Justice Chirwa out of contempt charges against Chaponda: Justice De Gabriele takes over

February 3, 2017 Judith Moyo – Nyasa Times 35 Comments

High Court Judge John Chirwa who  grated the injunction which some Civil Society Organisations (CSOs) took restraining Agriculture and Water Development Minister, George Chaponda, from executing his duties until a probe into the Zambia maize saga is concluded  will not hear the the application on leave to commence contempt of court  committal proceedings against Chaponda.

Judge Dorothy de Gabrielle moving to Mzuzu High Court

Jusiciary spokesman Mlenga Mvula  said Justice Chirwa is out of the case as he has permantly relocated from Mzuzu Registry to Blantyre

Mvula disclosed that a new judge, Dorothy de Gabrielle will hear the matter  as she has taken over the  case . She will now be based in Mzuzu from next Monday.

“Justice Dorothy  de Gabriell will hear the matter as ex-partes to grant leave or not to commence committal proceedings against Honourbale Chaponda,” said Mvula.

He said Justice Chirwa was just a visiting judge at Mzuzu Registry.

“Justice Chirwa has permanently returned to Blantyre,” said Mvula

CSOs who  obtained an injunction restraining Chaponda from executing official duties, want  contempt of court charges against the minister at the High Court in Mzuzu.

The CSOs’ lawyer Wesley Mwafulirwa said he already  filed for a leave to proceed with committal proceedings for Chaponda.

The minister two weeks ago travelled to Germany on alleged official duties which contravened the dictates of his injunction, hence the CSOs decision to drag him to court for contempt.

He sneaked into the country last Wednesday through Chileka International Airport.

Meanwhile, Attorney General Kalekeni Kaphale has appealed against  Justice Chirwa’s order. He filed the appeal at the Supreme Court of Appeal, arguing that Justice Chirwa erred in law when he ruled that leave for judicial review of the President’s decision not to suspend Chaponda amid maizegate probe.

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35 replies on “Justice Chirwa out of contempt charges against Chaponda: Justice De Gabriele takes over”

  1. Tsono Atumbuka mukumuopa Chaponda thinking he will be president. Tsono mwamutchukitsatu. And you have raised his profile. The president in the making is Chaponda guy. Koma kumpotoko mudzalira pyooooooooooooooooooooo. Mwaonetseratu kununkha mkamwa kwanu. He who laughs last laughs best! KKKKKKKKKKKKKKKKKKKKKKk

  2. Ihave read the above 29 comments and triggered me tocomment those seem starting celebrating the change of judges based on tribes and regions the two judges come from..Their commennts whether they are from Lhomwe or not,whether they are propagandasts or not but tringered me to ask these questions:. Where Judge Nyerenda who help P. Muthalika to ascend to presidency come from? Where the Judge who send Kasambala to jail come from? Let us leave out the tribes or region completely out.This is dangerous which Malawians will regret the results.Our attention should be the cirmstances surounding the sudden tranfer or whatever you may call.The new judge’s coming in may be not a surprise but may be his integrity is questionable not necessarily where he/she comes from.So,who is Kalekeni Kaphale interms of tribe and where he comes from? I love u all regarless of who u are but for what are.

  3. Ma kape akumwera umbuli uja simunasiyebe? Mukuti Judge Chirwa analakwa poyimisa Chaponda chifukwa oyenera kutero ndi pulezidenti. Umbuli weni-weni nde ndi umenewo. Can’t u see what has happened in America where we copied democracy. If a Federal Judge can stop Tramp’s order in the USA then who is Peter Mutharika, or then what is Malawi? Umbuli eti!
    Law is Law. Now the new Judge to continue the case should be very careful otherwise people now have a comparison with what is going on in the USA. The case is almost similar cause it’s about the President power vs The Courts power vs the Constitutions.

  4. How can Malawians have confidence in the integrity, honesty, independence of the judiciary when they can be moved about like the pawns of the government… in the middle of proceedings? BMW is right.

  5. I did not know that being Tumbuka is special and beautiful. Otherwise may I ask why other tribes talk so much about Tumbuka?

    1. Goliati you are very right. And its good that Malawi was the first country to have a situation where by the Judge (Intelligent Justice Chirwa) had to rule in place of the executive power…in otherways in the absence of a LEGAL executive order from the executive arm of government which was then sleeping.

      I’m saying legal executive order because had it been that the president had given a wrong executive order about Chaponda the court still could have reversed the order. Now the situation is whereby the president didn’t know what he was supposed to do: In that circumstance the court is mandated to give the order…restricting Chaponda from performing ministerial duties for a while. The court didn’t fire Chaponda.

      You southerners what u should know about law is that if somebody is mandated to act in certain situations but is not acting, another entity can take charge without contravening the law. It’s about the doctrine of necessity.

      Imagine if Tanzania troops enters Malawi and the President and the MDF commander are just watching instead of issuing orders, the MDF can still fight back without ANY executive orders because their actions would be in the best interest of national security. That’s law!!!

      The new judge to take charge of Chaponda case is in a tricky situation because America is in a similar situation and their Judge (who has reversed Tramp’s executive order) has also proved that Judge Chirwa was also right in his judgement because people were saying he was taking executive powers.

      NO! he wasn’t only that the courts can weigh any decision or indecision from the executive arm of govt or not as to whether they are in line with the constitution and make judgement accordingly. That’s what happened in Malawi and that’s what happened in the USA.

  7. Judge John Chirwa I know you as a God fearing person. I am kneeling down everyday praying for you. No harm should be done on you in Jesus Christ. Jehovah is your protector not mortal man. Stay steadfast in your faith.

    You wanted justice to prevail for poor Malawians who have to buy maize when they have no money at exorbitant price just because some selfish individuals who call themselves leaders want to enrich themselves.

    Almighty God hear the cry of Malawians and save them from these wolves. Almighty God protect all those who are for true justice for Malawians including Judge John Chirwa. In the mighty name of Jesus Christ let your will be done. Amen.

  8. This idiot talking about tumbukas no brains at all the maize saga affects all us Malawians whether chewa.tumbuka,yawo and me lomwe

  9. Chirwa John maso mwako kumquat kulanda mphamvu za Mutharika ngati iwe ndani?
    Usatukwanitse atumbuka, byeer

  13. Injunction should be obtained right away stopping this Lady Judge Dorothy De Gabrielle akuti, from handling the case. She is compromised. This is not coincidence but design by some fools who think they are above the law. Look at their faces, they are all the same. They are busy defending thievery….at the expense of Malawians. Selfish stupid leadership we have in this country and someone is busy hand crapping kuti zili bwino. Politics is not football. Politics is politics…. CSOs, go get another injunction restraining the Lady Judge from executing the case file involving Chiphazi Chaponda Chimanga…. No one is above the Law and not even Chaponda. Akuona ngati angadzalamulire dzikoli mdala ameneyu eti…

    “Chimanga changaaa nnaika mulichero ndapeza palibe wantengera chaponda”…#Singing#

  14. Anyamata aku Malawi tulo bs, chomwe mukudziwa ndi kumapanga post zinthuzi zolawula pa facebook. Koma zoti dzikoli likuonongeka simuukuona ayi.

  22. That’s very stupid. How can a visiting judge do such a stupid decision against chaponda when he knew that he was not going to proceed with the case.Chaponda is a tough guy I didn’t KNOW

    1. @izinso UMBULI uni ndi anthu akumwela has reached the highest level. The mere fact that the new judge is from the South then u v already started celebrating. What is there to celebrate? That a law breaker Chaponda will taken off the contempt case by his fellow southerners. This shows that even judges from the South r madeya. They r selling Malawi to crooks like Chaponda n Mulumbe. No wonder for as long as the South remains part of Malawi, Malawi will never prosper. Y? They do embrace n worship ignorance n believe in kuswana ngati nkhumba.

      1. Hahahaha! Iwe nde mtumbukadi basi! Kumpoto kulibe mbulinso! Nde panopono ayawofe tikuchinda atumbuka kobasi kufesa mbeu ya umbuli kwatumbuka sizinaonekenso! Gondwe waza chuma sanabadwile ku zomba koma ndi mbavanso, so can he develope malawi if he can be given a chance to govern malawi? Condem amene akusekelela kuti mbava chaponda samangidwayo than writing your rubish here.

  24. Kikikikiki … all in all, this is good news: and we will get fresh eyes to look at case law, and in context. A President has to have the powers to hire politicals, as long as they are not proven to have criminal pasts; and to fire, in which case the one fired has the right to take the government (President) to court.
    And Chirwa thought he would make a big mark, as a supernumerary! His decision will haunt him for a long time.
    No promotions for this guy. Asa.

  26. I foresee problems for CSOs. This De Gabrielle is one of the most corrupt judges in Malawi. Innocent poor Malawians are suffering because of her judgements at the Industrial Relations Court in favour of companies and corporations who bribed her. She is willing to do anything for money even in simple and straight forward cases.

    If you think that I am joking, just wait and see!!!!!!

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