Judge Ntaba opts out of Masambuka case as suspect implicates her uncle: Presidential aide named in albino killing case
Zomba-based High Court Judge Justice Zione Ntaba has recused herself in a murder case of a 22-year-old young man with albinism MacDonald Masambuka after Alfred Yohane, one of the suspects, implicated some high profile Malawi government politicians including her uncle Dr Hertherwick Ntaba, an aide to President Peter Mutharika.
Yohane, represented by lawyer Trouble Kalua from Legal Aid Bureau, on Thursday mentioned in court some top politicians serving in the current administration as being behind the attacks, abductions and killings of people with albinism in the country.
But Judge Ntaba stopped her from mentioning the names and gave a gagging order to the media not to report about the names implicated.
However, Yohane has maintained that he will would not change his statements even if he is ‘beheaded’, saying he stands for the truth.
On her recusal, Judge Ntaba said she could not continue be trial judge because Dr Hetherwick Ntaba being implicated is “my paternal uncle. He is my deceased ‘s father brother and judicial ethics require that where there is potential conflict n due to familial ties, the court take stapes to address those issues including recusing oneself from handling the matter,” said Justice Ntaba.
She also pointed out that the court did not put a ‘gag order’ to the media in terms of reporting any other names, saying the court “greatly values” the role of the media but that there are some “limitations” when reporting on certain issues which are based on law.
“Such limitations are necessary n an open and democratic society to safeguard the rights of others and in the public interest,” she pointed out.
Testifying in court, Yohane said that Catholic priest Father Thomas Muhosha – who is also another suspect – last year called to meet him at Michongwe Primary School in Ntaja, Machinga, where the priest allegedly said he was looking for tissues of a person with albinism to buy at K100 million.
Yohane said he agreed to hunt for the tissues. He told the court that when he asked the priest about the potential market, Muhosha mentioned Ntaba, the presidential aide and some top government officials in President Peter Mutharika’s administration.
He confessed to murdering Masambuka while claiming that he did so on instructions from Muhosha, who allegedly told him that he was doing so on behalf of top government officials including Ntaba.
Father Muhosha denies the murder charge but in January this year, the court found Muhosha and 12 others with a case to answer.
Besides Muhosha and Yohane, the suspects include Masambuka’s brother Cassim White Masambuka who faces three charges of murder, trafficking in persons and causing another person to harm a person with disability.
The trial has not been short of drama since it started with Yohane who faces a possible death sentence recording a Whatsapp voice note in which he recorded in prison with Chikondi Chileka claimed that top government officials were involved in the killing of albinos.
In May, the court declined an application from public broadcaster MBC to be covering the trial live on television and radio.
In recusing herself, judge Ntaba said she strongly believes in integrity of the Malawi justice system as well as the independence and impartiality of judicial officers including her.
“Further, the judicial ethics state that I should not preside over a case where the conduct of a close relative such as my uncle is brought in as a very significant issue. Therefore, I hereby recuse myself from continuing to try this matter,” stated judge Ntaba.
She ordered that the case file be transferred to the High Court in Blantyre to be assigned to another judge.
In Zomba High Court registry there are two judges – Ntaba and Redson Kapindu. But Ntaba said she did not consider it appropriate to transfer the matter to Justice Kapindu as he is currently already attending to various trials for person with albinism and other highly involving criminal cases.
The body of Masambuka, 22, who hailed from Nakawa Village, Traditional Authority Nkoola in Machinga, was found buried on April 1 2018 after he was reported missing in March the same year.
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Everyone who is implicated, whether by inference or by name must be thoroughly investigated and brought to book. These cases of albino killings should not be tried in Malawi but by the ICC because we cannot have the accused probing the very allegations leveled against them. Our courts are full of biased judges, most of whom owe their positions to the government. I for one, do not in any form or fashion support all these sham judicial proceedings. Awanso afa posachedwa ngati a Buleya Lule aja anawochedwa matako ndi ayoni yamakala. All our politicians, whether in govt or opposition stand accused. They are using charms to win elections.
Akukulu a Malawi tiri ndi bvuto lalikulu kwambiri munthuyu watchula ndipo akunena molimba mtima popeza watchula anthu amaudindo mukiti zalowa ndale anakatchula munthu opanda udindo munakati chiani? Apa tikunena nkhani youkhuza umoyo wa anthu njoka sitiweta ngati akulu akulu mukuwabakira ndiosakwa then abwere poyera afotokoze ku mbali yawo, zitha kukhala zoona zomwe m’bale wathu Yohane akunena musaiwale kt Buleya anaphedwa powopa kt awululu zambiri koma anaiwala kt Mulungu simunthu agwirisira ntchito munthu wina kt choona chioneke makosanawa musawakhulupilire
Mr Yohane at his best…….am scared once DPP win…..u are dead
Please read ‘The Epic Hunt for Albino Killers in Malawi’ by………Father
Chilungamo chiyende
we need true
Kodi muja mukumati ndi za mabiggie izi mumatanthauza mwazi wa albino
Sorry .Bosses this is the signs of childish and dirty politics.Be strong .Jesus also met such times.This is what happens when the community raises against you in the village.You need to make strong laws about these allegations. People in villages are attacked ,lose lives.Kuphuzisa ana ufiti .So many elders lose lives and property. You failed to !make strong laws to protect and pun
No no .People should not believe this we had such incidents in most of districts in the past.Suspects have lost lives, property and even homes.Two years ago we had lost a lot friends and relatives I in the name of blood suckers🏖🏖 protect the named people. We had such incidents in most districts.Sanje chabe
Nanu a nyasatimes musatikhumudwise pa nkhani ya maina please!!!.Tchulani the rest, inu zoona achite kuzipasa ulemu zifwambazi inu mukungoyang’ana???.
This case has been politicised. The opposition is influencing some of the suspects to implicate DPP officials. It’s not going to work. The opposition will cry on 21st May.
@ Konko
Shame on you. You are simply a disgusting person. We are talking about lives that were mercilessly taken away here and here to defend killers. You are stupid. Yes Konko you are stupid
An you are a fool. Dont you see this is the work of winiko?
Why did the court rejected the request by MBC to broadcast the trial live or else the same people intervened when they knew their names would be mentioned? MBC was going to look so stupid and I wonder what was going to happen to Sumbuleta or what he was going to do the team on duty? Either he could be suspended or he would suspend the crew on duty. It was going to be chaotic.
So DPP officials are the ones killing Alibinos right? No wonder they murdered that other guy in police cell!!
Why not sending the case to Mzuzu High Court? Munye muone!!!!
Kkkk wakhala pamkhate aphedwe basi
zigawenga ndimadabwa ine mene dausi amaugaila mwano muja aaaaaaaaaa
palakwa zione ndipoletsa mainapo nanga amapitianji ku cort ?? mesa amafuna umboni ndiye munthu amafotokoza mwati khala chete ndiye chani?
Kodi boma la dpp cifukwa cani simuwafotsa anthu pamathelo a vinkhani vimbilimbili conci
Ntaba ngonunkha kale cifwrn5he pa mbili za zipani
A yohane akunamizani kuti a UTM akawina azakutulusani if u implicate others?!!….muupondatu coz utm,winiko won’t win it’s the DPP which will win and mukangopezeka kuti u just fabricated this story my friend u r a dead man…mukulakwatu kunamizira anthu achete zosawakhuza
Why a dead man? Explain better
Yohane will be cross examined by the state lawyers. They will have every chance to discredit his evidence if he is just talking shit. It will be the court’s duty to believe his testimony or not
Based on your comment, you seem giving judgement to Yohane, more less like you’ve taken over as presiding judge from Zione Ntaba!! How do you know that Yohane is lying before all witnesses testify? Waupondaaaaaaa, DPP as a party is heavily damaged becoz of the positions and influence of Ntaba and fellow suspects in the party!!
Secondly is it wrong to say they were equally responsible for the bad MCP record since these were the very people who were in the then dark MCP party? DDP woyeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee!
true munthu musiyeni anene chilungamo cause anzathu akhungu la chi alubino anayamba kusowa kale kale tikukumbukira tili ana timati amangosowa lero zadziwika kuti ndi omwewa akutilamulawa akugwira okha nkhola am afraid wherew malawi is going my malawi my warm heart of africa it is now warm hot of albinos ……..i will never vote for dpp my whole life…. akupha inu
Nkhani yatha, So Ntaba kuchenjera kosekuja. Bull shit. Koma nyasa times pliz bring the rest before Sunday
Wamkachisi amadya momwemo adatero akulu akale hehedeeee
Nobody in their right senses would condone the murder of our albino neighbors, abale inu. And so, we MUST desist from accusing people in criminal cases like this based on hearsay, or evidence that has not been yet admitted in Court.
What if Yohane is simply lying, or didn’t hear the mentioned name(s) properly?
Common knowledge: Malawians are well known for lying thru their teeth on mundane issues. Let alone when faced with lifetime imprisonment? There may be several motives for lying, if indeed that is the case; but it doesn’t take much to wonder if Yohane is overstating the “evidence” thinking he has nothing to lose, and so he may as well take down some big timber.
What if Muhisha was just grandstanding to act and play like he has connections to top people – name dropping?
what evidence do you want???? why cant you go to court and defend these criminals who murder innocent alibinos? you must be out of mind yourself!!!
This is total character assassination. Yohane has not meet with Ntaba and is saying Father Muhosha mentioned Ntaba, where did he get the other names. Father Muhosha is the only person who can say the truth. Yohane is saying hear says out of frustration. He will be punished no Matt how he tries to lie.
Kodi Zio,sunakwatiwe? Inetu ndimakonda takuda,kapena sunafune kusintha dzina lapachiphaso cha ku xool? Anyway taking the old mcp gurus into your fold the dpp its your fault these people are disgrace even to Lord,he is just waiting for them to repent,Bingu knew them thats y he was not paying attention to them and u can see there were no such issues in those days but bcoz of vallium addiction this guy(APM) takes ,these demons have found the way to come with their ideas of winning elections and getting rich through ratials ,apatu ndie ndi kugwa kwa babel’tu
ana a albino killer muli pompa? tiyankhuleni mwati mudusa pa 21 may
NGATI NSANJA YATHYOKA A CHIMULIRENJI KUGWA FOFODODO KU NSANJE DZIWANI MADZI ACHITA KATONDO SANGAMWEKENSO AYI NDIPO MKWIYO WA MULUNGU SUMAPITA PACHABE. ADALAKWANJI MASAMBUKA.
I’ve just heard that Chimu continued was saying dpp woyeeeeeeeeee pamene amagwa ndi nsanja ya babuloooooooooo!! Koma ziliko chaka chinooooooooooooooooooooooo!! Chipani chaola ichi pali ponse pamene munthu angagwire pakungonyonsokaaaaaaaaaaaaaaa kikikikikikikikikikikikikikikikiki Wina anapha anthu osalakwa pothawa mapempheroooooo, wina amuwonetsera maliseche pa social media atachita chipongwe mzimayi osalakwa, ena kwinako akunena a dad kuti ndi malemuuuuuuuuuuu etc etc dpp woyeeeeeeeeeeeeeeeee
Stupid Yohanne has been bought by some hungry for power people to implicate the high profile people from Dpp so that they can win the souls of the Malawians to vote for them. But I just fill sory for them bcoz card will not work; Dpp will win this election
DPP will win on albino ticket. Heeeee
choka iwe ntchebe ya waka kamutu phoo waka mxii
Your party kills albinos you are finished and God help you after the 21st of May.
What a stupid excuse this is? I mean how foolish will things get in Malawi before we start thinking like real human beings? Zione Ntaba does not deserve to be a High Court judge. She is a disgrace to our Justice system. Free press does not need an illegal gag order. Please understand that. You are presiding over the case of The Malawi Government and the People vs. Yohane not Malawi Government and the People versus Heatherwick Ntaba. It is not Heatherwick Ntaba who is undergoing trial and then you recuse yourself for nothing but to slow down the judicial process,. Tired and Sick
Achitsilu ndinu. Zione Ntaba is a very capable Judge and her rulings have always been fair and just. Would you try your own uncle iweyo or any relation of yours?
Yayi Zione ndi Chitsiru zedi. Why gag order?
Ayi baba mwanama. If she gave the accused a stiff punishment and struck out his testimony as lacking credibility, wouldn’t you, as a human being, assume that she’s just punishing him because he implicated her uncle? She definitely had to recuse herself here.
It is involving an uncle and she can’t allow her to be exposed. Poor Malawi
Roll Out, he kind of inefficiency displayed this afternoon is only to be expected from those who gain positions of power through cronyism and nepotism as opposed to merit-based appointments. It is not surprising at all when such individuals then proceed to reflexively shield their benefactors instead of letting the law take its proper course. Pathetic !
Izotu zayamba kuululika zokha latter on we shall hear the bigman is mentioned. What a shame! Ndiye nkumati chitukuko pamene anzanu akulira usana ndi usiku. Just mention the other remaining ones so that the world knows and make a sensible decision before……