Judge grows cold feet on Kasambara’s bail

Supreme Court Judge Renzine Mzikamanda grew cold feet in making a determination on former minister of Justice and Constitutional Affairs Raphael Kasambara’s appeal against revocation of his bail and said that the matter needs to be brought before more than one judge.

Trial by error

Kasambara: Bail application awaits a panel of three judges

It is a clear case of a judge being caught between doing the right thing or embarrassing his fellow judge.

Kasambara’s bail was revoked by High Court judge Michael Mtambo in September.

Judge Mtambo revoked the bail over alleged infringement in his private space by the former justice minister allegedly accessing his private information in form of CV – which is on the internet.

Justice Mzikamanda chose not to be the one to embarrass his fellow judge and decided a panel of judges would be the best setup to overrule Mtambo because it will be shared responsibility.

Malawi’s senior and prominent lawyer Modecai Msiska, representing Kasambara, put across a very strong case saying, a judge cannot be a complainant, a prosecutor and a judge in a matter in which he is the aggrieved party.

Msiskas argument clearly states that Mtambo felt aggrieved he should have brought the matter before another judge.

Mtambo’s action was the final confirmation of public suspicion that he has a personal issue with Kasambara as there was no basis for revocation of bail. The judge clearly overeacted on this matter.

Kasambara, currently battling a heart problem, is facing the charge of conspiracy to commit murder in the case of the shooting of former Ministry of Finance budget director Paul Mphwiyo at the gate of his Area 43 residence in Lilongwe on September 13, 2013.

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Mhango
Guest

Kasambara simtumbuka koma mtonga wa ubve.

observer
Guest

what was the conditions of bail. i thought it has to do with interference of investigation of the case and witnesses- how does the cv of a judge come into play here. judges cv is not a secret.

Miko
Guest

Alibe khalidwe aphuzile khalidwe mr kasambala.

mzake
Guest

am behind you kasambala and can see you are winning this case.

Wadyera
Guest

Kasambara akanangof Bsi ndi munthu woipa. Choipa chisata mwina. He is even faking that heart disease running our from the prison conditions. You can run but you will never hide. At least you have tasted what it feels to be in Prison hahahahahaha.

Ostrich
Guest
Shame kwa Atumbuka onse, Mtambo is right Kasambara should face real justice.He cant be the jack of all trades,he is netted la 40 lakwana, even if he rott there, he deserves it as he has so many sinisters debiating from justice. Nobody can be above the law, amene zikumupweteka atafune matewera, stupid tumbukas you have fooled us for too long, you think you are the only humans in Malawi, tikutibulanitu agaru inu. We are tired of your tribalism, kumangolembana ntchito atumbuka okhaokha, ana kumangowchongera zolakwa bola apite ku university and so many self ideologies. I hate you tumbukas and you… Read more »
zambezi
Guest

Atumbuka! Always confusion where they are involved! Please secede.

Youth League Chairman: Kawale 1 market
Guest
Youth League Chairman: Kawale 1 market

Stupid…I learnt high cost judges were refusing to handle this case? Well, if Mtambo had referred it to another judge, who would have accepted? Is this article trying to tell us that judges are useless lamp posts who can be played around with no powers to show that “they are in charge”? If this is the case, then we need to revisit our laws

garnet chirwa
Guest

Mzikamanda should resign. He is a government stooge and a coward. When did he see that the case needs a full panel. Why did he wait all these days.
It’s tribal. Dpp is using a lhomwe judge, a lhomwe prosecutor mary kachale to squeeze. Kasambara

mbolo sidwala
Guest

Kodi inu mukulemba nokha maina.ambilimbili bwanji??????? Mwadya mwadya zakasambal inu odwala swala.a.maiska ma hule akipwetekani limodzi ndi ks

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