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… Read more »
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