Prof Kamchedzera bemoans legal malpractices: ‘Malawi lawyers falling short on ethics’

Malawi is experiencing the dwindling of legal standards; this has been observed by Professor Garton Kamchedzera in the department of legal studies at Chancellor College, the constituent college of University of Malawi.

Prof Garton Kamchedzera

Prof Garton Kamchedzera

Kamchedzera said the dwindling of legal standards in country that is marred with greed and materialism.

He said legal practitioners are more interested in money making than serving the public who are in dilemma seeking justice.

Kamchedzera made the remarks Friday May 29, 2015 during the sensitisation conference in the capital Lilongwe which Malawi Law Society (MLC) organized for legal practitioners aimed at highlighting emerging issues in ethics for possible transacting of business with the public interest.

“It very embarrassing and hurting to hear that some of my former students are implicated in dubious deals which has lowered the public trust on legal practitioners in the country which is one of the oldest and noble professions worldwide due to greed and hungry to make money fast,” the law professor said.

He titled his presentation: “The salient features of ethics for the Malawian lawyers: Emerging issues in ethics”.

Kamchedzera said: “Legal professional is a calling from GOD; so, competency and compliance to ethical values complement the sector to serve the public. Legal practitioners are supposed to bid by that, otherwise, we are not helping the already rotten society which has lost its cultural values. Therefore, we must be vigilant in reversing the country’s moral values through our decisive attitudes and behaviour when executing our work”.

Of late there have been claims of ‘judge-shopping’ in the judiciary which newly confirmed Chief Justice Andrew Nyirenda has vowed to deal with any attempts of ‘judge shopping’, saying the malpractice defeats the objective of justice .

Attorney General Kalekeni Kaphale has since assured that government will protect its citizens from any injustices or legal malpractices.

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16 thoughts on “Prof Kamchedzera bemoans legal malpractices: ‘Malawi lawyers falling short on ethics’”

  1. Joseph Banda says:

    JUDGE SHOPPING IS THE DIRECT RESULT OF JUDGES FAILING TO MANAGE JUSTICE

  2. Antchona says:

    I cannot trust any Malawian attorney with anything. They operate from run down offices and most of them cant speak fluently and are quite honestly a bunch of crooks. May be, this a sweeping statement but most of them are, and they need to polish up their image. Professionals in position of trust need to be honest and i agree with the professor that most of of our attorneys’ ethics fall so so short.

  3. hawa says:

    Revamp the system. They lack ethics because the system backs them all the time

  4. Chikopa says:

    Empty words from the Prof. Lawyers are the most pompous bastards on the land ati “Counsel” when greeting each other – za ziiii! Kufuna kubera wandu ati My Lord talking to fellow human being. Tiyeni tisiye za azungu ndikupanga zathu. Lawyers are known as womanisers and they need to steal money from clients to satisfy their stupid libido.

    Prof my advise to you is that Law Degree is property of UNIMA. You should set up a body to investigate bastards and confiscate your degrees so that they cannot practice law in Malawi – that is the only way to deal with Ethics otherwise you just wasted UNIMA’s money in form of fuel and allowances to make useless presentation in Lilongwe. Ndapita.

  5. Shushe says:

    Its not that our lawyers r poorly trained but they r just taking advantage of a disadvantaged society. They r well trained but irresponsible. Well trained but work mercilessly like vampires. Our lawyers r a butter cream but dealings stinks like pus from a chronic abscess. But they believ they can change bcoz they are emzymes fo social justice.

  6. mbewe says:

    Malawian lawyers are poorly trained and wrongly impacted with corriptly knowledge and that the result. Bwana Garton dont be surprised and push the brame to lawyers alone u huv to correct urself lecturers on the matter. Ur we truly training right material with ethical thinking. You are trying to shift the mess instead. Tackling real problem. In chichewa theres an adage that says chonona chimachokera ku dzira. In this case lecturers are eggs and these scripurous lawyers are the resilts from an egg. So please dont cheat the its u lecturer contrinutimg to this mess.

  7. tchadiwiki says:

    99% of the lawyers give the rest a bad name

  8. Wisely says:

    Dr Kamchedzera, you are training thieves, the so called lawyers are oppressing the poor,the orphans and you are promoting corruption by protecting the corrupted politicians and the rich. Justice,justice chani apa, my foot.

  9. observer says:

    The profession has really been muddied by crooked and greedy lawyers.Most of them earn a living by lying.Its no longer a calling,probably a calling from the devil.Most of the lawyers are indeed a shame in Malawi.There is no integrity in them.

  10. Mama says:

    Dear Dr. Kamchedzera,
    Here is my 2 penny worth.
    1. Respect the law of demand and supply as my colleague already said. Speak to business majors they will enlighten you on this.
    2. Adopt the 12 juror panel system. An average person in Malawi has a better sense of judgement than the so called lawyers.
    3. Revisit your laws for uniformity especially regarding crimes that are frequently commited ie stealing, rape, murder, embezzlement. Make it easy for a lay man to know simple stuff like, confirmed rape on a minor, let’s say 10 years and that should be uniform for all districts. Or stealing 1 to a maximum of 5 chickens then you pay let’s say 10,000 Kwacha. This should also be uniform.
    4. Also revisit on where you give bail to murder suspects. Keep both the murder and the suspect in jail. Until proven guilty when someone is dead should not work on all cases.
    5. If we do have a righteous man among our judges please seriously toughen the law on all rape especially someone minors. Everybody is screaming and yelling each time we hear a minor has been raped but no real action is being done. Rape on a minor is more than murder. After all most of these rapists have the deadly virus. Please we need sanity. We are like a rotten nation. Let’s love these kids regardless of whom they are. We are one people and indeed a brothers keeper.
    6. Set average charge prices for both government and private practicing lawyers. You may set charges by the hour or a flat rate per type of case per level of qualification may be or if this is complex them make a flat late for the day.
    7. Prosecute lawyers just as you do with cops or lay people. Do we even have one of you incarcerated? Seems like you are all innocent and the worst you get is bail.
    So Dr. We will take you serious when we see some of those students you are talking about behind bars. We need action. Everybody can talk and talk is cheap. I thank you very much and I rest my case.

  11. oga chijoke says:

    Viva Lord Garton! Jeso kumachonga boo!

  12. dalitso says:

    Increase the in take of law students and that will increase numbers of professional lawyers. It is simple calculation, demand and supply has been driving the seat for long and lawyers take advantage for they are aware that they are few and millions of malawians needs their services. Increase intake, simple.

  13. Namatchaitsa says:

    Maloya onse a pa Flames ndi mbava koma mongudutsamo ena akuba kwambiri komanso oipa mitima ndi awa:

    Ralph Kasambara
    Jai Banda
    Wapona Kita
    Dingiswayo Madise
    Seodi Munthali
    Mbeta
    Paul Maulidi……

    Mutha kuona nokha kuti ma lawyer a chitumbuka ndiomwe akutsogola pa mchitidwe onunkhawu!

  14. shaft yaikulu says:

    kodi ku malawinso kuli law? ine ndimangowona masanje m’makhothimutu. anthu amilandu yoopsya ya murder amakhala kunyumba, milandu yopanda umboni imagamulidwa, milandu ina imatenga 15 years kenako kungotha, okuba nkhuku amamupatsa 10 years, okuba k300,000,000 amamupatsa 3 years..za ziii

  15. Dr Moo Tha Leeker says:

    Ralph, Kita, Chiphwanya, Kamkwasi and Kaphale et al are scholars in a school of law specializing in materialism and bloody money. Bravo Garton

  16. Moya says:

    Prof, that is an indicator that legal ethics topic in college for the next generation shoud be well covered so that its implanted into their brains and then government/legislature should make sure these lawyers are punished currently the courts are runned by fellow lawyers as the result they get away with most if not all crimes, i suggest we an independent body (not Malawi society) to hear any case where laweyrs are bein sueid. The current magistrates courst, high court and supreme courst are just one family and lawyers have no consequenses to their actions. Government reforms team look into this.

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