Assani faces Malawi Law Society action over K10.6mil swindling charges 

Former Justice minister Fahad Assan risks being suspended from practising as a lawyer over  allegations that he swindled a client K10.6 million.

Justice Minister Fahad Assani:  Accused of  embezzlement
Justice Minister Fahad Assani: Accused of embezzlement

Nyasa Times has seen court documents and letters sent to Malawi Law Society where businessman Emmanuel Shaba is claiming that Assani, a private legal practice, swindled him the money after he sold his property.

According to letters to Ministry of Justice and to Law Society – a regulatory body of all law practitioners in the country -Shaba in July 2014 sold his  property in Lilongwe’s Area 12 Township to a Mr Chapuma for the sum of K40,000,000 which he was to be paid through Assani as his lawyer.

By end of July 2014, Assani only remitted to Shaba part of the money “leaving a balance of K10,600,000.00 unpaid.”

Shaba claims that despite several reminders, Assani has refused or neglected to pay him  the said sum of K10,600,00.

Assani  “was quite aware” that Shaba was in the business of buying houses and renovating them before selling them, according to claims of summons.

He argues that by withholding his payment, Shaba suffered reduced capital for his business activities.

As a result, Shaba claims to have suffered loss and damage in term of loss of interest had the money been invested in a bank.

He claims loss of interest at the rate of 30% on K10,600,000 to amount to  K6,360,000.00

Assani’s embezzlement allegations comes hot on the heals of Malawi Law Society  expressing worry over the increase of unethical conduct reports among its members.

MLS secretary general Khumbo Soko says such kind of reports spoil the image of law practitioners and they make people to lose trust of all legal practitioners.

He said currently the MLS disciplinary committee is handling eight  cases of misconduct offenses.

“Our work or career needs public trust and honest, so such kind of behavior compromises the profession,” said Soko.

Solicitor General (SG) and Secretary for Justice Janet Banda, who chairs the MLS disciplinary committee by virtue of being SG, said they recommended that the eight rotten apples in the legal profession be suspended, disbarred or prosecuted.

Banda said chief among the reasons most lawyers faced the hearings include embezzlement of funds for clients.

The SG said she  signed a notice for publication in the  press of the list of lawyers in September who were found with a case to answer by the disciplinary committee  “to warn the public about taking legal matters to these lawyers who are considered hazardous and also to deter would be offenders [lawyers].”

Law Society  has also been recommending to Attornery General for the prosecution of lawyers whose actions do amount to criminal activity.

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Abeat Minthu
5 years ago

Is there anyone in Malawi who is honest? The who nation is infected of stealing syndrom. If one meet a Malawian who is honest one ask is.this person a Malawian or not. For me I have lost trust in Malawians. They pray and use God or Lord but They are not honest. Its not good to say Iam a Malawian. First one poor country Then I can not trust Malawians. I dont want to say Iam a Malawian. Its pains. I love the country but not people

Fisi Nicholas
Fisi Nicholas
5 years ago

Asani should not just be suspended, but prosecuted and arrested for such misconduct. He is not just being unethical but also a thief. Again just like Mtambo this man was very cruel and went personal with Kasambara’s case.

Arrest him now, and no bail! These are the people ruining Malawi.

Abeat Minthu
5 years ago
Reply to  Fisi Nicholas

Who will arrest him? I think Its time to take law into hands. When a poor man steal or try to steal Then caught the mob kill him. Why dont u attack people who have stolen huge amount of money and make The whole nation so poor and people suffer.

khalid seleman
5 years ago
Reply to  Fisi Nicholas

Yes he must not even be closer with any government property he is a dengours person.

5 years ago
Reply to  Fisi Nicholas

That’s just being emotional, personal vendetta, if we go by your comments, then Kasambara should be crucified, because the crimes allegedly committed by Mr. Assani are far less than that of Kasambara in terms of “criminality”. The truth of the matter is far from what the author tries to depict herein. Mr. Assani did not swindle any money of the said client, the transaction went on well, nothing remains unpaid. The client is not a vendor in properties but he sold the house he inherited from his deceased father in Area 12. Let MLS summon him, he won’t be suspended,… Read more »

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