Kamudoni asks court to disqualify Kasambara from defending cashgate suspects

Former Justice Minister Ralph Kasambara , who is one of those answering charges of money laundering involving more than K5 billion and other charges surrounding Malawi’s cashgate scandal, had demanded that special state prosecutor Kamudoni Nyasulu not to continue handling the case but now Nyasulu has applied to High Court in Lilongwe to disqualify Kasambara.

Trial by error

Kasambara: Defence attorney for cashgate suspects but also repsenting himself in cases he is being accused

Nyasulu said Kasambara should be disquaified from representing Cashgate suspects on grounds that he is either a suspect or witness in the cases.

Kasambara, who is representing Caroline Savala in Cashgate trials is defending himself after he was found with a case to answer in the shooting and attempted murder of former budget director Paul Mphwiyo outside the gate of his Area 43 residence in Lilongwe on September 13 2013

Nyasulu argues in his application that there is not only potential for conflict, but actual conflict of interest between Kasambara and
defendants in cases involving fraud in government between 2012 and 2013.

“(Mr) Kasambara represented (businessperson and politician) Osward Lutepo in transactions connected to the cases of fraud in the government between 2012 and 2013. Both Kasambara and Osward Lutepo are answering charges of fraud
involving funds in government between 2012 and 2013,” reads an application by Nyasulu.

“Evidence also shows that both Kasambara and Osward Lutepo were members of a syndicate in the frauds involving funds from government between 2012 and 2013”.

Kasambara is on record to have objected to Nyasulu continuing with the cashgate case.

“The question is: does the law allow for a special prosecutor? If the answer is negative it follows automatically that he has no capacity to prosecute this mater. The sum total is that all we have been going through is an exercise in futility,” said Kasambara.

He also questioned the process Nyasulu was appointed arguing that it was not in line with the Public Finance Management Act, Public Procurement Act and Public Audit Act.

Said Kasambara: “I will not support short-cuts in the pretence of special prosecutions.”

However, Nyasulu argued that the defense cited the law selectively and the submissions were speculative.

He also said that it is not the role of the court to investigate the appointment of public servants.

In one of the counts, Kasambara and Pika Manondo are being charged of money laundering in which it is alleged that Kasambara and Manondo between 22 April 2013 and 10 January 2014, acting in concert and in furtherance of a common unlawful purpose, each or the others or all of them had in their possession proceeds of crime, namely eleven (11) motor vehicles and Five Billion Six Hundred Sixteen Million Nine Hundred Eighty One Thousand Seven Hundred Fifty One Kwacha (K5,616,981,751.00).

The charge sheet indicates that the two knew or had reason to believe represented in whole or in part directly or indirectly stolen money.

The two are also expected to be charged with Conspiracy.

The charge sheet states that Kasambara and Manondo between 20 January 2013 and 10 January 2014 “conspired together to acquire proceeds of crime; to wit property which they knew or had reason to believe represented in whole or in part directly or indirectly money stolen from the government.”

Kasambara, Kita, Manondo and Ralph and Arnold Associates are all expected to answer a charge of possession of property suspected of being stolen in which they are accused that on or about 29 July 2013 at Nedbank Ginnery Corner Branch in the City of Blantyre had in their possession Fifty Five Million Kwacha (K55,000,000) which is reasonably suspected to have been stolen or unlawfully obtained.

Manondo has another charge of possession of property suspected of being stolen, contrary to Section 329 of the Penal Code.

The charge sheet says that between 3 June 2013 and 1 January 2014 Manondo had in his possession 11 motor vehicles and Twenty Two Million Eight Hundred Fifty Three Thousand Seventeen Kwacha Thirty Ni n e Tambala (K22,853,017.39) suspected to have been stolen or unlawfully obtained.

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47 thoughts on “Kamudoni asks court to disqualify Kasambara from defending cashgate suspects”

  1. Kenkkk says:

    Sven, please don’t expose your stupidity. Nobody is saying Ralph should walk free if he is found guilty nor escape the law from punishing him if found guilty.

    Don’t bring regionalism here, kamudoni. Judge mtambo and Ralph are all From the north. I am also from the north.

    What some of us are saying is that kamudoni is wrong to bring the issue of conflict of intetest now when he should have done so right at the start of the case nearly a year ago. Many people told them about this conflict of interest but they ignored us completely. Kamudoni, the AG, the director of prosecution all knew this but they ignored it. That is how incompetent and unprofessional the prosecution has been. The AG is also heavily involved in the cashgate saga, has his own strong conflict of interest.

    Kamudoni should be defending himself why he should not be reclused from the case and not raising the issue of conflict of interest to bar Ralph as a retaliation for being asked by Ralph to recluse himself. Judge mambo defended himself very well on why he can’t recluse himself from the case. Kamudoni should do the same.

    By raising the issue of conflict of interest now, kamudoni and the whole prosecution are just shooting themselves on the foot and exposing their incompetence and professional negligence. Is this the new tactic by the prosecution or it is just kamudoni’s own foolish thought?

  2. Blessings says:

    Who is kasambara after all?kuderera kamunthu kakumpoto kopotoka maganizo.

  3. popapo says:

    The comments here are really interesting, Kasambara might be correct since we have had several precedence where people who have cases in court were made eligible to contest in election as MPs, Presidents and the like. Even people on treason charges have been free to stand for elections even for the high office because they not been proven guilty, it is not about Kasambara being from the north BUT the common practice we have seen in Malawi. Sankho silipindula, izi ndizimene tikukolora from sankho.

  4. mike bumbwe says:

    THERE IS NO CASE HERE.START WITH PETER MRTHALIKA HE IS THE ONE WITH A CASE TO ANSWER MBAVA

  5. sven says:

    reading through some comments by ralph’s sympathizers, (either they are clearly such by virtue of being also from the north like he is or prolly they simply and stupidly merely idolize him) one wonders that so even if indeed ralph was plainly caught on the wrong side of the law, shouldn’t he be in a position to face up the same law we deem he serves and honors? or wat in the hell is this motherfucker for him to think he may b above the law, a demigod or something? mwapwala ake ndi nonse omusapota for sure!!

  6. Mbanangwa says:

    Those who say Kasambara should not represent himself are wrong. You must first repeal the law . Since the law allows that freedom, Kasambara will represent himself. If it is a bad law, then let us wait until it is repealed.

  7. Mbanangwa says:

    KAMDONI and Mtambo are all playing games by laying weak foundations! Even if I am not a lawyer, Kasambara uses both reason and memory while the rest of our ayers remain at he level of memory. They entangle themselves left and right. These cases will not end at all. Kasambara is causing the other lawyers dance malipenga /chilimika. Kasambara is my man and chigumbuli. For those of you who do not know Chigumbuli, let me tell you ‘chigumbuli’ is a fish that is rarely caught in a drug net. No matter how wide you spread your net., this type of fish will burry itself in the sand and the net will cross over it. That is the Kasambara man.

  8. kenkkk says:

    Kamudoni as far as I am concerned is very stupid. He is childish by retaliating to bar Kasambara simply because Ralph has asked him recluse himself from the case. Instead of defending himself like what judge mtambo did, he chooses instead to prevent Ralph from representing others in court. Just defend yourself as to why you should not be reclused from this case rather than retaliating with a counter claim of conflict of interest which was supposed to have been picked up at the start of the case by the same prosecution. Where were you, the attorney general and the director of public prosecution all this time to notice now Ralph’s conflict of interest? Za chamba zimenedzi. We raised this ages ago.

  9. Kwangwagwa says:

    Kasambala woyeeee! Ladies and gentlemen, Kasambala is a genius. Verily I tell you, no lawyer has been jailed since time in memorial. Kasambala remains innocent and free.

  10. zakusimba says:

    What you should know is that YOU ARE NOT GUILT TILL THE GUDGE SAYS YOU ARE GUILT. Therefor Kasambala can do anything he wants. You do not need MLS on this.

  11. ALL THIS LONG YOU MEAN YOU DID NOT KNOW THIS?

  12. Manyetera says:

    Uyu akuwonjeza

  13. bob says:

    The truth of the matter is that most of the lawyers save Kamudoni and Mtambo and perhaps a few more are hypocrites and not honest with themselves and their profession. They are also those who seem to have unspecified phobias for Kasambara perhaps because of the mafia type of behavior he seems to have. Kasambara should not cherish the illusion that he is the best lawyer in the country, far from it. If he were really a man of integrity he should have admitted his offences and apologized to his colleagues and the nation. He is just a crook Bravo Kamudoni

  14. manyuchi says:

    About time lafu was stopped from defendign as this age him access to witnesses and evidence a very clear CONFLICT OF INTEREST

  15. Zondiwe says:

    Kamudoni is right.
    Although Kasambara is a friend, he should not represent anyone because he is a suspect, until proven innocent by a court of law.
    It is awkward for the court to have Kasambara one day defending Savala and others, and the next day defending himself in the same cases.
    Why has it taken the Special Prosecutor so long to deal with this anomaly? As a country, we have all looked quite stupid all these months. People have been asking what type of law we have in Malawi.

  16. Ngaliba waku Dowa says:

    stupid idiots! Kasambala watha basi!

  17. Jk says:

    Nkhani imeneyi inandikwana chilungamo aboma mukuchidziwa why wasting time just arrest all of them who are involved and sieze their properties to recover the damages

  18. Bulutu 1 says:

    To all community lawyer:

    by the tym u wil rearn that been a hater to kasambara is nothing u wil be disgrace.

    Lets wait court process than our wil

  19. International Observer says:

    The gist of the matter is the same song the president talked about a couple of days ago – people misallocating their energies, ie by engaging Malawians in trivia other than concentrating on the responsibilities they are employed and paid for. If the Malawi Law Society was executing its duties rationally this anomaly should have been rectified way back. Instead all they have been doing is “sitting phwiiii – kumakanda aphatha” neglecting their responsibilities, which is kuba ndalama za boma. A lot of us laymen pointed out this when Kasambara begun defending his fellow thieves but the justice system kept mum. What is the point of having governing societies that checks the credibility of their members practices? There are careers like medical doctors, lawyers, security etc that will specifically outline how their members will conduct themselves and if their policies, procedures, rules and regulations are infringed they get suspended/expelled. In this case how indispensable has Kasambala been that the tenets put in place do not apply? The problem with mbeu yotchedwa Malawi is that if a person tells the truth you tend to take it too personal (subjective). Kasambara should face the music and let us not be selective when it comes to justice. Kudos Kamudoni Nyasulu.

  20. clement says:

    PP, UDF, DPP and MCP, I plead with you, Ralph is our common enemy. My countrymen/women, Kasambara is a germ, a virus and we must treat mother malawi of such germs. I expect his family members and those that hv benefited from his loot only to be on his side. Otherwise, Ralph’s place now is the prison. I shall never forgive the Mw justice system if Ralph is let loose to devour us again

  21. davie says:

    Why are you all against Kasambara: Haters arent like US!..do your own and leave this case to the professional…..

  22. Msadane says:

    MLS, chonde tatiuzani zowona potsatila malamulo: bwana Kasambarawa ngololedwa kumayimila anthu ena pamene nawonso akukhudzidwa ndi nkhani zamtundu womwewo? Ife anthu wamba ( pa nkhani ya malamulo!) takhala tikudabwa chamumtima kuti kodi munthuyi akuloledwa bwanji kukhala oyankha nkhani komaso woyimila ena pa nkhani ya mtundu omwewo??? Timasuleni anzeru a malamulo. In normal terms, there seems to be unavoidable conflict of interest

  23. Kalithera says:

    Can I prophesise, by December this year Kasambara will be at Maula Prison. Can someone say amen.

  24. alekekuba says:

    Just take your wife n children n run away. Zafikapa zachuluka

  25. namarokoro says:

    Kodi Mzanga Lafu, umutchula liti Joisi. Ikutsaliratu nkhaniyi. Onse uwatchule, a Kumpukwe, a Oponyo, etc. Your friend Jack Warner is divulging information now. Just a friendly advice!!!

  26. 5555 says:

    Useless lawyers in Malawi!!! You mean you didn’t know about this until today!! Stupid kuzolowera kuba!!

  27. Likoma Economist says:

    Although I did not particularly like Kamuzu Banda, it is in matters of this nature that I admired him; and where he demonstrated sound leadership. In the first place, nobody ever dared to steal, and if they did, and were caught, he did not waste resourses and time with criminals. He wud either send them to life imprisonement, or as dinner for Shire crocodiles. Sime, efficient, and effective. Criminals are less than human, and therefore do not deserve to be treated as humans.

  28. Likoma Economist says:

    Although I did not particularly like Kamuzu Banda, it is in matters of this nature that he was truly a leader. In the first place, nobody ever dared to steal, and if they did, and were caught, he did not waste resourses and time with criminals. He wud either send them to life imprisonement, or as dinner for Shire crocodiles. Sime, efficient, and effective. Criminals are less than human, and therefore do not deserve to be treated as humans.

  29. Kenkkk says:

    Some of us told you all along that this case has so many conflicts of interest, in fact riddled with them to the core. The only lawyers or judge who should have handled this case should have come from outside malawi.

    Then what are you saying about the attorney general as well, mr nyasulu? All of you from top to bottom have conflicts of interest in this case.

    You want to bar kAsambara now when you should have done that right at the beginning of these cases. So the case will have to start all over again because those represented by kasambara will have to find new lawyers, at whose expense?

    Absolutely stupid and corrupt legal system we have. Andrew, please clean all this mess.

  30. CASH MBALA says:

    Kamudoni is right. Even Malawi Law Society should have suspended his membership as he has shamed the profession by associating with criminals. Of course one is free to associate with anybody. But common sense should prevail. Thieves and killers are not good people to play with. I prey that the High Court should heed the call to disqualify him.

  31. SUNDESTER says:

    I support Kamdoni on this, there is comflict of interests and in fact the Law Society of Malawi is supposed to temporarily strip him until when the case is concluded.

  32. mphini za mutchafu says:

    Komadi kammdoni is right nanga inu munsona mbara kuimilira mbara inanso accused kuimiliranso accused winanso a malawi law society simunathandize dziko

  33. BOYD MOGHA says:

    The more argumentative Kasambara is the more confused he becomes like someone who has just bn entangled into the legal battle ably fought by his opponents who knows better his legal tricks.Kasambara has bn a sniper for long and it is time he faced the actual hand of the law so that others can learn.He is a long serving member of cashgaters in malawi.Let him go to maula.

  34. Joseph Banda says:

    ODI INU A MALAWI MUKUMVETSA NKHANIYI? KAMUDONI NYASULU is the one who has brought up the issue. SO WHY ATTACKING KASAMBARA? Kamudoni knows that where Kasambara is he cannot win any case.

    REMEMBER NELSON MANDELA DEFENDED HIMSELF even during that evil administration.

  35. freedom says:

    Let’s get over this case and move forward with all cash gate cases.interested in recovery of the cash gate money me,yes so that we can pay the civil servants better salary

  36. straight Talk says:

    Aaaah! what does the law says. Is it the same preached that a suspect is never wrong until proven and judged. Or any suspect cannot represent other suspects. If (a) then let him be judged of one case then disqualify him. This means u ve the answer to be. Fair judgement

  37. Achimidzimidzi says:

    Mr.Kasambara just give us names of the judges, prosecutors and witnesses that you want.

    All the people are not suitable to handle your casoo? Too small.

  38. PA MALAWI says:

    Cashgate is for everybody but kusaonekera mkugwidwa komwe. Mumuuze azikakolopa daily ku queens akapezeka olakwa tizikamuona azichita manyazi.

  39. KING SOLOMON says:

    MALAWI LAW SOCIETY TOO SLOW.WHERE WERE U ALL THIS TIME? PLS WAKE UP!

  40. koma says:

    The 40th day closing in on *KAMBARA*

  41. sei says:

    La 40 linamukwanira kale kale Kasambara, his life will never be the same again!

  42. Cashgate issue drives me mad;I want to hear sth else

  43. CHEJALI says:

    Kkkkkkkk kayaaaa

  44. Cashgate issue drives me mad;I wish I could hear sth else

  45. Chidongo j says:

    Iwe kasambala ukungosokosa milandu yachuluka iyi. wangutha nzeru ndipo wagwira njakata. Maula yayitana iwe, uloya onse bala kudzimva iwe kwabasi. Wakumana awo anzako siungapilipitenso. Tangona iwe m’mene anthu akunenera za iwe. Ukanakhala winaukanadzichepetsa tsopano kumo kudzitukumulanso. Ukakhale ku Maula iwe ndiye kokukhala. Ndipo zaka zake zikhale zochulukirapo ukagwire yakalavula gaga watinyasa nthawi yayitali. Ndi June ukamve m’bebe kumeneko. kkkkk, kuli kanthu konthora m’chara, wiihii!

  46. wanangwa says:

    Kasambara is just a confused person. He is quarrelling with everyone, judges, prosecutors and witnesses

Comments are closed.