Malawi Magistrate who ‘couldn’t resist’ grabbing woman’s boobs acquitted : To be reinstated

Mzimba District’s  third grade magistrate  who was  arrested last year December charged for allegedly caressing a witness’s breasts  and groping a woman’s buttocks after testifying in court has been acquitted by High Court in Mzuzu.

Judiciary spokesman Mlenga Mvula:  The Magistrate will be reinstated after acquittal

Judiciary spokesman Mlenga Mvula: The Magistrate will be reinstated after acquittal

Judiciary spokesperson Mlenga Mvula said  Tobias Sibale, 52, from Temwamkondo Village, Traditional Authority (T/A) Wenya in Chitipa District, who  is stationed at Emcisweni Court in Mpherembe, Mzimba has been acquitted on charged of indecent assault of a female contrary to Section 137 (1) of the Penal Code.

He was arrested last December when a 22 year old married woman Patricia Jere of Solomon Village, T/A Mpherembe in Mzimba complained of indecent assualt but he denied the charge.

The woman went to testify at the court in one of the cases that the magistrate presided on.

The magistrate later allegedly called the witness to his office where he is alleged to have congratulated her on the testimony in court.

Police spokesman for Mzimba Lingstone Kanjaudzu said  woman said the Magistrate touched her boobs and grabbed her right buttock.

The Magistrate reportedly told police that he touched the woman’s rear end because: “Her booty looked so good” and he couldn’t resist touching it.

The magistrate’s court then discharged the case instead of acquitting Sibale, a development that forced Sibale’s lawyer George Kadzipatike to apply for a review of the lower court’s decision in the High Court.

Mzuzu-based High Court judge Dingiswayo Madise acquitted Sibale, arguing that the lower court misguided itself in discharging the matter without acquittal.

“I see nothing wrong which could have prevented the lower court to exercise its powers under Section 249 Criminal Procedure and Evidence Code. I hereby review that order and proceed to make a finding of the acquittal,” said Madise in his determination

Judiciary spokesperson said Sibale will be reinstated since he has been acquitted. Sibale comes from Temwankhondo Village, T/A Wenya in Chitipa

 

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14 thoughts on “Malawi Magistrate who ‘couldn’t resist’ grabbing woman’s boobs acquitted : To be reinstated”

  1. Racist McTumbukaFace says:

    Anayambitsa zogwira mabele ndi Chikumbutso Mtumodzi. Ndipo anayambitsa zoti umenewu si mulandu ndi stupid drunken magistrate Ernest Chimwembe.

  2. chikopa says:

    Uuuuhmmmmmm! Kodi nkhope ya Judiciary ndi imeneyi? Chifukwa chani Nyasa ndi Nation Publications amakonda kiwika nkhope yonyasayi? Kodi ndi kutukula akwawo? Daily Times sichinawo izi. Rarely do you hear other spokesperson ngati Kasunda wa ku Blantyre City Assembly, Tamara Chafunya – Lilongwe City Assembly or Charles Vintula.

  3. chikopa says:

    Koma yeah! The woman dropped the charges? She was forced to do that without being paid. Those guys must have threatened to arrest her husband or close relative through false stories if she had not withdrawn. I can assure there will be another July 20 but for Judges and Magistrates as well as lawyers to dance as they think they are better than or of us. Its sad for Malawi. Kodi Law Society of Malawi muli kuti? Nanga Mayi Kaliyati muti nji? Nanga Kholiwe Mkandawire and Seodi White mutotani?

  4. gringo says:

    KOMA ATUMBUKA

  5. moses says:

    Nyasatimes before you publish ur stories please research well and give us(readers) full picture of all the facts and issues considered by court to arrive at such decision. For example: what was the charge in the magistrate court, brief summary of the testimony of principal witnesses and the decision of that court backed by citation law relied.

    The issue in appellate court and the position of that court and its reasons for deciding along such lines.

    If u r not conversant with these legal issues please consult, from a person who is not interested in the case to advise u. I don’t get the story from the person who has lost the case only.

  6. john Telford says:

    The easist way to settle with this magistrate is to kill him simple as the . Catch him alone OMING THE TOILET OR COMING HOME FROM WORK OR BAR AND BEAT HIM PROPERLY . Same with the judge put the fear of god in him. he will resign and run away

  7. Masozi Mwenifumbo says:

    Woe to you who twist justice, and call good evil good, and good evil, and oppress the poor in judgement. Woe to you who receive bribes and turn away justice from the deserving poor in favour of the high in status, the rich etc!!!!

  8. Munthu says:

    Nkhani iyi nde mwayilimbikilatu hope a Nyasatimes you are happy now , somebody has been acquited not discharged so what

  9. inayake says:

    Judge Madise is very corrupt. The statement the accused gave to the Police was reason enough, but knowing the likes of Madise handling any case if you have money things will work in your favour. Even the Chief Justice has acknowledged many complaints and rumours surrounding the Judge. But then again, this Malawi. Madise will always rule in your favour if you have money.

  10. DADA says:

    NO RESPECT FOR WOMEN!

  11. The Malawi judicial systems is completely rotten. It is full of crooks and injustice people. Stupid judiciary system. Go to hell and you will all perish agalu inu. Mitu yokhotayo and kuda ngati pa nyini.

  12. Issa Kabudula says:

    The issue of Mlenga Mvula judgement; my friend who is doing law at one of the universities in RSA once told me that, there a number of laws which are not applied to people who went to school (the educated).
    I tried this recently when I was travelling to Malawi by bus from Durban, its obvious that you must change the bus at the Park station in Johanessburg. Since 2010 the Park station is filled by both rouge police and the best ones. i had my small bag with me and some passports of relatives who once were deported to Malawi, and a bag of another relative – where its content were of less known to me except that of soap and kids clothing as I was told.

    When the 3 police men stopped me to search I opponed both bags, handed them my ID. I received a lot of question from how I got the ID to why some of the bags got cell phones without receipt? Then I remember the lawyer friend advice – i produced my Unisa student card and handed it to one of them, immediately they spoke their language and left everything for me to repack and off they went while calling for my surname.

    The above case of fondling and touching a woman or a girl body – for a poor man like me it would see in rot in jail – not as an abuse but an attempt rape – which can take close to 10 years imprisonment – but a lawyer, its easy palibe milandu bwana, and come back to work, you see another woman touch hard…….

  13. Geghis Khan says:

    Another sad day in Malawi justice system and women all over the world. Imagine if the woman was your wife, daughter, sister or mother and the man who assaulted is let free because he is a judge. I cant wait to catch you in public your excellency, man to man.

  14. Malemba says:

    Judges & magistrates be free to touch our spouse’s boobs because earthly judgement is in your hands. But God is Almighty.

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