Malawi men can’t leave their phones to wives – Judge Mtambo

Malawi men do not leave their mobile gadgets to be accessed by their wives , apparently for fear of snooping, this was observed in a recent court ruling made by Judge Micheal Mtambo.

High Court Judge Michael Mtambo

High Court Judge Michael Mtambo

“My own view is that cellphones are personal to holder and are not given to spouses for the obvious reason that the communications are personal,” stated Mtambo in the shooting f former Ministry of Finance budget director Paul Mphwiyo.

“The average Malawian man will not want his wife to have unfettered opportunities to intercept some private calls as this brings family disputes,” the judge added.

It is legal to snoop in spouse phone¸ Snooping usually reflects a spouse’s loss of trust. And that loss of trust is usually caused by red flags.

Former Justice minister Ralph Kasambara was found with a case to answer on the charge of conspiracy to murder but was exonerated in attempted murder charge.

The court found Pika Manondo and Macdonald Kumwembe—with a case to answer on attempted murder and conspiracy to commit murder charges.

The judge made the observations on the phones as the call logs submitted as evidence from Airtel Malawi influenced the decision to have Kasambara, Manondo and Kumwembe remaining on the conspiracy to commit murder charge sheet as it showed that the three were constantly communicating prior to and after the shooting occurred.

Kasambara sarcastically described Mtambo’s reasoning on Airtel call logs as ‘new principles’.

The Judge pointed out that although Kumwembe said he was in Mozambique at the time of the shooting, Airtel evidence puts him in Lilongwe on the day of the shooting.

In cross-examination, it was implied that he left the phone with his wife, but Mtambo said “it is an unwarranted stretch of the mental faculties to fathom that the wife would in the absence of the husband be criss crossing the country and communicating with friends of the husband immediately before and after the shooting of Paul Mphwiyo even at odd hours. “

He said the case of the top government or company official who gives their phone to a personal assistant to attend to official calls is a different matter.

“You would not expect the personal assistant to be calling friends of the boss incessantly in the wee hours of the night as was the case at hand. The most they would do is to receive calls and keep a tag of the messages for the boss to attend to when available.”

Mtambo stated that the submission that the call logs are not evidence of a conspiracy because there are no voice recordings is a “ hollow argument”.

He said: “ Would one expect Airtel to be recording its customers’ conversations in the light of the heated litigation that arose with the introduction of the so called spy machine? Obviously not. “

Mphwiyo was shot at the gate of his Area 43 residence in Lilongwe on September 13 2013.

Businessperson Oswald Lutepo, Robert Kadzuwa and Dauka Manondo were acquitted in the conspiracy to commit murder charges they were facing

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49 thoughts on “Malawi men can’t leave their phones to wives – Judge Mtambo”

  1. Nyopex says:

    Coz some ali shit and some violent.

  2. Abiti says:

    Zamkutu mesa mayi aja amati ndi mbon yaikulu akuziwa amene adawombera mphwiyo?

  3. Kenkkk says:

    It is all good to use common sense but in a court of law that is not admissible. Common sense must be backed up by facts, exactly what happened to be effective and acceptable in a court of law.

    What matters is the actual conversation but unfortunately that evidence is not available or not allowed to be tendered due to human rights violations.

  4. IDA cHIGALU says:

    olo pliz dont dare to call or text phone is with achemwali anu kunyumba

  5. IDA cHIGALU says:

    Pamabwera ma message oti I hve forgotten my phone ndi galu uja

  6. Mr.Kasamba,lapani machimo nthawi ndiyomweyi

  7. Zanga Phee! says:

    If it was somebody typically from the village the judgement would have been ruled out this case adding to say we want other should take example from him.though he pleaded to say his wife is pregnant and he is an orphan aswell.But for Kasambala you will see up to next year believe Me.See my Name.

  8. zaluma says:

    As a professor of Law at Harvard University in Boston, USA and a fellow Africa, I find the reasoning of the Learned more balanced but it cannot conclusively state that the people calling each other were the same persons shot Mphwiyo unless certain principles of laws are utterly ignored or done for the purposes of elimination. Logic inform us that an explanation that is convincing and undisputed is that common sense cannot dispute. As many people are coming with different interpretations, it shows the argument is not substantive. I rest my case

  9. Jelbin mk says:

    It is completely not true that someone had left his cell phone with his wife because the communication itself showed that these people were communicating at lengthy durations,if indeed I left my cell phone with my wife I expect my friends to talk for less than a minute to my wife because they may not have expecting my wife to answer the phone therefore they will ask about my where about and leave the message if necessary which would take less than a minute or so but with the case at hand th durations were at lengthy implying that the communications were not an isolated incident but a well timed and planned one. Those accusing Mutambo on his observations are only doing so because they are having difficulties understanding the queen’s language because the judge is very clear, he said cell phones are personally owned item meaning are meant for individual usage not for family usage as a land line is whre every family member can pick up the receiver as soon as it rings. Here in South Africa they even introduced RICA where you register your mobile number with an identity document such as a national ID or a passport so that any transaction of any kind on your mobile you are held 100% responsible. In other countries a wife or husband can even be sued for tampering with his/her partner’s mobile phone because it bleaches the individual right to privacy. Others are confusing murder and conspiracy to murder, conspiracy means influence it is a charge levelled against a person who influences someone to committing a crime.

  10. Mthandeni says:

    This morning i went to toilet to dump and 3 minutes later i realised that have left my phone in the bedroom and my wife was fully awake then i stopped everything went back to bedroom to take my phone.inu kumasamala phone ndi moyo

  11. Judge Mbomta says:

    Judge Mtambo – Borrowing your line of thinking: Many men can’t have sex with their biological daughters-if you were presented with a case that a father had sex with his daughter,what would be your judgement? You have to present facts that are admissible in a court of law,not the way you are thinking.

  12. Namagaitsa says:

    Azimayi ndiye worse! Sangayerekeze dala olo half kusiira fon achamunawo, banja litha tsiku lomwelo!

  13. Aaron Nsena says:

    I respect ur observation judge. This guy called raph thinks he is the most intelligent of all the malawi population and thinks he can ran away with whatever he does. Corner him, he derseves behind bars.

  14. decent husband says:

    Izo ndi mbavadi zikwizingeni but don’t generalise the situation that Malawian men do not leave their phones to their wives.Its not everybody.I leave mine to my wife ndipo amandithera airtime yonse gossiping to her friends that im poor in bed despite having alot money.Pano sindizamusiyiranso phone.

  15. Kaya Vinu Vo Mumalanengi Mwija says:

    Pachitonga munthu tikamati ndi mtambo, timatanthauza munthu wanzeru. I think Judge Mtambo is intelligent. Only that this case is being weakened by the prosecutors themselves. They don’t have material evidence to support the supposition Judge Mtambo is putting across.

    Probably that is the reason Kasambara is crying foul, as it seems like the judge’s (ifs) are aiding the prosecutors.

  16. masuku says:

    panopa onse amene akubela boma kapena kupanga zakatangale aphedwe basi. ausokoneza dziko. kudos Mtambo

  17. Standwell says:

    If you do not leave your cellphone with a wife for fear of snooping, do not think that everyone does that. He should not generalise that because he has a cheating problem and cannot allow a spouse to use a cellphone even to snoop, then all Malawian men have a cheating problem.

  18. Emelada says:


  19. change goal says:

    Wakumana nazo! Lero waziona! That song by nsaku

  20. zenizeni says:

    Okupha aphedwe nkazi wako ankatanani ndamuna aeni ake nthawi yolakwika ngati imeneyo shatapu tiye uko bruto iwe ufe basi

  21. Chopwicho says:

    Ine ndinabwelera pa Ntcheu nditazindikira kuti ndaiwala foni!

  22. jcjcjd says:

    The call log is irrebutable evidence even someone who isnt an expert knows that.

  23. Beloved says:

    Just finish the case and let the law punish him to the maximum

  24. abale samalani says:

    This one is not a real judge,how can you conduct a research on one person . Stupid . If you don’t leave a phone to your wife then its you. Don’t come up with a conclusion based on kasambara issue

  25. nyayo says:

    I respect my judge. Keep up.

  26. chaiwone wawo says:

    There is no error in Mtambo’s reasoning. he said an average Malawian Man cannot leave his cellphone with his wife. He is 100% right. He did not say all men, there are some men who are not average Malawian and they can leave phones with wives. Ask wives they will tell you it is true men are protective of phones. that aside i want also to say there is merit in what Mtambo says that these thugs were not out of the country. we cannot fault that argument Mtambo has raised. perhaps those of you who feel it is a weak argument have not understood it.

  27. MJIBA says:

    i am beginning to like this Mtambo Judge. he is not afraid to set new principles in delivering justice. i wish you were the sitting Judge on the case of the convicted principal secretary lady wakuba uja. the lady judge allowed herself to be misdirected and knowingly inorder to defeat the ends of justice presided over a theft case when she should have corrected the charge to read theft by public servant end result three years zoona kutukwana a Malawi kumeneku SITINAYIWALE TSIKU LAKE JUDGE AMENEYU AZAVUMBULUSIDWA. Kudos to Mtambo osamasekelela akuba ndi akupha chifukwa choti ndi olemera kapena muli nawo kumpingo umodzi olo munaphunzira sukulu limodzi

  28. moto mwikho says:

    Stop Press: One cannot be found guilty of consipirancy to murder but be exonerated of the actual murder. Conspiracy qualifies one as an accomplince

  29. i love prostitutes says:

    simukunama a judge. olo ine phone sindingasiyile nkazi wanga. mwachuluka ma smoke ambili. ndi chifukwa chake phone iliyonse ya mamuna wachimalawi mumakhala “abusa, osman, wa zovala, butcherman kapena wa taxi.” ma codename a tima girls tathu amenewo.

  30. Achimidzimidzi says:

    Judge Mtambo (Mr. Cloud) is right. Common sense should apply. Who can believe these guys can travel without a cellphone?

    They are kidding. That’s what Chanthunya did with the Zimbabwean about the stamping of a passport. And may be its the border post. So that is not proof that someone was outside the country. Tiuzeni zoona!!!

    For Ralph, yes these are ‘new principles’ and common practice.

  31. Mbanangwa says:

    I am also learned in my field. However, judge Mtambo has no logic at all. He is basing his argument on a hypothesis of presumption and conditionsl (if) .This is immaterial. This is not evidence to be tendered in court for argument. What a silly -weak and sloppy ground for conviction. Even a standard 8 chap will laugh at it scornfully.

  32. Kakado says:

    Truly something fishy must have happened, and Mtambo’s reasoning is really genuine. Chilungamo chikubwera pang’ono pang’ono….. tiyenazoni

  33. mdk says:

    Mamuna angapite kunja ndikusiyila mobile yake mkazi wake kuti aziyankhulana ndi anzake a Mamuna wakeyo late hours?chamba chani?Only a truly dull person can take this as a fact kkkkkkkkkkk

  34. King Zude says:

    Mtambo the DR,take those stupid idiots head on,Kasambara amazitenga dolo kwambiri teach him a lesson or two,infact Kasambalayo angalole Mkazi wake kumalankhula ndi azinzake even at those odd hours??Puninsh Dr Mtambo,no ti,e to waste they really committed a crime..La 40 lakwana Raphael..kkkkkk.

  35. Aristotle says:

    There’s an error in reasoning by our good honorable Judge to say that a Malawian man cannot leave his phone to the wife! Did d Judge conduct a private research on Malawian families? To me dats just an assumption which lacks validity and can not be used in a court of law!

  36. zakusimba says:

    Mambo is not an Angel himself.

  37. ADE says:

    stupid. my phone is not an issue, my wife has accces to it. do not demonize men you idiot.

  38. CHEKUCHEKU says:

    Koma Mtambo Is A Real Judge Amwene. Na Uyuyu Amafunika Judge Ngati Ameneyi. Bravo Mtambo We Want This Mafia To Be Locked By Tenth Of June. Tatopa Ndi Kumva Za Iye Abale. Odiiiiii Ukooooooooooooooooo!

  39. Member says:

    Ralph Kasambala is trying to undermine judge Mtambo’s integrity. He thinks he is more cleverer and intelligent than all the judges in Malawi. But I am happy to learn that there are some able minded judges like Dr Mtambo. I prey that he should not lose focus and be swayed by these mafia lawyers. Its only logical that a sane man can not allow his wife to be interacting with his friends and to be gallivanting in the middle of the night whilst he is away to Mozambique. I think the wife should also be interrogated on this matter. Did she really move out of her matrimonial home on the said night? Somebody should find out from her kids or neighbours. Kudos Mike.

  40. Malawi wavuta uyu!,nkhani zangoti thoo!,kumabwalo amilandu, how long shall we cry looking for justice????, Ooh!, my God!!!!!

  41. kamale says:

    Mtambo is logical, Kasambara and friends it seems the end is near. Lol!

  42. Kwangwagwa says:

    Kodi Mtambo ameneyu ndi uja amati Dr. Michael Mtambo kapena udokotalawo ndi wa honary? To me, his reasoning does not befit that of a lawyer; let alone that of a judge. This man must be dull.

  43. Jimmy juga says:

    The observation by mtambo is genuine and a fact. The suspects are conered to apply mafia tricks.that is why he wants mtambo out.

  44. John says:

    if kumwembe lied that he was in Mozambique when mphwiyo was being shot, then he must have forged his passport to which he should be answrrable

  45. mwana mulopwana says:

    Thumb up Justice Mtambo, you are now using common sense if all the judges could a bollow a leaf from you , zitha kukhalabwino

  46. thumbwe man says:

    Not Ralph please, Raphael Kasambara from Nyambadwe and not Nkhatabay where accidentally tried to win a parliamentary seat bt pipo realised he was from Blantyre and ddnt vote for him. A very devoted catholic and once Mphakati chair for Nyambadwe ward in the St Montfort CI Parish, eeeeesssshhhiiiiii. Kuphunzila konseko Raphael so bad character! I used to look at you closely in your glasses ever since, WHY? Your Path Adder eyes and your stammering wording, real sneak. La 40 lakwana.

  47. Nachanza says:

    Waitha Mtambo

  48. zaoneka sizi says:

    za ce kamanya anatofa nkazace kumusiya kukamwa pululu. zinyandani ndi ma foni,kuculuka zibwezi munya .azikazanu azidya khusa inu atakombelani

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