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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Prophet Bashiri
Guest

A mockery of the judiciary cannot be tolerated.

Manyetera
Guest

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.

KARU UNITED
Guest

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.

DIRAIVA WA NGOLO
Guest

Leave mr kasambala alone! zikumveka?

HGK
Guest

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

HGK
Guest

Dont Let Him Out Akakhale Ku Ndende Basi.

pheko
Guest

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.

Rough Yellow Cash Barrier
Guest
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… Read more »
Mbowe Mulambia
Guest

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

Nsena walamulo
Guest

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

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