Chief Justice interferes with forex bureau case ruling

By Nyasa Times
Published: November 8, 2009

MUNLOHigh Court highly-placed sources have revealed that the Chief Justice Lovemore Munlo, SC, summoned High Court Justice Anaclet Chipeta over a case in which the Attorney General wanted the court to discharge an injunction and a stay order forex bureau operators obtained in September to allow them operate after the Reserve bank closed them down.

The sources reveal that Munlo ordered Justice Chipeta to rule in favour of the state “for unknown reasons”, which the Judge did on Thursday.

Justice Chipeta discharged the injunction and the stay order, effectively barring the forex bureau operators from doing business. The matter will now go for a judicial review.

“The ruling on the matter was initially slated for Tuesday, November 3, 2009 but it was inexplicably shifted to Thursday, November 5, 2009. The Chief Justice interfered with the whole matter and one wonders how the Judiciary will function with such cases of abuse of power by its head,” said a high-ranking staff member at the High Court of Malawi in Blantyre, pleading for anonymity.

The Reserve bank closed down the forex bureaus which they alleged failed to partner with Authorized Dealer Banks as directed by the Reserve Bank in 2007.

Meanwhile, the same sources at the High Court have also revealed there is more to the High Court Registrar Dorothy Kamanga’s resignation.

The sources, impeccable in nature, reveal that the Chief Justice had made several “advances” towards the woman registrar who turned him down.

The Chief Justice then developed a harsh disposition towards the High Court Registrar “until she could take no more.”

“He shouted at her in the fashion of a headmaster-pupil relationship. The lady is of high integrity, happily married and could not sacrifice her character because of a High Court job, so she called it quits,” one source revealed.

Kamanga has declined to comment on either her decision to resign or what prompted it.

But Munlo told Daily Times that he is a symbol of change at the judiciary and other staffers who resist change would normally resign

“Where there is change not everybody will agree with you. Others resist to change and some may leave, it’s normal in any organization when there is a change,” said Munlo.

“I am affirmative that is my disposition and may be other people may take that as shouting, then that is their problem,” said the no nonsense Munlo.

Chief Justice Lovemore Munlo’s appointment in 2008 drew much controversy, with the opposition contesting its legality as he was confirmed by a Parliament that had not formed the required quorum as required by law.

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  1. The Adult says:

    Of the two charaters – Munlo and Kamanga, amayi Kamanga has discharged herself professionally by refusing to discuss the reasons for her resignation and the Honorable Chief Justice has disgraced himself by insuating that Kamanga resigned because she does not embrace change.

  2. magnox says:

    BALAMANTHU, What sort of a person are you! where are you maried! are you maried to Tapiwa Munthalika or Duwa Munthalika!Tel me pliz!where is you justification for supporting Munlos actions! Munlo is getting instructions from Bingu to oppress some individuals in the judiciary. What i can tell you is that people are now fed up with Bingus government because of his stupid leadership style! its stinking alot!

    • Balamanthu says:

      Magnox, i am a true citizen of malawi, responsible man full of love for others. Am not married to any daughters of Muntharika neither will i be because am a married person happy both spiritually and finacialy. I don’t support the writting which intended to tarnish the image of others because we hate them. You have to know that Justice Chipeta is offended with this story because it has displayed him as if he is a YES BWANA. What you have to know is that Justice Chipeta uses his knowledge and experience to judge things not persuation by other quarters. He is the Judge that can resign if forced to go against his profession. By the way where did you get the information that Munlo got the instruction from Muntharika.
      It is only people who are power hungry who are fed up with Bingu. When did people go to vote? Why did people vote for him when they were fed up with him? Can’t you see that the fed up people have got a big problem? Magnox, don’t accuse people for the sake of accusing. Sometimes its good to read the mind of writers and find out what are they trying to communicate. Find out what the writer want to achieve in an article. What type of message is in there or trying to communicate and what is the benefit. Is it written in good cause or bad cause. Read again this article and you will findout that its an insult, big insult indeed to say that Justice Chipeta can not do his job on his own, but somebody is the one doing it for him. Its unfair, character assassination to Justice Chipeta. Munlo is the target of the story but look who is offended in this story. Its Justice Chipeta as well as the resigned registra. Lets us call a spade aspade when things are going wrong.

  3. swiswirimbewa says:

    Munlo was just following his bwana’s decree. Malawians should brace for more decrees ahead.

  4. Kholowa M'kabudula says:

    Your worship sir,as chief justice you are a respected figure,so, you need to talk as a highly respected person.You can’t cheat us that a person cannot know what a shout is.Respect pipo so they should also do the same.Remember tomorrow u will be a mare person needing same pipo to hold ur hands.

  5. magnox says:

    Balamanthu, iam also spritually,financially and intellectually independent.Pliz dont speak on behalf of the hon.judge chipeta.looking at the way things are now in this country,it is true that judge chipeta was influenced in one way or the other when passing his verdict on the case.there are so many people who are now under bingus influence,look at the way goodall was forced to comment stupidily on the quota issue!for your information goodall has confessed to his confidants that he had no option other than uttering those words!but his also fighting secretly!soon or later bingu will be thrown to the dustbin and get rotten!yebo!

    • NGOZO says:

      Amalawi tiphunzire kulemekeza Bingu ndi Mtsogoleri wathu tifune tisafune mpaka 2014 tiyeni tidzikamba za nzeru panetipa osati tiwononge dzina lathu ena mukutukwana koma zingowonetsa kauti ndin munthu wotani m’maganizo.Kamlepo ndi nzake Makande pokondweretsa Mbuyawo pa msonkhano awona zakuda dzulo.

      Ndikulira dziko langa Malawi

      When Chilembwe was fighting atsamunda he did not do it for Chiladzulu Orton Chirwa,Kanyama,Gondwe snr, not for the North alone,Kamuzu not for Central alone but for the whole Malawi where we are now free and call our leader names tikupita nayo kuti democracy?

      • NGOZO says:

        Bwana ngati mumawonako zolembedwa pa netipa chonde zisakugwetseni mphwayi pitirizani kutukula Malawi pomanga doko Ku Nsanje,Nsewu wa Chitipa, Chikangawa, Kayerekera mwa yika kale Kagame road, Chipemebere highway. Ma University sakutsekedwa chifukwa chossowa funding,Ma District Assemblies akuyenda bwino,makhwala in hospitals prenty.Musabwelele m’mbuyo chfukwa cha anthu amantha a panetiwa ayi vote alibe kwawo ndi kutukwana atopa okha sangakugwetseni achepa.A forex awa Jus Chipeta knows best how they were frustrating your efforts to ensure availability of forex for importation of farm inputs,Drugs etc.Ngati article yomwe analemba Tukula mu Nation on Sunday ili yowona ndi zomvetsa chisoni kwambiri

      • dan phiri says:

        Bwana Ngozo,
        In as much as I agree with you about need to respect leaders respect is earned it is not demanded nor is it a right. Our leaders must learn to earn the respect from all not demand respect.
        Dan

    • Balamanthu says:

      Magnox, you are still bringing insult to Justice Chipeta. Do you have proof that he was influenced? How long has justice Chipeta served in the judiciary? Were all those years being influenced? Am not speaking on behalf of Justice Chipeta, but if you may have a chance to talk to Justice Chipeta , he will tell you this story is character assassination. Do you know the reasons why medias houses are taken to court or withdraw the story published. As an intellectual you should know that some stories do more harm than good.As i said beforeread writters mind always.
      Just to remind you that Goodall spoke of his mind he refused to be influenced to quote from you by people. I don’t believe Goodall can confess to the so called confidants. If he is fighting secretly , well its up to him may be because he has been influenced or threatened by regional mates not home mates.
      I would like to thank you for you like to discusss issues in a civilised manner. This is what we want to promote Nyasa Times. Good day.

  6. adam smith says:

    it seems you really can fool some people of the people all of the time

    • Balamanthu says:

      Nobody is fooling anybody. It is the matter of interpretation of things. If you can not know that some stories that are meant to turnish other people can bring more harm than good you better know it. This article has made more damaged to Justice Chipeta than Munlo. It has brought low self-esteem to the learned and respected judge and beloved son of malawi.