Lawyer Modecai faults conduct of Judge Mtambo on Kasambara

Malawi’s prominent lawyer Modecai Msiska has step up to represent former minister of Justice and Constitutional Affairs Raphael Kasambara’s appeal against revocation of his bail and accused the conduct of High Court judge Michael Mtambo who revoked Kasambara’s bail in September.

Modecai Msiska (right) representing Kasambara

Modecai Msiska (right) representing Kasambara

Judge Mtambo – a known foe of Kasambara – revoked the bail of the former justice minister over alleged infringement in his private space by allegedly accessing his private information.

Appearing before the Malawi Supreme Court of Appeal on Thursday, lawyer Msisha argued that the Judge Mtambo erred in revoking his client’s bail because the judge acted as a complainant and a judge by bringing the allegations and then make a ruling.

The matter was heard in camera before Supreme Court judge Rezine Mzikamanda.

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.

Justice Mzikamanda reserved his ruling on the matter, saying it will be made on a date to be communicated later but before November 20.

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45 thoughts on “Lawyer Modecai faults conduct of Judge Mtambo on Kasambara”

  1. Kamukhaty says:

    Amutambo, what goes around comes around

  2. johnm says:

    this is utter rubbish. kasambara has never been mentioned anywhere in any of cashgate cases. so one would ask, what could have been his motivation to try and kill phwiyo. why is he being dragged into this case. this is all personal bewtween the AG, Mtambo and Mary kachale. there is also an element of politics in the whole game. why should kasambara want to phwiyo dead? you search around you find that there is nothing apart from what his former maid was coached to say as a witness. stupid AG, stupid Mtambo, stupid Mary kachale.

  3. mbava zopanda pake says:

    Kodi udge Mordecai, mai anabwera atajambulitsa zipicture za porno? Ralph azitulutsanso zimenezi pa facebook mmene anachitira doctor c v ya a Mtambo.Kapena wakuopsyetsani kuti mumuimilire apo ai aonetsanso zija tinaona zija?

  4. zoona says:

    A malawi dont be deceived these people they did it……thats the truth manondo was hired these were trained to do the job……beleive it or not… they did it ..

    But its very difficulty for someone to come and testfy because people are afraid … kasambara did it ,,,,, this is true….he knows that he did it, God should help us…

  5. kaya says:

    Kodi anthu wophunzila ndi kasambala yekha? even ana anzeru we have had them in malawi but because they are brilliant they make use of their brains….?

    If kasambara is not guity zioneka….but one thing i know mr mtambo is not acorrupt man… hes going to pass judgement fairly .. to those love kasambara be quiet ….other wise we need proper justice in this country poor or rich…..not judgement based on popularity…

  6. Phiri says:

    Ntambo is a disgrace to the judiciary and I wonder why he is clinging to delive judgement when he already Showed his hatred to Kasambara kodi Chief Justice ali kuti akumusiya munthu kuchita abuse office iye ali nonoro ngati mlomwe wodzimbidwa ndi Gondolosi ku mlakho. Panopa akufuna Kasambara atamwalira kuti ziwalo zake akhwimire. A Malawi otsata chilungamo tiyeni titukwane Mtambo ngati mmene anatukwanira Mulli

  7. abdul al barghdadi says:

    I have always said,judge mtambo must,,,recuse himself for a fair trial,justice is not being done there is an element of perceptual bias,,,

  8. Maseko says:

    MTAMBO PEREKANI CHILANGO CHOTI ANYONGEDWE AMENEYU BASI ANTHU ONSE AKUMUYIKILA KU MBUYO NDI MBAVA ZOKHAZOKHA CHIFUKWA SUNGAMATI NJOKA NDI YABWINO NDE KUTI NAWENSO NDI NJOKA AFE NDITHU NDIPO TSIKU LOMWE ADZAFE KASAMBALA NDIDZASANGALALA KUPOSA TSIKU LOMWE ANAFA MAI GWAZANTINI LIJA MAI AMENEYU ANAFERA MANJA MWA A PRISON AMA SAVER ANAWOTCHA TCHAYI JACKSON NDI MADZI OTENTHA CHIFUKWA ANADYA MBATATA ZAKE MULUNGU ANAWERUZA BASI MAYI UJA ANAFA NDINASANGALALA KWAMBIRI NDE TSIKU LOMWE ATAFE KASAMBALA MA HORN ADZALIRA MTOWNMU GO MTAMBO GO MTAMBO OSAMUSIYA MUNTHU ONYASA KUPOSA MANYI

  9. Sorry my friend. You hate him for nothing, he has masters with distingtions fro very reputable university in uk, he was also rewarded with phd.ask for his cv

  10. WAMISALA says:

    MORDECAI NDI MSISHA

    ARE BIG BIG AND GREAT GREAT
    FRIENDS !!

    GO MTAMBO !! GO GO !!

    NOTHING PERSONAL HERE !!

  11. mpopoma says:

    Mtambos behaviour is very worry some

  12. ayi says:

    Shaa,I can see lawyers are out in full force to defend their partner in crime on internet,lawyers you have to know that you being lawyers does not give you license to do anything you want,good luck anyway.

  13. Stinking Idiot says:

    Most of the commentators in the Kasambara saga are aligned for or against, it only shows that we have millions of people osaganiza bwino educated or not. Are there not similar cases being handled the same way in our courts? Pple keep on saying that Kasambara is a smart lawyer, but without any proof. Muluzi’s bid for a third term, I hear was Kasambara’s hatch. Was that smart? Late Pres Mutarika, pleaded and got the sympathy on the populace to pass the budget against section 65. So how smart is this man realy, please some one list down his achievements that can be compared with other lawyers; we should start (top ten) nominations country wide.

  14. UjeniUjeni says:

    Is Kasambara on the list of Cashgaters? NO.
    Is Kasambara on the list of the 17 people arrested recently together with Mphwiyo? NO
    Is Kasambara charged with getting cashgate money? NO
    Has Kasambara been fingered in any confession by any confessed Cashgaters? NO.
    His only crime is that when PPs cashgate scandal exploded the government needed to find someone senior enough in order to protect the master mind, ABiti Ntila. And at that meeting, Humphrey Mvula and team suggested the name of Khumbo Kachali but it was turned down. They then suggested the name of Kasambara and the die was cast.

  15. Oswald Thambala says:

    Some of you are talking as if we are still in a one party state where people were being killed willy nilly. You cannot throw somebody in jail based on hearsay and because you dislike them. Prove that Kasambara conspired to kill Mphwiyo. That’s what the state’s responsibility lies. I am not defending Ralph but Mtambo cannot throw him in jail simply because he hates him. This is 2015 – you cannot use your position of authority as a judge to victimise people whom you hate. PROVE that Ralph committed the crime. Next time, it will be your turn and you will not like to be thrown into jail without the due process. I agree with Mordecai, one of the smartest and wisest lawyers in the country – you cannot be a complainant and a judge at the same time. Prove it prove it otherwise you have to acquit Ralph and pay him millions. You behave like you have the brain of a goat!

  16. Kenkkk says:

    Legal ignorance and stupid emotions are being displayed by some comments against Ralph. Judge mtambo despite being a so called PhD holder is actually displaying the behaviour of a layman. He complained against Ralph and at the same time passed judgement on his own complaint against Ralph. Is that really the behaviour of a man who knows the law? He can’ t be judge and jury. Modecai is absolutely right.

    Throw away your emotions people and try to be objective. We all want those involved in cash gate punished but not at the expense of dispensing the correct justice.

    Judge mtambo is at the moment a disgrace just because akufuna eti kuchukha. Go back to school because whoever gave you a PhD is very embarrassed by your conduct. Is it Cypress university ya Ben?

    You also embarrass PhD holders all over the world.

  17. Bond Namiaka says:

    What some people say for partisan reasons driven by tribal interests is laughable. How can Kasambala without even a Masters degree be smarter than Mike Mtambo who has a Ph D inlaw? Grow up man!

  18. Cecilia Mapila says:

    What offence is Kasambara being tried for? Nowhere is he mentioned in any Cashgate case. Am asking this because the Court of Public Opinion is trying him for Cashgate as opposed to Conspiracy to Murder of the now in-the-cooler Cashgate Suspect Paul Mphwiyo.

  19. Mbuya says:

    Kasambala or atafa lero ine sindingamudandaule…he is a thug

  20. Mkati Kati says:

    Kodi ModecI msisha ndiuja mkazi wake anatulutsa filimu yamaliseche uja? Uja anapezeka akupanga za dama ndi Mkungula uja. Ndiwokalamba choncho? Zosadabwitsa

  21. Naliyela says:

    Mtambo should be impartial, he cannot be complainant and judge and jury. Lets stick to the matter on hand and Malawians mukafuna potukwana pitani pamaso mukamutukwane Ralph yu. the issue is ‘Did Ralph conspire to kill Master Cashgate Saint Paulo”. that’s what he should be punished for if he did.

  22. vindere says:

    You are not guilty until proven guilty by a court of law. So stop making ur own judgements on Kasambara.

  23. levelheaded says:

    Ma judge ndi anthu ophunzira kwambiri. What is happening is, from their experience, akauwelenga mulandu amatha kudziwa kuti munthu ndi olakwa ngakhale mulanduwo sanaumalize. Ndiye iye akudziwilatu kuti kasambala akupanga zinthu zongofuna kutalikitsa nkhani zomweso zili chiopsyezo Ku moyo wa judge Mtambo. Judge Mtambo would want to pass judgement on this case by now for his safety. We all know that Kasambala is accused of attempted murder why is it that we are now reading some mecenery comments here. Kasambala is not hated only his past is the one haunting him everyday.

    In Japan,one of the big democracies in the world,one is very unlikely to win a case against the state. People love their country the most to the extent that activists can go demonstrating against the judicially if its delaying justice on cases like Kasambara. Unlike in Malawi people always fight government to the extent that they are now defending a criminal(kasambala). Very pathetic.

  24. nyasa boss says:

    I DON’T FEEL SORRY FOR KASAMBALA LET HIM DIE IN PRISON HE IS A THUG

  25. D.D. Phiri says:

    nothing personal here, kasambala deserve more than this. l guess death penaty would b proper but we know he wil get sonething less… shameful msiska

  26. Chindaxi says:

    Very true… personal issues……
    How can a complainant be a Judge

  27. commenter says:

    The downfall of Ralph Kasambara

  28. Maseko says:

    NONSE MUKUTI MTAMBO AKULAKWITSA OLO MUNAPHUNZIRA NDI MBULI ZOTHA NTCHITO MUKAMADYA MA NYUMBA MWANU MUKADWALA MUMAPITA KU CHIPATALA CHA BOMA INU SI NTCHITO KUTUKWANA PRESIDENT KOMA MWAYIWALA KUTI ZONSE ZIKUCHITIKAZI MBULI ZAYAMBITSA NDI ACHINA KASAMBALA NDI ACHINA JEZEBELO AKUWOPA KUBWERERA KU MUDZI KUNO MMENE NDIKUWONERA TINAPUSA PANO MFUTI KU MALAWI KUNO AKUGULITSA MMA SHOP TIDZINGOTHANA NGATI KU BURUNDI

  29. Mulhomwe Wankulu says:

    I said this other day that what Judge Mtambo is doing to Kasambala is personal. Now am being vindicated. Kaya nchifukwa choti Kasambala was the brightest in class as far as the reports from University (Chanco) in particular are concerned. Even Kalekeni Kaphale hates Kasambala personally too much, but why is that so? Kodi iwe Mtambo ndi Kaphale kodi Kasambala’yu anakuchindilanipo azikazi anu kapena???Chonde ndiyankheni ine ofunitsitsa chilungamone. Zikomo kambiriiiiiiiiiiiiiiii.

  30. There is nowhere kasambara involved in cash gate apart from jb trick, boma likulephera kuyamba mlandu. Sanje basi, afterall there is no case here, mzakhumudwa mlandu ukutha aquital. Prove where kasambara, mboni za boma zinakana, karonga anakana, lutepo anakana. List ya cash gate palibe. He was minister

  31. Nyika justice says:

    We need to know that Judgz are human beings. Some are, cunning, weird thinking, drunkards,smokers and they dont stand for their work/cause whilst others …………

  32. Maxwell says:

    Lawyers , lawyers u turn up the truth to be lies . Iknow its ur duty to so and earn living such jobs but looking in this case mr kasambala is a murder ! And bring shame to our community where we came from . As acitizen I would like mr kasambala to face / pay what he owes to the country

  33. Heheheheheeee ziliko liko ku Malawi

  34. BBC says:

    I personally don’t support anything that has a criminal element attached to it. Kasambara should have known better that what he was doing was purely a criminal activity. It makes me wonder why people like Kasambara should involve themselves in such dirty activities and when caught they expect people to feel sorry for them. I feel very sorry for those young men and women who are languishing in prisons because they committed minor crimes due to desperation. Some people deserve to be in jail and people shouldn’t feel sorry for them. Being educated means a lot of things, that is including self respect.

    The facts surrounding the shooting of Mphwiyo are very serious and anyone who is linked should be brought to book regardless of the status. Mphwiyo is not a saint but he deserves justice in this case. What is the use of having billions of Kwacha of stolen money yet babies and old people are dying in the hospitals? Once again I’m saying that I don’t support anything that has criminal element attached to it.

    Let justice prevail.

  35. NKUNGULA says:

    Modecai ! Chonde usandikwiyitsenso kachiwiri poyimila mbabva imeneyi chifukwa ndidzakupanga zijazo , kukudyela ujeni ya madam ako

  36. Think Tank says:

    Mbiyazadooka,you in turn are wasting your time because the appeal is not against judgement of the case but revoking of bail. You are in contempt of court by dishing out judgement when the case is not over,or have taken the role of Justice Mtambo? Your verdict is just as Mordicai Msiska has said in his pleas.

  37. anadimba says:

    mphwiyo ndi kasambara adzikasesa ku Ma ula. Aulure chomwe amakanganirana mpaka kufuna kuphana

  38. peter muthanyula says:

    Modecai is a serious lawyer. Mtambo is a joker.
    My only worry is that Modecai is now getting his hands into these dirty cases. He better concentrate on commercial cases… criminal law is just too dirty for a solid lawyer like him.

  39. Isaac says:

    I am sure this is above regionalism Mordecai, if the later is true then my question to is, are you protecting the reputation of this Mafia or doing a noble duty for the betterment of all Malawians? Turn your back and see the status we are in as a nation because of this bustard and his fellows? Do you think he really needs you other than facing the law? He is a lawyer yes as you are and in an honest manner needs your help profesionally but is this not the time for your hand sir, let him face it and if you are part of the scam then am sorry you are in………..unfortunately no way out ndi Banki yoboola yagwera yagwera.

  40. pambuyo patsogolo says:

    Exactly my thoughts. This judge Mtambo is a symbol of evil and an embarassment to the legal profession.

  41. Mbiri says:

    So Mr. Mordecai Msiska would rather Ralph Kasambara be released on bail when almost everyone thinks otherwise? Strange kind of thinking from someone who some of us thought was a respectable man. No wonder we are failing to start to develop. ONLY in Malawi. Why don’t we just open all the prisons coz there is no one who deserves to go there if this is the kind of mentality. We can make huge savings from the associated costs.

  42. Nadzimbiri says:

    Modecai has a point. I wonder why Mtambo was so emotional during the hearing. As much as I appreciate the fact that the pompous Kasambara should face justice I also see abuse of power by Mtambo. Its my prayer that Modeca’s arguments should be heard. We need calm judges not the types of the emotinal Mtambo. What comes around goes around.

  43. WAKUDA KAMANGA says:

    Kkkkkkkkk ada lapha mutani pamenepa.

  44. Patriotic Citizen says:

    I agree with the learned and well experienced lawyer’s arguments. I saw it coming

  45. Mbiyazodooka says:

    Mordecai you are just wasting your time. This man you are representing has already lost in the court of public opinion and even Mzikamanda knows the person we are dealing with here.

Comments are closed.