ACB application put on pending as law expert faults order to cancel Mpinganjira arrest warrant
Magistrate Benedicto Chitsakamile of Zomba has come under intense fire and grilling following his decision to cancel midnight a warrant of arrest for Thomson Mpinganjira group chief executive officer of FDH Financial Holdings Limited and board chairperson of Electricity Supply Corporation of Malawi (Escom) midnight though he did not issue it himself.
Law expert at Chancellor College of the University of Malawi, Garton Kamchezera described the decision to cancel the warrant of arrest as a sign that some people have no regard for the law.
“The fact that this has happened it shows how rotten we are as a nation,” said Kamchezera.
The law professor said it was irregular for another court to quash the warrant of arrest in another geographical area which he said breaches the supreme laws of the land citing Section 96 (3).
Malawi Law Society president Burton Mhango also said the organization was equally surprised with the move to quash the warrant of arrest issued by another court in another geographical area.
Meanwhile, Registrar of the Malawi Supreme Court of Appeal and High Court, Agness Patemba has said the application by Anti-Corruption Bureau (ACB) director general Reyneck Matemba, for a stay order to to quash the lower court’s order has been out on pending as the file on which the order to release Mpinganjira from custody is being recalled from Zomba.
Patemba said the court advised Matemba to wait until the High Court review of the order.
The Judiciary spokesperson said in an interview that the Zomba magistrate Benedicto Chitsakamile erred in law to issue the order.
“The court order has some irregularities. This is why we have asked for the file. The High Court has powers to quash the order,” said Patemba.
Mpinganjira was released midnight from the Blantyre police station after Chitsakamile issued the order to cancel the warrant of arrest issued by another court.
Patemba said she was not sure if the magistrate issued order to cancel the warrant of arrest under the influence of corruption or it was a genuine mistake.
The ACB will have to wait until a judge will be identified to review the file and then provide direction on the way forward.
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There are always problems when a nation is ruled by a Dirty Political Party. Sindinatchuletu chipani, eti?
A Jogoda nanunso ndiye kaya. Do you understand the position of Registrar of the Hugh Court and the Supreme Court? Do you know what qualifications such a person holds? Do you know that when such an official speaks they are speaking on behalf of the whole institution called the Judiciary? In short, inu a Jogoda, a registrar of the High Court and the Supreme Court, who is also a spokesperson for the Judiciary, is a lawyer of high standing! Do you understand? Office yomwetu ikuwauza Bwana Chitsakamilewa kuti alakwitsa ndi Head Office yawo. Court yomwe mukuti ayidikile iweluzeyo nayonso ili… Read more »
Patemba atiuza kuti file yafika ku Blantyre and the Judge Dorothy Nyakaunda Kamanga has been given the task but up to now we are hearing nothing from her. Kindly don’t take Malawians for granted we fought for democracy not for the few greedy individuals to oppress us so pliz let justice prevail.
Whats the update as of today?
He travelled to BT,now what?
Did he travel to collect a big fat cheque as mission accomplished or what?
This country indeed has gone to the dogs.
I cannot even trust my dog when its barking. Thats how bad corruption is in Malawi.
You hear your dog bark, kneel down and pray. You never know. As long as dpp is around all is corrupt and rotten.
Mulandeni License this is corruption not a mistake
in law its an error. secondly it is only the court that can interpret. komanso ndudabwa kuti the registrar says ita an error. i prefer he/she says she thinks itnot normal because it is only a court. mind u i mean a court sitting and lisening to evidence and make determination that can make adecision or judgement. supposed if the court sits and find no case. what will pple say about judicial system. however law society has the right to investigate and put sanction. however even if the law society makes a decision it can be challenged and the court… Read more »
My Lady my Lord Malawi is no longer warm heart of Africa, How come someone is locked at Blantyre Police Station and Bail grated by Magistrate in Zomba before appearing before the Court?? My brother Thom Mpinganjira well devoted SDA Christian why have you done this evil, Matthews 5:3 Blessed are the poor in sprit for theirs is kingdom of Heaven. Malawi have rotten Judiciary I cry for my brother late Usiwausiwa was a man of no-nonsense and courageous . We had similar case with George Chaponda where are we now but this Salima lady Kabwila was detained over the… Read more »
Komanso a polisi how could they release Mpinganjira using a fake document which was only signed without a name!!!!
This is both negligence and incompetence of the highest order ….Lomwe syndicate………a curtail….
sometimes you have to think and rethink before you do these kind of useless and evil things.
days for criminals and thieves are gone!!!
this is very stupid!
you criminals/thieves, days are just numbered for you
you need to pack up and go!
IDIOTS!
When an obvious case like this arises, we just arrest and then investigate later. Arrest Chitsakamile and investigate later at your own convenience