Justice Mwaungulu laments error-riddled appeal documents on Chaponda: To rule on Friday

Justice Dunstan Mwaungulu of the Supreme Court of Appeal say he requires more time to study further the arguments raised by the State’s appeal Justice John Chirwa’s ruling on the maizegate case in which he ruled that leave for judicial review of President Peter Mutharika’s decision not to suspend George Chaponda amid a probe into the Zambia maize import transaction must proceed and reserved judgement to Friday.

Justice Mwaungulu: Typos and errors

Justice Chirwa, sitting at the High Court in Mzuzu, also sustained an injunction on Agriculture and Water Development Minister Chaponda, but also ruled that Civil Society Organisations (CSOs) that obtained the injunction must not be removed from the list of applicants.

Mwaungulu said on Wednesday that he would give his decision in the matter on Friday, saying he found the documented presented before him riddled with manifest and banal mistakes and that the High Court might have overlooked some of the inconsistencies.

He noted one of the errors as CSOs indicating that President Mutharika should resign instead of Chaponda.

“You asked the President to resign and not the minister according to the documents before this court,” noted Justice Mwaungulu.

“What was sought and what was granted are different,” he stated.

Lawyer for the CSOs, Wesley Mwafulirwa of John Tennyson and Associates said indeed there were mistakes but asked the court to disregard them, saying appropriate amendments should be made.

He noted that the law allowed such corrections.

Mwafulirwa who is representing that CSOs-Centre for the Development of People (Cedep), Church and Society of Livingstonia Synod of CCAP as well a Youth and Society (YAS), said Supreme Court “needs to make safeguards” on governance.

“This is not a personal issue [against Chaponda] but constitutional in nature. Justice should not just be done but be seen to be done. This case is a test to our democracy,” lawyer Mwafulirwa from Mzuzu told the Supreme Court.

Attorney General Kalekeni Kaphale argues that Justice Chirwa, among others, erred in failing to find that Presidential powers of appointment, suspension or dismissal can only be reviewed on very narrow and limited grounds.

Kaphale further faults the ruling for failing to identify constitutional provisions that would be subject to judicial review in light of the facts so far disclosed, at the main judicial review hearing.

The AG also argues that the court erred in finding that the CSOs have locus standi [sufficient interest] to remain as parties to the judicial review proceedings and failing to contextualise the proceedings in relation to the Commissions of Inquiry on the maize issue.

Kaphale said they want the Supreme Court of Appeal provide an Order setting aside the grant of leave for judicial review and dismissing the proceedings with costs to the Appellants.

He also said they want the Supreme Court to reverse the ruling

 

 

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15 thoughts on “Justice Mwaungulu laments error-riddled appeal documents on Chaponda: To rule on Friday”

  1. chancellor wa Chancellor says:

    Justice Mwaungulu, I do not see any error in the CSO’s asking for the resignation of the President. This was done because the President was failing in his duties to discipline his minister. Being a so called lawyer the President should have seen the need to set aside the Minister to allow for the investigations to be carried out without any interference. Even the Minister as a Lawyer and supposedly a law abiding citizen plus a so called “Christian” he should have voluntarily stepped aside to allow the investigations to be carried. Why being so arrogant alomwe abale. That arrogance is what is pulling the country away from development. Be reasonable people with love for one another. Therefore is no error there. Read carefully your Honour, learned friend.

  2. Hello Gello says:

    Kodi Judge Chirwa Amai anamutola kuti? How could he deliver judgement without reading the submissions before him? Koma Atumbuka ena alibe nzeru…Trump would have called him “this other Tumbuka is a threat to judicial objectivity”.

  3. True or False says:

    In my opinion, and allow me to share it, the whole problem started when other people (possibly opposition politicians) wanted to take advantage of the alleged hunger reports for political gain. They exaggerated the numbers involved and took to task govt for doing nothing. Govt (ruling politicians) saw through it and knew if they don’t act and act fast they would lose the plot. They went overdrive looking for maize to counteract the negativity (possibly for political gain).

    Opp politicians were up in arms about maize shortage, where is the shortage. Private trader are awash with the stuff and nobody is going to Admarc. The imported maize did not even come but you find maize at every street corner. Traders are even reducing prices just to sell. Where in economics do prices decrease amid scarcity.

    Our rotten politics is screwing this country both on gvt and opp side but the opposition is far too worse. Instead of offering constructive criticism, they are obsessed with embarrassing government at every opportunity and if the government official involved is Lomwe, thats Pavarotti to their ears.

  4. Nkhwidzi says:

    A Josephy Banda – Chaponda is in this fix because of poor strategic decision making using poorly collected data in MVAC report. Remember no Malawian has died because of hunger. Parliament also made noise based on doctored MVAC report generated largely by government. These were just schemes to steal money. I hope you know of forged documents and other suppliers that were not metioned but have surfaced through this process of inquiry. A Joze just look at these issues objectively and not through political lens. KIKIKIKI

  5. william says:

    Malawi wa lero

  6. Joseph Banda says:

    Mr Fwethu and Mr Nkhwidzi you are very dull. Mr Fwethu if you want to criticize AG show as the section that disagrees with AG. Mr Nkhwidzi inu nde sukulu munasiila std 8. You do not understand what chaponda was saying. The parliament made noises that the house to be on fire (meaning NJALA IKUBWERA KUMALAWI). He took necessary steps meaning strategic decisions ( meaning kuthyola nyumba). If the government waited to happen in order to take what would have happened.

    1. Mfwethu says:

      As someone has said don’t look at issues thru political eyes but facts. I have given examples of people sent on leave to pave way for investigations, why didn’t he as AG correct that anomaly so that justice is seen to be served to all? Inu school yake munapita yakuti? Argue with facts and stop blind loyalty. I am not a lawyer but I can see injustice being perpetrated to others. The AG is the top adviser to Govt so he should have done the same in the cases of the other people who were told to go on forced leave not just coz the person concerned happens to be a minister.
      If am dull then I wonder where you fall along the line!!

  7. Khwidzi says:

    Chaponda had hullucinations of a house burning only to work up at see the house was intact. In his hullucination he himself benefiting immensely through rescuing the child. This is the problem of doctoring MVAC reports and not doing follow up studies. This what happens when agreed takes the centre stage. You end up holding the shit. Thanks whistle blowers for deterring these agreedy leaders.

  8. Muhasuwa says:

    But look here. You want to shoot down Mr. X then you stray and shoot down Mr. Y. And the one learned judge accents to that. Where on earth?

  9. Mwanna says:

    Vuto lofuna kuthana ndi munthu Judge Chirwa sanawerenge anali kale ndi judgement. Poor Judge used and exposed

  10. Namwene says:

    He is a mediocre.

  11. Imran says:

    You mean Judge John Chirwa passed judgement against the minister Chaponda not president muthalika who appeared on complanant’s document. This was not an error but personal attack. Thus why the minister cried if his being involved in this issue is not political and regionalism. Instantly Chaponda should go to court against CSOs and John Chirwa for the damage.

  12. Mfwethu says:

    This is one case that has shown that the AG is an average lawyer. Imagine on the radio saying there is no law that says one should go on leave to pave way for investigations, now you really wonder why MEC officials were told to do so; Hausi and Kamoto at MERA; and so many others. Has the AG shot himself on the foot?!

    1. Maizegate says:

      The top notch lawyer in Malawi is that guy you have sent to the penitentiary, Ralph Kasambala. Unfortunately he is paying for his insatiable appetite for cash. As for this case the AG is defending an indefensible situation. There are so many cases, local and international, that we can refer to where people relinquished their duties to pave way for smooth investigations. That how smart Chipnda should have looked in the eyes of Malawians. As lawyers Dr. Chaponda and Professor APM should have known this much better than some of us who are not in legal field.

    2. mmc says:

      Everybody is ordinary my friend.

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