Kumwembe gets stay of execution from Malawi Supreme Court
Malawi Supreme Court of Appeal has granted a stay order against conviction and the sentencing of four months imprisonment with hard labour (IHL) to Macdonald Kumwembe on contempt of court charges.
Kumwembe, a former Malawi Defence Force (MDF) soldier, sought a stay of proceedings of the lower court’s criminal case before High Court judge Michael Mtambo and the stay of his sentence and conviction on the contempt of court charge pending determination of his appeal against the sentences.
Making his determination, Supreme Court judge Lovemore Chikopa, granted unconditional stay of execution.
Justice Chikopa however said the court is reminded that Kumwembe, also answering charges of conspiracy to commit murder and attempted murder of former Ministry of Finance budget director Paul Mphwiyo alongside former minister of Justice and Constitutional Affairs Raphael Kasambara, is on bail in the proceedings before Judge Mtambo.
The Supreme also provided guidance as sought by Director of Public Prosecutions (DPP) Mary Kachale on whether Kasambara should be allowed to represent his co-accused Kumwembe.
The court ruled that Kasambara’s appearance in the court should not be an issue as he is not the applicant’s co-accused in the appeal.
According to the Supreme Court, the matter of whether Kasambara should continue to represent Kumwembe should have been put before the Malawi Law Society as the regulatory body or the Attorney General (AG) as the head of the bar.
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The MLS and AG should decide on whether Kasambala can represent the accused. -lie.
This whole issue is disgusting now, you will hear Malawi judicial system complaining of ladened cases but dragging some which might be sentenced by now.
With due respect to Justice Mtambo, the so called “modern day robin hood” I wish to advise that he treads with care because if any sense of anger is detected in his verdicts then these “guys” will continue challenging them there by buying time.
As evident in some “Cash gate” cases sentenced, ordinary and poor Malawians will always face the full force of Malawi laws if proven guilty.
Being frank enough , some sentences leaves alot to be desired!
There is a difference between a lawyer and a SMART lawyer!! The majority of them are not clever enough!! You can clearly see and tell!!!
GAME YA DRAW IYI!
mlandu wofuna kupha mphwiyo ndilibe nawo ntchito, koma a judicially kungopangitsa kuti ndalama zaboma zipite pachabe, anthuwa ndikuwina! muziwe next genaration.. ana anu azakudandaulani
Ife mulibemo
I dont understand how this system goes.If I were Mtambo,I would resign or seek asylum somewhere because even if it was that Kumwembe was sent to Prison on hatred reasons,life for lawyers in Malawi is at danger.
Now Kumwembe is out though on bail,now tell me what will happen to Mtambo as a Malawian citizen??Just a tip,
before you get an answer to this question,find out what was happening in the Court between Mtambo the Judge and Kumwembe.Mmmmmm Iam so scared really on what comes next!!!!!””
At 10 KK, why shud they be acquitted?
Lawyers @ work kkkkkkkk.
Tikudikira kutha kwache, kkkk
Zavuta
This is total not fair, you are compromising justice. Is this neopotism, bribe or corruption?
That man wont leave longer few days will pass to hell am telling u guys believe me
Koma Leatheryu ndi osokoneza
Mtambo must recuse himself in the case involving Kasambala. He seems too unprofessional
Mtambo is too emotional, retaliation and retributive justice over the case of Robina. It is non starter.
Ma rubbish business
tizingocheza
Hehehe!!!! who gets the last lough here? Emotions and personal vendetta in delivering of judgements wont get the country anywhere, you were ask to excuse yourself politely from the case, but you refused and here is just the beginning of what you are going to face. Mind you Ralph said that its now total war or Job 13:13.
And he is firing shots from his hospital bed.
i know chikopa b4.the guy is not gud items of handling matters.komaso ku malawi kuno ma court salibwino taganizani oyimbidwa mulandu wolemela wozenga mulanda osauka zingayenda bwa?
If only this country had judges like Mtambo this cash gate issue would have been dealt with a long time ago. But others are just there to frustrate the wheels of justice and the threats that Kachale said were being received from some of the accused should have been taken seriously in the consideration of these stays. The courts in Malawi have messed up our laws because each judge wants to be seen as the one who knows best instead of supporting each other to better the malawi nation. Chikopa was chased away in Zambia remember that trial of judges there!!!
The issue here is about Kumwembe not Kasambara. It was Kumwembe who was found guilty of contempt of high court. It is Kumwembe who appealed. It is very unfair to bring Kasambara into equation.
This is what we call judicial mess, there is just too much of playing games in our courts.
A disgrace to judge Mtambo and Mary Kachale. You left professionalism to the dogs and brought personal hatred and vendatta to the courts. Any rational man knew you had errored. It does need rocket science to know that. Even bongwe in the judicial system can agree with me. But what bothers me is that your actions are bringing the courts into disrepute. Just bow down and let other right minded people take over the case. We are also judging you from out here. Now get this embarassment from the supreme court and i bet your judgement will be shot down! Its not factual.
It was obvious Mtambo had erred. Even me, a person who is not a lawyer, noted the error. Mtambo is using his emotions in this case. These guys could indeed be guilty, however Mtambo, with the help of Kachale, has messed up the whole case. Now watch as they all get acquitted on all grounds and we the taxpayers foot a huge lawsuit. Fruits of a banana republic!!
Only GOD knows
my understanding of “court levels” if the case was tried in magestrate court and u r not satisfied with the ruling u go to the high court and if u still not satisfied u go to supreme court. thats whats been done here. if u will find urself in same same situation, i think u would take the same course of action.
Nde Mwati Phinifolo ndi ndani?
mtambo vs kasambara
Malawians, do not trust the judiciary. U can see what’s happening. Why stay the order? The guy was in contempt of court and the judge ruled accordingly. And Chikopa stays the excution. What is he trying to saying?
Iwe phinifolo, the opposite is true. Chikopa is a friend to kasambara. Mtambo ndi dheal, vuto ndi chikopa. That’s why justice can’t b administered in nyasaland, too much politics at judiciary. A waste of time kkkkkkk
Phinifolo here is Kasambala himself trying to confuse the nation and the judge.
Here we go again; Stay, injunction, execution, etc. Life goes on in this impoverished country where even the judiciary is at a loss on how to deal with the obvious things. And we know that Justice Chikopa has been a close friend of Kasambara for a long time and that is why Kasambara , a close ally of Late President Sata, recommended Chikopa to head that commission investigating the judges in Zambia even though he was junior to the judges under investigation..
A Mtambo mwagwa nayo nkhani iyi. Munachulukitsa personal hatred nkuyiwala professionalism. Look, you have embarrassed yourself.