Malawi Law Society ponders on Kasambara:  Judge Mtambo ‘maliciously witholding’ judgement?

Malawi Law Society (MLS) is waiting to get hold of the  judgement  by High Court judge Micheal Mtambo which he delivered last month convicting  former justice minister Ralph Kasambara, before  making a decision to struck off Kasambara from the list of accredited lawyers to practice.

 Kasambara hinted at the possibility of appealing against the verdict,

Kasambara hinted at the possibility of appealing against the verdict

Judge Mtambo convicted Kasambara alongside his two co-accused—Pika Manondo and Macdonald Kumwembe—on the charge of conspiracy to murder former Ministry of Finance budget director Paul Mphwiyo.

Mtambo also found Manondo, a businessperson and Kumwembe, a former Malawi Defence Force (MDF) soldier, guilty of attempted murder in relation to Mphwiyo’s shooting on September 13 2013 outside the gate of his Area 43 residence in Lilongwe.

But the law society president  John Suzi Banda said the body wants to peruse through the written judgement before it makes its decision.

The judgement which is supposed to be a public docement is not yet in the public domain.

In other high profile cases, High Court such as the convicton of cashgate kingpin Oswald Lutepo, the  judge gave reporters the same day he delivered it as well as soft copy was circulated the same day.

But in the Mphwiyo shooting case, that was televised, the Judge  says is writing  the judgement.

“One wonders what the judge was reading then. If it was in long hand (which is very doubtful as the judge had highlighted printers papers) surely can it take more than a day to type and edit a judgement that was read for less than an hour and half,” said one lawyer familiar with circulation of judgement.

He said the convicts need to access the Mtambo judgement so that they can commence appeal process and prepare skeletal arguments that goes with notice of appeal.

“The right to speedy trial includes a right to receivie written judgement timely,” he said.

Judiciary sources says Judge Mtambo is now struggling to write  a sound judgement that will stand the test of proving a case beyond reasonable doubt.

Others suggest Judge Mtambo is “maliciously withholding” the judgement so as to punish the convicts by delaying their commening appeal process.

But law society president said they don’t want “piecemeal reactions” until they see the judgement.

Judge Mtambo set August 22 as the date for hearing of submissions of mitigation factors before it can pass jail sentences.

But legal critics queried Mtmbao: “ When are you receiving evidence for sentencing purposes as required by section 321J of Criminal Procedure and Evidence code, Cap. 8:01.”

Kasambara claimed after being convicted that the trial was “staged” and that Judge Mtambo was “comprimosed”.

Under the Penal Code, the offence of attempted murder carries a maximum sentence of life imprisonment whereas conspiracy to commit murder attracts a maximum jail term of 14 years.

Follow and Subscribe Nyasa TV :

Please share this Article if you like Email This Post Email This Post

More From Nyasatimes

More From the World

13 thoughts on “Malawi Law Society ponders on Kasambara:  Judge Mtambo ‘maliciously witholding’ judgement?”

  1. Joel Nyirongo says:

    why is Malawi Law Society interested in this case since they said that Kasambara is not a member?They already released a list of lawyers which excluded Kasambara, so what are you upto?

  2. Will Never Go Back To Nyasaland says:

    So all our prominent politicians from Nkhata Bay will end the same difficult way. Orton Chirwa, Aleke Banda and now Ralph Kasambara. This hurts so bad. I hope you our colleagues from other parts of the country know this. We are also Malawians.

  3. kenneth saiba ngwali says:

    Inu musiyeni Mtambo ndi munthu ophunzira komanso ozindikila odziwa bwino ntchito yake dnt discredit judge Mtambo plz no u r Law society President I dnt leave Mtambo alone bcz u r not a judge oky do you to tell Malawians that Ralph Kasambala he cannot be arrested?Who is Ralph? Don’t take us as fools plz we r all Educated

  4. Non Aligned Movement says:

    To all my people of Tonga descent, please refrain from Malawian politics. It is not for us. Let’s just work hard in our professions and careers. Orton Chirwa struggled to have Kamuzu accepted nationally and and to eventually cease power from the colonialists. But later the same Kamuzu jailed Orton on frivolous charges.

    Then came Aleke, who was the brain behind Muluzi’s election in 1994. But later dumped like a used plastic shopping bag.

    Now as if in a dream Mayi Joyce Banda had nobody to lean on when the midnight owls wanted to snatch power from her except for Kasambara. Yet today all including Mr Mtambo have ganged up against him.

    Until at such a time we are also treated equally as fellow Malawians, I would humbly plead with you folks to stay away from positions of influence in Malawi politics. They only need us when they are in trouble.

  5. Tadala Themba says:

    If the judgement was hastly written and he is refining it , so was this document- who is Judge Mtmboa and what language is ‘comprimosed’

  6. chalo says:

    Whats the fuss about this judgement. You may as well get a video recording of the judgement and commence your skeleton arguments. I dont think the written judgement will differ in substance from what was pronounced in court.

  7. The Analyst says:

    O………………………………………………………………………………………………………………………………………………………………………………………………………………………O
    Why is the Law Society in such a hurry to disbar Kasambara?, or they think he would be practising in jail?
    . . . why not wait for judgement on 22 August, and perhaps the outcome of the appeal process?
    . . . nanga if you disbar him now and, God forbid; the appeal favours him; will you not be looked at as confused maggots trying to reverse this? What happened to organisation of mind and patience?
    . . . if judgement on Lutepo’s case was available the same day, is it illegal to have variations in timimg for availability of judgements? in cases which are different? in time and space?
    . . . Truth is, the Law Society’s intentions (for want of the judgement) is not to disbar Kasambara (as stated); but sympathising with him, thus trying to give an impression that Mtambo is being unjust.
    ………………………………………………………………………
    But I wish people could stop guzaniza mosiyira panjira . . .
    . . . Otherwise they would stop sympathising with Kasambara and the reporter would give us a break trying so hard to create an impression that there is injustice being done to Kasambara.
    . . . And even if it is the case that there are remote elements of injustice to Kasambara, should any well-meaning Malawian worry? If it’s justice which people are looking for, was it just for Kasambara and friends in crime, to steal our monies? and to want to butcher or slaughter Mphwiyo so as to erase all evidence (for their evil acts) or just to punish him (atachenjeretsana kugawana ndalama zomwe anatibera)?
    . . . Now, what is justice for such unjust people if not injustice? Who doesnt know that justice for a person who is unjust is injustice? And justice for a person who is just, is justice? Thus, that justice done to unjust people, is injustice?
    ……………………………………………………………………..
    Let Kasambara’s wife, girlfriends, friends, children and relatives (who benefited from his ways) worry about Kasambara. But when the rest of the nation (which was robbed of its monies) joins in this melody of mourners, then palpably, we are a people of questionable moral standing and this is a cause for worry.
    O……………………………………………………………………………………………………………………………………………………………………………………………………………………..O

  8. Mgonapamhanya says:

    Azingopita kundende awo asatinyansepo apa. Who are they? Super humans? My foot!

  9. daniel mapulanga says:

    Let me predict now,he will be acquired and be a freeman during judgement day

  10. International Observer says:

    To my understanding I thought cases and judgements are managed and punishment meted by one Judge at a time unless there is a provision of a Jury, who apparently decide based on the hearing then at least people can procrastinate in any manner they choose. This issue is not yet over and the courts have unfinished business. In such a case I find it very unprofessional and out of order for the other Lawyers to begin giving their suggestions on an ongoing case because doing that will compromise a fair judgement, be it the sentencing being light or the accused getting a stiffer sentence. Is it not mentioned that cases before the courts shouldn’t be discussed to avoid prejudice? What qualifies this one to wear a different coat?Unfortunately all this talk is originating from the very qualified species of the trade.This and many more malpractices is what is bringing the country’s reputation into disrepute. Leave Mambo alone and when your time comes to wear his shoes you will be free to interpret the law intelligibly and possibly be included in the Guinness Book of Records. Whether Kasambara is your friend or not is neither here nor there. Let the LAW take its course.

  11. Hyenas Everywhere says:

    Mtambo is playing hyena rituals with the Malawian justice system.

  12. Bob says:

    That’s rubbish. Even a layman knows that a judgement is handed out soon after the judgement. the question remains what was this Mtambo reading then? Or was he just reminiscing?

  13. Chikopa says:

    Malawi Law Society already released a list of lawyers which excluded Kasambara. Nkhaniyitu ndiye ndi Ndowe. Judgement will be delivered in Feb 2017.

Comments are closed.