Blantyre Magistrate Court on Friday issued an arrest warrant against High Court Judge Joseph Mwanyungwa for allegedly taking a bribe and passing judgement in a case that was presided over by another judge.
The Anti-Corruption Bureau (ACB) applied for the warrant after completing investigations into a complaint against Justice Manyungwa which they received in June 2010.
The complaint addressed to the ACB director from a concerned Malawian, alleged that Manyungwa prepared judgement on a matter, civil cause No. 2158 of 2004 of Kurasinghe v Fargo Limited, which was presided over by Justice Maclean Kamwambe.
In the case, Samitha Kulasinthe through Savjani and Company, commenced legal action against Fargo Limited at the High Court and in the ruling, prepared by Manyungwa, the judgement allegedly went in favour of Fargo while the one which was later delivered by Kamwambe favoured the complainant.
The arrest warrant has also been issued against Amir Jakhura of Fargo who is alleged to have corrupted Manyungwa to make the judgement.
The issue was exposed when Manyungwa’s secretary called Davis Njobvu of Savjani and Company advising him that his boss was to deliver the judgement.
“Mr. Njobvu [who represented the plaintiff] went to see the secretary and confirmed that indeed Justice Manyungwa had written the judgement in favour of Fargo Limited notwithstanding that he did not hear the matter and that the judge who actually heard the case is still in service, alive and well,” reads part of the letter, dated May 4 2010.
The Judicial Service Commission is also said to have probed Manyungwa on the matter and faulted him.
Manyungwa could not be reached for comment.
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