Court quashes warrant which led to arrest of Mpinganjira: ACB says ‘strange legal practice’

January 23, 2020 Wongani Chiuta -Nyasa Times 78 Comments

A Magistrate Court in Zomba on Wednesday late night quashed an arrest warrant obtained by Anti-Corruption Bureau (ACB)  from Lilongwe Magistrate Court against prominent businessman Thomson Mpinganjira, owner of FDH Bank over allegations he tried to bribe judges hearing a legal challenge to the re-election of President Peter Mutharika.

Mpinganjira released from custody and warrant of arrest has been declared by court as void
Matemba: Legally disgusting

Mpinganjira, through his lawyer Frank Mbeta sought a court order quashing the warrant of arrest and the court ruled the warrant was void but  does not specify the reason for the decision.

ACB head Reyneck Matemba expressed shock with the way bureau’s warrant of arrest has been rendered void by mid night court session, saying it is legally disgusting.

Matemba said he was “speechless” with what he called a very strange legal practice for a court to cancel  a warrant of arrest issued by another court and also order release of a suspect in police custody when ACB as a law enforcing agency was acting on a serious complaint.

The court order bears no name of a Magistrate but it is signed and was obtained by lawyers from Mbeta’s legal firm Ritz Law Firm.

“This is  legally disgusting. Abuse of court process and it exposes how rotten the judiciary is,” said Matemba.

He said at around 12:05 midnight he was phone by Chipliro Mpinganjira , a deputy minister of defence and one of the lawyers representing the banker. Around the same time  the acting Inspector General of police Duncan Mwapasa also phoned  about the order which served on police .

Mpinganjira was expected to appear before the court Thursday morning to take plea and be charged following his arrest on Wednesday.

He is a key suspect in the investigations into claims by Chief Justice Andrew Nyirenda that bribes had been offered to the five judges presiding over the case.

In an interview with Nyasa Times, social and governance commentator Makhumbo Munthali said the release of Mpinganjira on bail will be received with mixed reaction by the members of the public who expected him to spend sometime in police cell especially considering a background where opposition leaders or critics of government have spent at least a night in policy custody.

“While Mpinganjira has a right to bail, the timing and his connections to the ruling party will raise suspicion by the public that perhaps the whole arrest of Mpinganjira was a well crafted tactic between ACB and some judicial officials to cool down the public pressure that something was being down when in actual fact it was just window dressing,’’ said Munthali.

“The midnight court bail would also reflect badly on the integrity of the judiciary especially when the timing of such a bail was granted and the sensitivity of the allegations. Already ACB director has not minced words against the judiciary on the matter.

“But then looking at the broader picture whether bail or no bail the very fact that the name of one of the two suspects has been disclosed and that such an individual is closely linked to the ruling party it would reflect badly on one of the accussed parties in the election case,” said Munthali.

The Constitutional Court is expected to rule on the election challenge sometime between January 27 and February 3, its spokeswoman Agnes Patemba.

Follow and Subscribe Nyasa TV :
Follow us in Twitter

78 replies on “Court quashes warrant which led to arrest of Mpinganjira: ACB says ‘strange legal practice’”

  2. This started with Arafat Nchilima drawing salary without working. This was total corruption musatinyanse an’khwere nonse mukuti fwinfwi fwinfwi. Matemba you are a crook.and a fool. Why didn’t you send warrant of arrest to Nchilima????? If you arrest Mpinganjira, Nchilima should also go in. Spade for Spade,eye for an eye.
    TIDULANA ZOKOZERA NDI MABERE CHAKA CHINO. TIVINISANA M’BWIA.
    Kuli Jando anganga pa Malawi .

    1. Just amazed at your mindset… out of the abundance of the heart… the mouth speaketh…. ku DPP ndi satanic ntheradi.

    2. I think this dude Kweni ought to be taken to task for coming in the open that he is in the business of cutting off breast and urinating organs fro. Fellow human beings. Perhaps he is referring to his party’s business in this country🤪🤪🤪

  3. Kodi mkulakwa kunena kuti Malawi has gone to the dogs.

    Do we have ant corruption bureau or Corruption Bureau.

    Look at all the DPP thieves , murderers walking free and all those who stole chicken are in coolers.

    Pathetic. They are constantly being caught red handed but cannot be prosecuted because they are above the law.

    A day is coming when Malawi shall be free from all this injustice.

    DPP has terrorised Malawians enough.

    Those who are supposed to protect the citizens are just as corrupt. The country is rotten. No One to be trusted at all.

  4. Kkkkkkkkk Malawi wanga ameneyo kaya akunka kuti? A Chair bwana Muluzi ananena mawu kuti; “matenda ali ndi a Malawi ndi kuyiwala msanga!” Ulemu wanu bwana Muluzi mawu akulu akoma akagonera munanenadi. Tisawone zalero zokha ayi tikatero a Malawi tisokeretsa ana wathu chifukwa they deserve kutsatira zonse bwino lomwe mMalawi muno. All along zakhala izi zikuchitika kutenga unnecessary injunctions usiku ndi usiku so no wonder kuti nayenso Mpinganjira has done the same. HRDC sikale anapita katenga chiletso ndi usiku kuli do! Who came out and made noise? Being partisan muwononga dziko. And let mecaution George Phiri, Lady Mkamanga, Kanyongolo just to mention a few be careful with your political comments. Unlike your fellow political analysits they try to be non partisan koma inuyo ndiye amene mukuwononga ma ubongo a wanthu. What is required here fellow malawians lets stop making if things are on that side but if on our side we keep quiet tiphatu dziko ili a malawi chonde ndapota nanu a malawi anzanga lets be non partisan to build our country.
    Look learners went to steal in shops on the pretext of teachers strike is that in order? And no CSO or whatsover has come out to condemn this except Esme Tembenu(ulemu wanu mayi, keep it up). Kwa Chimwaza anthu kutseka mseu moti tidziti akhoza kuteroko? What connection is it between blocking the road and teachers’ strike? And when police disburse we start blaming them kuti akulephera ntchito malawi IWE WATANI MALAWI WATANI? Ha! moyo wanga ukulira kwambiri as late Shadrick Wame who said “Mbuli zophunzira zawononga dziko”. DONT BE PARTISAN

    1. People want change because of poor governance and you do not get it on a silver platter.
      So stop intimidatory language.. Kuwopyeza in the name of muziganizila za mawa etc

  5. And Mpinganjira is walking tall? Shame on you. A deputy minister of defence issues an order, overriding Minister of justice, supported by no other than one who wants to be confirmed as IG? No ways Mwapasa, you won’t make it as IG
    A Circus indeed in Malawi.
    Incidentally, did the Minister of Defence approve this?

  6. Matemba dont fool us. Its all orchestrated. You know whats happening. You stayed awake waiting for these dubious calls. You want to look as if u are doing any job. You are as corrupt as your boss and this briber. Malawi is a joke the judiciary is a joke. Do we have real lawyers in Malawi.

  7. amutharika akupangila dala izi ndicholinga choyambitsa ziwawa munkhaula mwayaluka by any means chiweluzo tikuchidziwa kale amalawi and we are waiting to cebrate victory and zadziwika kuti ndalama zomwe zimagwira ntchito yaziphuphu ndi ma salaries aphuzitsi mwauponda

    HRDC Where are you we are ready to support you fully MPINGANGIRA AKALOWE AND LOYA WAKE AMANGIDWESO PLUS MAGISTRATE WAKUZOMBA WE ARE MALAWI WE PREACH PEACE

  8. Is it not conflict of interest for a deputy minister drawing taxpayers money to be representing a client facing lawsuit from another executive arm of the government?ie Chipililo Mpinganjira representing Thom Mpinganjira who is facing a lawsuit from ACB which is part of government in which Chipililo Mpinganjira is a minister?

  9. i think these guys are playing games with Malawians ,though i dont know the name of the game they are playing.

    1. malawians are stupid what do you mean playing games, umphawi uli ku Malawi is because of people on here who talk rubbish i mean HOW DID IT COME ABUT TO HAVE A NATION with over 90% idiots

  10. Okay, pakati pa usiku Deputy Minister Mpinganjira called Bwana Matemba za nkhani ya Mpinganjira omangidwa. Then one lawyer wa Mpinganjira kenako, Bwana Mwapasa Acting IG nkuzaimbanso kkkkkkkkk. Interesting koma nzobvuta kumvetsa kwa a layman like me

  11. Strangely we all seem to be surprised..Do you remember how the HDRC capture this mercenary Judge John Chirwa in yheChaponda case? That was stupidity at its lowest how he made orders that eventually were dismissed by the Supreme Court.Was there anybody who raised eyebrows? No…We are sick as a nation.

  12. Indeed Malawians we are being taken for fools inu zoona Chipi Mpinganjira has now the powers to intervene this high profile case just because he’s a deputy minister?My understanding he’s a Meyer paralegal.Dpp is corrupt .I salute Mtambofor his braveness we were all supposed to be joining him as this country has gone to the dogs

  13. To me this whole drama proves beyond reasonable doubt what I have suspected for the past six years. That Malawi is irretrievably rotten. Anybody who disagrees with me is himself/herself rotten. Poriod.

      1. The military in Malwi have been reduced to guards. Our army is at its lowest and they are now being hired by Ntambo to guard him > Nundwe is the most useless army commander

  16. There are Two institutions that are not yet Captured by the Dark Forces …The Judiciary and The Army…But slowly the evil Python is winding it’s Ugly Body around the Judiciary …..The Day these Two Institutions will be Completely Captured is Near ….And Malawi the Nation ….We love …Will no longer be the Same when the This Day Arrives …Malawi will Die …That’s what happens when Power is given to Evil Minded People….

  22. This is all a tactic to fool and blind Malawians- if as the ACB Director Matemba says the Court Order did not show the reason why the Arrest Warrant was null and void and did not state the Magistrate’s name then why did the Police accept the Court Order to release Mpingagira and release Mpingagira? Also why did ACB and the Police IG not object to the releasing Moingagira?
    This is all planned by APM, Brown Mpingagira, their supporters in DPP, the IG of Police and the ACB Director General to fool us Malawians.
    APM and his gang of thieves have stolen billions of Kwachas to buy out Magistrates and Judges and anyone else who comes in their way. Sadly in the case before Constitutional Court we can expect the same games being played as they may appeal to the High Court if judgement is against MEC and APM.
    Sadly these thieves and crooks have high jacked democracy. Not only did Mpingagira end up sleeping in his own bed like I said yesterday but it was a warm bed that he slept in after a good meal comprising of steak and the best wine. Cry Malawi Cry my Beloved Malawi. For whilst they abuse the system the poor go hungry and sleep in the cold. No justice for the poor and hungry the suffering and starving.

    1. Matemba is part of the gang. Remember the issue of 145 Million, who got arrested ,non. Was there any evidence , yes, they say but no proof that anabweza ndalamazo.

      This matemba is corrupt too.

  24. Apa palibe nkhani, this magistrate is stupid and has just destroyed his career ,the law says a warrant of arrest can only be removed or vacated by the court that issued it. I think this magistrate is one of those who were once court interrpreters or clerck and just upgraded. If they wanted a clean deal they should have just prayed for a court bail today, otherwise they have destroyed the case by using wrong methods of doing away with the case

  28. Police have lost credibility because of their association with the ruling party. Now it seems the Judiciary too has no integrity. where is our country heading to?

  29. Even the Concourt on election case had difficulties with time factor but could not resort to as far as going to midnight with the case. Awawa amafuna akhalepo okhaokha, why? By end of all these messup , Malawi will be on right path!

  31. Everyone needs a lawyer like frank mbeta…..love him or hate him but this boy cannot be ignored. Mbeta is a shaker and a mover!!

  37. according to me they have done good job to release him now we know who tribe to bribe our good Judges and Malawi is watching which patty was using him so judgement will be after court rulling mukuwadziwa asilikali sadzasekelela adzamanga onse plus akamadzasithana ndichakwera nde mbolatu

  39. You guys do not play with our minds if you think we are fools then just know that you are cheating yourself coz right now we are a bit cool coz we are waiting for the court judgement but soon after the judgement if things will be the same like now believe you me that that will be the end our Malawi and DPP together with all the judiciaries we are tired of you guys I repeat we are tired of you guys and enough is enough do not waste our time and mind you money is not everything so do not be cheated by someone who is rich that he is going to you peace never that will not happen in this country.

  40. Bravo magistrate! Money talks and justice also talks. Sometimes they both talk at the same time and result is speedy justice.
    If we take the story as circulating in the social media then it was the judge mentioned to be arrested first so that he implicates Thom Mpinganjira and the other culprit.
    I see DPP factional politics at play here but you won’t succeed and in fact you have just baptised him with fire. No person in Malawi is elected president without being arrested. They succeeded with Chaponda but on this one they won’t. God is with him.
    To all political parties please time for “Mbuzi Presidents” is over otherwise we will remain a poor country forever. President azikhala oti walked through the corridors of a state university whether local or foreign ngati Chilima, Chakwera, Atupele, Nsaka, etc,

  41. This is an indicator that the elections case will be just and also that ACB cannot function or simply has been closed, hence reflecting very badly on corruption fight

  47. Don’t fool us Malawians, this clearly shows that it was a well planned move by the so-called graft watchdogs and their colleagues the judiciary. This speaks volumes of how the verdict will favour who. God forbid. We want people like John Chilembwe, Chakufwa Chihana, DU Chisiza, Mc William Lunguzi, Bingu and Hastings Kamuzu Banda. Liberate the rotten Nyasaland.

  48. Am finding it difficult to understand, is this bail or cancelling the whole process including prosecution?

    1. According to my understanding, this is not bail but the end of the whole story but do not get worried as we have a few days remaining to judgment day soon after the judgment these guys will know the truth about us coz we are more than ready to die for the truth in order to save our country. finally, we want the name of the judge who has granted bail to Mpingangira to be mentioned this has to be done before the end of the day and this is a must not a request so please do it accordingly as soon as possible before things go out of hand.

  49. Judge Kenyatta recently sustained a the right to demonstrate order around 5 am and we were all happy.. Now the same court favours somebody we all wished to remain in jail. The heavens have fallen..Its a strange legal practice..We know a court can sit at any time and place..Munthali is being contempt of court process.

    2. Thus the stupidity we are talking about here.People like Nanyolo are the ones who have made this rotten Malawi to be where it is now.You have got a baseless point and you are showing yourself how stupid you are.

    3. Akulu, izi ndi nkhani ziwiri zosiyana. An injunction is not same as a warrant of arrest. Mverani mau amene Bwana Matemba……….such words like “disgusting” should keep u on your toes if u understand

  50. This is a jail break, let’s help ACB bring the criminal back to jail, this time with no bail. All papers used are fake, zomba magistrate fake with no name. The seal acquired illegally. Arrest these mafias. Let’s expose them all plus the lawyer’s involved.

  51. Could the judge who did not sign be called Ghost judge? I know in Malawi there are too many ghosts. Some ghosts even approved the election results on behalf of the electoral commissioners.

    If you agree with me that this is a ghost judge, imagine what could have happened if Suleman had brought the matter of the ghost approver of the electoral results to a ghost judge……kkkkkkkkkkk. Nkhani bwenzi itaha kale. Zamizimu zonse za pa malawi

  52. It is tough for average Malawians. I hope the Judges handling the elections case will make a determination to end this impunity that has even weaken the judiciary. Judges please free yourselves with a landmark ruling that will set standards on how parties govern this country

  53. Mid night court reminds me of the mid night six…..DPP woyeeee. Imagine the Magistrate did not sign, Deputy Minister Called etc… what does this speak of our governance system?

    Kodi oba mbuzi angapeze bail at mid night? Ndalama ikalankhula chilungamo chimathawa. Ndaonera mlandu wa mpinganjira

Comments are closed.