Lawyer on-the-run after K10mil ‘swindle’: Malawi Law Society worried with unethical conducts of lawyers

Malawi Law Society  (MLS) officials are asking people to demand to see legal licence before engaging a lawyer especially on matters of money after a lawyer is on the run after swindling his client of his K10 million.

Mrs Sibande: The lawyer swindled me

Mrs Sibande: The lawyer swindled me

The cover of the contract

The cover of the contract

The lawyer signed the documents

The lawyer signed the documents

President of the Malawi Law Society Suzi Banda said the rise in unethical behaviour of some lawyers coupled with dishonesty is troubling the law body.

This is after lawyer Chrispine Kam’mayani is on the run having swindled his client of K10 million after a plot sale agreement.

Kam’mayani is said to have sold a plot plot number 47/4/820 on behalf of his client a well known ICT expert  Boston Sibande  but never remitted the K10 million into the client’s account.

Documents in Nyasa Times possession indicate that the learned lawyer Kam’mayani, on 8 January, 2015 signed a document that he is guaranteeing that the seller of plot number 47/4/820, a Mrs Mercy Chitamo and yet the real owner of the plot is Monica Chitawo meaning that the documents had contained similar initials of M.C.

When the paper work was done  Sibande transferred K10 million into the lawyers account so that he can remit into his self made client.

Soon after depositing the money through Inde Bank City Centre Branch, the Sibande family deployed some boys to be taking care of the plot.

Evidence in our possession indicate that on 3 February, 2015, Kam’mayani admitted having stolen the money by sending an SMS to Chimwemwe Sibande that he will refund the misappropriated money.

“This is an unethical conduct. We will investigate this matter. Actually we have taken this matter to the disciplinary committee of the Malawi Law Society,” said Suzi Banda.

However he said the society cannot help when unethical conduct involves lawyers who are not members of the society.

“We are treating this matter with seriousness and urgency,” he said warning clients to always insist on seeing a legal licence before engaging any lawyer for any financial transaction.

He said the licence is renewed every year.

All this comes as Malawian lawyers continue to be shamed with allegations of embezzlement of clients’ funds and overcharging since last year.

In May 2015, Banda admitted there were over 400 cases that were looked into by a special committee.

According to experts, in critical theft cases, that particular lawyer’s licence need to be revoked.-Additional reporting by Alfred Chauwa and Owen Khamula, Nyasa Times

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38 thoughts on “Lawyer on-the-run after K10mil ‘swindle’: Malawi Law Society worried with unethical conducts of lawyers”

  1. Ivan Mark Radhakrishnan says:

    ??? ‘Demand to see the legal license’?

    AND WHEN THE CRIMINAL PRODUCES A FAKED ‘LICENSE’?

    GET REAL!

    The Law Society of Malawi / Malawi Law Society should DETAIN ALL FAKE ‘LAWYERS’ who are ‘practicing’ in Malawi – PERIOD!

    And WE – THE PUBLIC – DEMAND ALL THE NAMES OF THE ‘LAWYERS’ TO BE PUBLISHED ON THE Law Society of Malawi’s webpage – as was supposed to have happened.

    It’s ENOUGH WE PAY TAXES; It is NOT OUR RESPONSIBILITY TO ALSO POLICE THE LAWYERS and others who serve – AND STEAL from – The Public!

  2. Nchanga wa nchenga says:

    Every institution in Malawi is becoming useless frm the excutive, judiciary, parliarment, MLS, all useless! Since we heard of the 400 complaints involving the lawyers, i dont think we ever heard of the solutions to these complains at all, so what do MLS so if it cant punish its members? It pains me to hear that the Members of Parliament have rejected the ACB amendment bill to trim presidential powers, and yet we are preaching of corruption on the rise

  3. Zona says:

    Ine ndikamva lawyer i associate with kuba/ dishonesty/ exorbitant charges/ womanising and AIDS..

    Not too different attributes to our parliamentarians..nde dzikoli lingapite patali?

  4. Dr Tonde says:

    I demand mob justice on crooked lawyers

  5. Zuze says:

    Alipo lawyer wosaba? Kapena mukuti wakuba pang’ono.

  6. Mkotamo says:

    Akuona ngati walemela iye.10 million ndi ya fanta kwa malawyer amzake .that shame and disrepectiful

  7. bophani says:

    Lwayer wakuba winanso ndi Zeros Matumba. A Law Society Nayeni, msabisane.

  8. concerned says:

    Why can’t the MLS distribute publications containing lists of names of all lawyers who are in good standing with the society every year as the article suggests. They could publish in News papers their website etc. So that much like buyer beware, the public is well educated about who to avoid. A checklist so to say. Just demanding to see a licence is not sufficient. What if a lawyer who is not qualified forges a licence? What does a licence look like anyway? Just my 2 cent suggestion.

  9. pido says:

    Kumangowapha mmmatsenga basi

  10. Make Ma says:

    Ifetu timakudabwani inu a MLS takhala tikumva nkhani zoyipa za Chris Kammayani koma why is he still practicing as a lawyer? Why don’t you revoke his license? Mumadziwana. this lady is not the only one wabera anthu ambirimbiri. Muchite kanthu otherwise chilungamo apa palibe.

  11. Observer says:

    Its a shame to say the least that MLS seem to be a useless body. First, we were told that they had over 400 cases which they were investigating and to date, we have not been told of any progress.

    And maybe the key question is; is swindling of clients’ money not a criminal matter? Why shouldn’t these matters be taken by the police to investigate and prosecute the ‘the thieves’? Only then can the MLS come in to discipline their members. Or if indeed MLS investigates such cases, why don’t they share their findings with the police?

    The message being given here is that the police and the courts are for the other people while MLS is the court for lawyers

    With these developments, one understands why MLS is restricting the profession to CHANCO trained lawyers have gone through the same core module of “How to become a dishonest lawyer”. Many lawyers trained elsewhere are finding it hard to be allowed to practice here in Malawi.

    The argument of unlicensed lawyers practicing in Malawi is another shame at its best. It only shows of lack of proper regulating ability by MLS

    Its a shame of a bunch of professions who steal from their clients and when the law wants to take its course, they will stand to defend each other and walk free once again.

    Shame!!

  12. Wakale says:

    Ma lawyers kuba komaso kudya akazi a eni ndi tiana mtauni mu…ndalama zoziona mutakula kale ndi choncho. Makamaka uyu uyu…ndikuuzani mawa…ameneyi waononga akazi ntaunimu..LL and BT…. Ndiye pali kagulu kena ku LL ku…tingokuonani mupwetekedwa mukazangoyesa azikazi athu

  13. Wakale says:

    Kuba kwambiri ma loya komaso akazi a eni ake kumangoseweretsa plus ana ntaunimu ndiye avulala…makamaka uyu uyu amati ndani uyu ndi mutchula mawa….

  14. Wakale says:

    Lawyers kuba basi komaso kulanda akazi a eni ake…plus tiana ntaunimu tavulala makamaka uyu uyu amati ndani uyu…kkkk..

  15. FFK says:

    Wina ndi Patron Ndhlovu wadya ndalama zaanthu ambiri,We have been to MLS even a hearing were the Solicitor General was present but he is scot free regardless of his own admission and credible evidence kuti wadya ndalama zaanthu,u pipo may back each other kaya munapita limodzi kusukulu but u shall pay before The Almighty God,even if takes a trillion years ,justice shall be SERVED!!!!!!!!!

  16. youna says:

    These days Politicians are much better that Chanco lawyers. Kuba ndi kuchinda too much.

  17. Kamanyani says:

    Koma owe Kamanyani iweeeeee

  18. Zondiwe says:

    The Chief Justice has known for years that some lawyers are dishonest, but the legal system in Malawi keeps shielding such lawyers.
    Lawyers in Malawi insist that payments due to claimants should be made to them (lawyers) who will in turn pay the claimants. Insurers have suggested that they could issue 2 cheques, one to the claimants, and the other one to the lawyer for their fees, but lawyers vehemently oppose this suggestion. We understand that they have even gone to court to oppose this clean and transparent proposition. What it boils down to is that some of our lawyers do not want to act with honesty.
    How can a lawyer worth his name be on the run? How can a lawyer practice without a License? These are strange things going on in Malawi. How can a lawyer who is himself answering to serious crimes in court represent clients in the same court, on similar charges? Malawi is a strange place to be in because unusual things happen all the time and we appear unable to correct the situation.

  19. Victim Sankho says:

    It reminds me of Chinkhoma Trading Centre Kondowe boy who is wheel chair ridden and frequently hospitalized with no financial help after Raph Kasambala swindled him of the money the car owner paid. Where do we run to in Malawi?

  20. citizen okwiya says:

    http://www.nyasatimes.com/2015/02/10/malawi-police-arrest-wife-of-lawyer-on-the-run/

    So the case was first reported in February 2015 and he is still on the run? Are we this useless as a country?

  21. magogolia says:

    There are so many lawyers who are doing such malpractice, and wina ali mu Development house ntchito yake kudya ndalama zaanthu ndikunyenga akazi ayiniake nditiwana, Malawi law society is also just a waste of time and resources because they are doing nothing to discipline stupid lawyers.

  22. therere says:

    Revoke his licence now and must be arrested

  23. Bakayawo says:

    Suzi, tell us which lawyer died of natural causes and not AIDS since 1990? Ndalama zakubazi zikukutengerani matenda. Mukunyentchera ndalama muli nazo. God is punishing you

  24. Bellings Nyamazi says:

    If a lawyer cans fake agreements don’t you think he can do the same with the so called license………useless MLS

  25. Thitherward 'wendo says:

    A man phones a lawyer and asks him: “How much would you charge for answering three simple questions?”

    “A million kwacha,” the lawyer replies.

    “That’s rather expensive, isn’t it?” says the man.

    “It certainly is,” replies the lawyer. “Now, what’s your third question?”

  26. Chambe says:

    Mutuwawira embezzled his clients’ money and he ended up in jail. That was then when it was so serious for a Lawyer to steal. When a thief is caught for housebreaking, what do we do when we catch him? You know that mob justice is a solution.
    Theft is theft and if MLS thinks they are smart, they will one day find that they are fools after one, two, three of their own have been treated by the mob. That will be too late!

  27. Ze Roberto says:

    I would love to see the the content of the syllabus of the law program in Malawi especially at Chancellor College. It seems they have, “How to be dishonest” module in theIr fundamentals.

  28. Mapando says:

    THIS IS ONE OF THOUSANDS OF CASES WHERE MALAWIAN LAWYERS HAVE STOLEN MONEY FROM THEIR CLIENTS. IN VERY PATHETIC CASES ACCIDENTS COMPENSATIONS FOR ACCIDENT VICTIMS WHO CAN NEVER WORK AGAIN, LAWYERS HAVE RUN AWAY WITH THE MONEY. THE CHALLENGE I HAVE WITH THE MALAWI LAW SOCIETY ARE THE FOLLOWING

    1. YOU DON’T PUBLISH NAMES OF YOUR SUBSCRIBED MEMBERS IN THE PAPERS THE SAME WAY MEDIA COUNCIL, NGO BOARD DOES
    2. YOU HAVE NO CLEAR PENALTIES THAT CAN LEAD TO CLIENTS GETTING BACK THEIR MONEY. IN THE CASE OF K 5 MILLION OF ANOTHER PROMINENT LAWYER IT WAS THE COURT THAT ASSISTED THE VICTIMIZED CLIENT

    THERE IS ALSO NEED TO DEAL WITH DOMINANCE OF CHANCO STUDENTS IN MALAWI LEGAL PROVISION. THE REGIDITY IS CREATING MORE CHALLENGES AND VERY COSTLY TO CLIENTS.

    JULY 20 VICTIMS WERE COMPENSATED BUT A PROMINENT LAWYER ATE THE MONEY.

    OUT OF 100 LAWYERS IN MALAWI ON 13 ARE HONEST.

  29. Activist says:

    umbava ma lawyer apa Chanco ndi choncho amakondanso kuchinda ngata ndi mpikisano oti awina Jet,, corruption ndi waninso

  30. Coolio says:

    Wawa ma Lawyer tsopano….

  31. The Analyst says:

    O…………………………………………………………………………………………………………………………………………………………………………………………………………………………O
    Mphini yobwereza imawala . . .
    “Honesty is the first chapter in the book of wisdom.” – Thomas Jefferson

    . . . Suzi Banda is being dishonest hence unwise to assume that demanding a licence from a lawyer would help curb the lawyers’ misdemeanour. Truth is, even the licenced ones, and even the ones decorated with Senior-Counsel accolades; are equally dishonest and may be even worse. Check around!
    . . . Suzi Banda continues to be a lawyer that he is; hence dishonest, when he says that cases of lawyers swindling clients’ money become difficult to handle when the lawyer is not a member of the society. This alibi is jejune and inane! Truth is; many a lawyer who are members do the same but nothing happens to them. And the Society is the first to shield them.

    Thus, the Law Society has no moral right to discipline dishonest lawyers because thieves have no time running after, and catching fellow thieves! Simple!
    ………………………………………………………………………………………………………………………………………………………………………………………………………………………
    “Kill one, to warn a hundred.” – Chinese Proverb

    . . . If only one lawyer was disbarred for being unethical; no one would practice law in Malawi coz almost all would face the disbarment. if any, they would sober up and begin to behave well. Otherwise, the Law Society is a safe haven for dishonest lawyers. And it’s a shame!
    . . . Further, some of these cases are criminal in nature and the Police ought to be involved and the lawyers sent to jail. Sadly, all you can hear is some Suzi Banda making some unnecessary noise, “We shall investigate.” Seriously? What can you investigate? You?
    . . . All because it’s some lawyer, then no police is to be involved? Is this lawyer not a 5-star thief? Very shameful!
    . . . Why then, are we made to believe that no one is above or below the law? when all that can happen to this thief is be investigated by some toothless Law Society?

    Indeed . . .
    “All animals are equal; but some are more equal than others.” – George Orwell.
    O……………………………………………………………………………………………………………………………………………………………………………………………………………………O

  32. MLSthieves says:

    Even those Lawyers who are licenced have swindled millions of clients’ money and the same Malawi Law Society have NOT done anything and some files are missing within MLS offices a clear corroboration with the accused Lawyers. We know what exactly is taking place at MLS offices in Blantyre and this is why we say that can you simply close down this office because its just wasting peoples time with fruitless assistance. You can take your fellow lawyers to disciplinary committee and this further has no benefit to the victim ( swindled clients) since he/she continues sufferings whilst the accused Lawyers continue enjoying themselves driving posh vehicles and with big mansions out of nothing. This professional is best for thieves and Malawi in most SADC countries is worse. Close down this office, I demand forthwith for its helpless to the community. All of them are thieves for they time to time shield each other.

  33. chikopa says:

    This story was already published by Nyasa and no new information has emerged. R U saying Kammayani has been on the run for the last fifteen months? What has Sibandes done since Feb 2015?

  34. Roberto says:

    Lawyers are thieves. Dishonest clients are using these stupid people to swindle your money. Take care!

  35. chigo says:

    maloya ndi anthu akuba kwambiri,akaona ndalama thupi lawo llmagwidwa shock.

  36. Balamanthu says:

    Almost all Malawian lawyers are thieves. We demand that they should be audited and separate client money accounts have a special report.Otherwise, ndalama akugulira ma benzi patawuni pano zikuchokera kuti ndi mmene ndalama zikuvutiramu?

  37. Phwisa says:

    MLS useless. You meant you mean this lawyer has been operating without a license when you are there making your useless ant government noice. Why labouring the public to say they should demand to see license . Do I know how it look like. Can it not be fake one. MLS admit your failure. Stupid

  38. dpp_sapota says:

    koma nde mwatiuza mochedwatu chonde. tavulala kale enafe

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