulenga matenda.

    Inde nkutheka kuti matendawo alipo koma amadzawapangitsa kukhala ngati adwalika kwabasi and it is a life and death situation for him.

    Kodi olemera adzipatsidwa special treatment? Chifukwa anyapala ena akumadwalira enaso akufera mu cell ndi kudwala komweko and amatengedwa kupita ku central kaya ku queens nkukabwerako kufikila ku ndende osapita kaye kwao.

    Nde awawa kodi muti nda president a dziko lathu lino kapena? Nanga iwowa special treatment yuchokera kuti? Kodi nyapala aliyese ngati akuzengedwa mulandu olo wakalowa ku ndende mesa amapatsidwa malamulo otsatira? Nanga awawa bwanji amakonda kukhala ngati iwowo ndi lamulo pawokha?

    Kodi olemera mudzipita kujoni ku chipatala, nchimene mumalepherera kutukula dziko lathu nkumangopha ndi nkumaba? Nkona JZ akutinyoza ndife zitsilu kulemeretsa maiko ena ndi kubera boma nzomwe timadziwa kuno. Ayi nchitidwe uwu usiyike.

    Chomwe ndaona nchakuti Judge Mtambo watopa nkuvera zopusa za omangidwawa. Amadzithemba kuti iwo sangaseve mu ndende. Koma akuti kangauluke mpaka tsiku lina wina adzakateretsa. Tingolambula bwalo kadauluka kaja katere nthawi yakwana yotera.

    Nothing wrong with Mtambo here. I see absolutely nothing wrong. Kodi a Kasambarawa tiziti iwowa adalibe mangawa ndi anthu ena pa nchito yawoyi. Vendettas aside i think its time he answers to his case(s). Ngati akuti apite ku rsa ultimatum njoti mulandu uyambidwebe in his absence. Ngati wadwalika i hope zoyamba in his absence saonapo vuto sinanga his priority is to get healed.

    Its been too long. Its time and no one is invincible. We are all humans let justice reign sometimes. ????

  14. Chemwali chimwene says:

    Who was denying Chilumpha kupita kuchipatala and put him under house arrest? Lero ndiye iye akufuna apite kuti? Ndende ilibe mwini, lamulo lilibe mwini.

  15. james makawa says:

    let kasambara jailed plse dont let him out and free this that fucken so called soldier kumwembe ife a south dziko lathu

  16. jomba says:

    Aliyese akunena kuti mtumbuka apa, mimba yake ndipo mbuli yachabechabe, tose ndi aMalawi we are one body, kodi mwendo, nkumanena zanja kuti lautsiru. Bwaji kusokoneza zithu zilibwinobwino.

  17. wanyanayo says:

    a mtambo!!!!kunali anzanu and kuzakhalaso anzanu…..okumbila mbuna nzake azagweramo yekha……musiyeni kasambala akalandile chithandizo chifukwa mukamakakamila kumukanila muzayaluka akawina……boma xilimawina milandu……komaso yemweyo mukumunyozayo mawa azakupulumusani antambo…..b care full Mr mtambo

  18. cheyo the real northerner says:

    Thumb Judge Mtambo. Kasambara must feel the pinch so Wapona Kitha because the two cashgated this country. Anthu oyipa mitima awa. Mtambo do your job. God is happy with what you are doing.

  19. Mkasa Mbala says:

    nayeni Mkasa Mbalayo koma ameneyu zamuvuta tamutsekereni ife tiziyenda ndi M. namizinga mosacheukacheuka. Atonga Woyeeeeeeee!!!

  20. Kenkkk says:

    Mtambo, please recluse yourself in this case, there are just too many issues of personal conflicts with Ralph. Justice cannot be seen to be done if you remain. Let another judge take over despite the fact that there could be no change in the eventual outcome of the case. But justice would have been seen to have been done.

    Otherwise you will end up with Ralph’s blood in your hands with such arrogance and kufuna kuchuka kuti ndinu munagwetsa Ralph.

  21. Dobadoba says:

    More fire judge mambo I will love you forever tiyeni naye bwampini ameneyo

  22. KALULU says:

    MTAMBO DON’T LET THIS MAFIA OUT! TAKE HIM IN FOR A SENTENCE HE IS WASTING OUR MONEY

  23. Fireguy says:

    Kasambara is not king of nyasaland…..amangidwe basi if found guilty…he’s already performin lyk a guilty person. There is nothin special about Kasambara….cheapline

  24. NGA says:

    I personally know this guy called Kasambala munthu oipa kwabasi ndipo it’s my prayer kut amenei akwidzingidwe basi,even his friends ndi anthu oipa okhaokha the likes of Ali Kaka (he escaped jail thru bail pano komwe ali sikukudziwika) OSAMUTULUSA NFITI AMENEI

  25. Maseko says:

    A MWAYIWATHU TANGOPHANI CHILOMBOCHO MUKUCHEDWA NACHO BWANJI NDIKUTUMIZA MA MISILE ANZAPHULITSE CHIPATALACHI

  26. Chigawaneni says:

    Ndi matenda anji wongobwera munthu akatsekeredwa? Simasamu awaa!

  27. Pat says:

    Kayuni kalyalya. Mbalame yowulukitsa. Kasambala never knew that one day this country would be ruled by a Law Professor. He thought he was the best in land. Amawona ngati akangowauza amayi kuti section 82 bracket 1 basi wathana nawo, dziko lonse liri mmanja mwake

  28. Nyika justice says:

    Ambuye,chances are high that this kourt has a guilty verdikt on you.c how the pro c dings are done. I feel sorry for you.may the good Lord bless u in everything.

  29. Wakukaya Genuine says:

    That’s stupid . Ndinu fiti . Do you want Kasambara die. zauchitsiru basi

  30. Nyamakumutu says:

    Chidani chakale kale chimenechi but chalu ndi mazyola chakazyola wa Gamphani pa Nkhamanga. A Mtambo one day ndi inu.

  31. State Counsel says:

    Judge Mtambo has no personal vendetta against Kasambala. He is simply doing his job. He is a fearless judge. From the evidence tendered in Court, Kasambara did conspire to kill Cashgate masterminder Paul Mphwiyo.

  32. nankhoma says:

    Dumb heads ndithu alipo ena mitu yawo yosagwira kumamuikira Kasambala kumbuyo am really disappointed Kasambala chilango chake mulibe mu malamulo adziko lino the crime is just too much alowe ameneyo the rest God will finish

  33. the issue is not personall grugges.most of these politians turn sick as an exuse to cases.just to metion but a few; usuf mwawa, bakili muluzi,osward lutepo and now is kasambala.it is clear here that kasambala play delay tactics.

  34. Mungete says:

    Having skinned Malawians to the bone, now u start hating judges. Former Egypt prsdent Hosini Mubarak was carried on a stretcher to the court until the time of sentencing. And Mubarak was old and genuinely sick. Kasambara is playing tactics with the judiciary the way Muluzi did. He shud be brave enough and accept the rule of law. Now it is the Hunter hunted. On earth everything has a price. If he is innocent the courts will rule. But must not avoid to stand trial

  35. why you foolish people back for kasambara let judge mtambo do his job and i believe you nyasatimes you favour comments from north(tumbukas) so let my comment shine her like polished diamond

  36. amene mukuona personal hatred betwean Mtambo & Kasambala here ndinu anthu odabwitsa kwambiri perhaps stupid. everyone suspected to have broken the law,kasambala not exceptional,will b tried and justice should prevail at all cost. as malawians we should support the coart in times like these where crooks, anthu oipa ngati kastambala would do anything to avoid jail. if one wants to defend kasambala basing on this stupid regionalism shame on you & time will catch up with you.the whole region will be history. this is not yet worse… wait. side with the law and you will live for ever

  37. Gwede says:

    Kasambara amengidwe basi. Amazitenga ngati madolo ali ku PP. Bwanji aamadwalaheart disease yo mosemose muja? Mukwidzingeni basi. Kuti achileke

  38. GODFEARING PERSON says:

    No. 1 & 2 why are you worried with a killer and crooked person Kasambala. Whatever the case, this is a usual consequency of sinful life. Let us use our intelligency in the fear of The LORD.

  39. Brigadier says:

    Eeeee koma Mtambo wamukakamila Kasambala eish kaya muthana nokha konko hahaha

  40. losco says:

    Musiyenu munthu apite kuchipatala,uthakati bwa??

  41. munyenyembe says:

    Yaaaaaa amajaila gal ameneyo amayesa ngati dziko la malawi ochenjela nd iye

  42. CHALO ICHI TCHITEREZI says:

    Judge wotumidwa koma mawa ndiwe dipole

  43. mapwevupwevu says:

    I disagree with all you relatives of Rough Kasambara who say the judge is against him. Its all Rough’s fault,who told him to represent himself? Was it Mtambo who has been writing fake medical reports? Was it Mtambo who told Kumwembe to say the judge is a modern day Robin Hood?

    Rough watha basi! Akukalowa!

  44. Mukhuna says:

    How did you want him to operate. He is just professional in his transaction. Madzi achita katondo basi. Inu mmati azimukondera chifukwa ndi wa kwithu?? kkkkkk

  45. The Analyst says:

    I said it that if Kasambara were really as sick as he claims and delicate as a heart is, and therefore problems thereof; plus the moneys he has (through thievery, trickery n a bit of work), he would have been flown to SA, India or wherever for specialist attention. Sizikanavutanso iai!

    And now he wants to prove that he is really sick? You are getting the timing wrong Mr. Kasambara and therefore are lying again! You should have done it then (by telling these guys – Mtambo n company- that you once were at Mwaiwathu n Adventist or wherever but didnt help n needed to go somewhere else) if you really were sick. Timing is important. Coz . . .

    You can perform the best sex with your wife but if you get the cycle timing wrong, the wife cant become pregnant! Infact she will bleed twice that month just to prove you got the timing wrong!

    You have gotten the timing (of going to SA) wrong Mr Kasambara n therefore are lying again! And am sorry!

  46. chifwede says:

    The way judge Mtambo is handling this case clearly shows that he has personal vendetta against Kasambara. He has already found him guilty and is itching to sentence him. There is no justice here.

  47. Alungwana says:

    One day it will be Mtambo himself being denied every right and opportunity, Mtambo must do his job not to be famous but to follow justice

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