ACB application put on pending as law expert faults order to cancel Mpinganjira arrest warrant

January 23, 2020 Owen Khamula -Nyasa Times 36 Comments

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.

Kamchedzera : The Magistrate made an error in law
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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36 replies on “ACB application put on pending as law expert faults order to cancel Mpinganjira arrest warrant”

  1. There are always problems when a nation is ruled by a Dirty Political Party. Sindinatchuletu chipani, eti?

  2. 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 pansi pa office yomweyi. So, adikile court iweluze? Kkkkkkkkkkkk. Don’t comment on things that you dont understand. mwamva?

  3. 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.

  4. 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.

    1. 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 will make a judgement that even the law society will obey if it even goes against its decision.

  6. 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 weekend for just words but this one want to divert long awaited justice by bribing our ConCourt judges. Why Malawi you are very good catching small fish and not these big fish and you say ACB is Independent.

  7. 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….

  8. sometimes you have to think and rethink before you do these kind of useless and evil things.
    days for criminals and thieves are gone!!!

  9. this is very stupid!
    you criminals/thieves, days are just numbered for you
    you need to pack up and go!
    IDIOTS!

  10. When an obvious case like this arises, we just arrest and then investigate later. Arrest Chitsakamile and investigate later at your own convenience

  11. A Matemba apa pasavute,Chitsakamire wakupatsani ntchito ina.Warant of arrest ina ikhale ya ameneyu basi.

  12. Delivering justice in the middle of the night is not only being incompetent, but also a total mockery to the very essence of moral principles.

  13. chomwe chikufunika apa ndichoti we as citizens tipange ma DEMO okuti pitala achoke basi.Civil unrest.
    school,zipatala,ndi maoffice ena ose asatsekulidwe for 1 week tikumatcha ,muona zisintha koma tikadikila izi zaku court and any other protocol mmmmmmmmmm atimaliza anthuwa

  14. What genuine mistake here? It is elementary law that only the judge/magistrate deposed with the full facts of a case is the one competent to quash an arrest warrant they issued. John cannot quash a warrant that Peter issued simply put. This is corruption pure or the magistrate is grossly incompetent deserving to be fired on the spot.

  15. Don’t twist issues here. Error or not, this idiot chitsakamile needs to be disciplined. He may hide the cause, but we all know the result. Muchotseni ntchito pompopompo. Wawola munthuyu.
    And don’t worry about his family when you fire him. Mpinganjira and DPP will give him something to do, before the new government comes in after rerun

  17. God alone is just, these old & senile leaders all they know is to live good life yet they leave the country to the wolves. And I dont understand those who still hold the idea that Mutharika Junior is still a leader for Malawi. Malawi I dont know where things went wrong. The fact that two brothers managed to crawl into the highest office in the land proves that in Malawi something is seriously wrong.

  18. It was a Genuine Mistake …The Magistrate thought he was in Blantyre …Ache Kanchedzera ma Student anu mutowaphuzisa Zotani ….Maybe it’s the Quota System …..Zipaso zake Tikolora zaka zitobwerazi ….If such People become Judges ….Khaya…

  19. New revelation unfolds that the judge who reported to the Chief justice is the one who came to Mpinganjira yo ask for money. When Mpinganjira refused the judge became upset and also afraid that the deal with be revealed. He decided to cover it up by implicating Mpinganjira. Let us know where they met.
    The judge has to investigated too.

    3. So why you telling us are we the Judge or ACB? Go to the ones with authorities and see if they won’t kick ur lying ass out like the appeals of Kalekeni Kaphale!!!KKKKKKKK

    4. Kikiki. How would the judge know where and who to ask a bribe from?

      I thought Mr Mpinganjira stated he is apparently not affiliated to any party so why would the judge go to him?
      Mr Mpingajira only stated that so the dots which most of the citizens can add up where the trail and instructions have come from doesn’t come out on record.

      Defend only those who are defenseless not who are in the wrong.

      I rest my case.

    5. So you foolishly think a whole judge would want to mess their dignity by reporting themselves and having themselves investigated? There are audio recordings chilungamo chituluka kuti who approached who on what basis and soon your fallacies will be laid bare

  20. This shows the Mpinganjiras are running the show in Malawi. Make no mistake about this. APM is a scared man. Malawi has gone to the dogs.

  21. I fully support benedicto chitsakamile. And agnes patemba. She says ‘…….under the influence of corruption or it was a genuine mistake’…….Both need to eat.

  23. judges ,magistrates and all parties involved know the kind of game they are playing , these are the people who always want to play with people’s mind just wait and see .

  25. He did not error. He knew exactly what he was doing. Stop using this useless language which exonerate people from their wrong doing. This is not an error, it was a deliberate and calculated move. If these people tried to bribe ConCourt Judges, who is Chisakamile. They looked for him at night because they know his character. SHAME

    1. This is the decline and fall of Malawi. Shows that under DPP our judiciary is made up of gutter rats. They will soon say the magistrate was not bribed, he erred. That way there is no punishment.
      If the magistrates name was not on the Order then why was the Order honoured? Mutharika, what low levels have you reduced our nation to and why?

  26. zikungonetseratu kuti ndinu zitsilu zopita ku sukulu koma ziwani ichi tithana nanu palibe mwala ngakhale ndi umodzi omwe ukhale osatembenuza.

  27. Baseweletsani mtundu wachimalawi komatu moto ukuyaka chapansipansiu mudzalephera kuuthimitsa kaya 🔥🔥🔥🔥

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