Lawyer faults ACB boss for ‘flirting’ with Chief Justice in K2m probe
Private practice lawyer Frank Mbeta through lawyer Lusungu Gondwe, has accused Anti-Corruption Bureau (ACB) director general Lucas Kondowe of “flirting” with Chief Justice Andrew Nyirenda after he refused to be served with a High Court order stopping his institution from arresting Mbeta.
Mbeta, who had a warrant of arrest hanging over his head, obtained an order from the High Court in Zomba on Monday to stop the ACB from arresting him.
Kondowe is reported to have accepted service of the order after he telephoned Chief Justice.
In an affidavit of service for the judicial review of case number 16 of 2015, Gondwe said ACB boss has lawyers within the bureau and also the Attorney General’s Chambers to consult on matters of legal issues and not consulting the Chief Justice.
“Better still, you would have appointed external lawyers to render legal services to you. Certainly, you should not have ‘flirted’ with the office of the Honourable the Chief Justice,” reads the affidavit.
The lawyer said Kondowe’s consultation with the Chief Justice is faulted on two fronts:
“It slaps in the face all principles of separation of powers between the executive and the judiciary; and it impairs judicial independence.”
Lawyer Gondwe stated that State organs like the ACB “must know not to transcend in their engagement with the Judiciary. It is dangerous, in an open and democratic society, for the office of the ACB Director and that of the Chief Justice to mix and mingle just anyhow.”
The lawyer asked ACB boss not to bring the Chief Justice in “circumstances that will take away public confidence in the administration of justice.”
The Chief Justice has since called for a case file from the High Court in Zomba.
Disagreements have risen between Kondowe and Mbeta relating to investigations into the mysterious K2 million deposit into Kondowe’s First Merchant Bank (FMB) account.
ACB summoned a businessperson, Karamat Ullah Chaudhry, who is being regarded as prime suspset in connection with the K2 million deposit.
However, Mbeta, who was engaged by the entrepreneur for legal advice before he responded to the summon, advised his client not to go to the ACB’s Blantyre office.
Mbeta instead took his client to the Fiscal Police. A warrant of arrest for Mbeta followed.
In response, Mbeta went to the High Court in Zomba y where he filed an application to put aside the arrest, which judge Zione Ntaba granted, meaning ACB no longer had authority to implement the arrest warrant until judicial review of the matter is heard.
Judge Ntaba ordered that Malawi Law Society (MLS) as representative body under the Legal Education and Practitioners Act join as an interested party.
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From the grapevine, someone in dpp top cloud, very friendly with amwenye was behind the whole thing of k2m to stop the tightening acb nooze which is about to strangle and expose their corruption. If khondowe had accepted that money, it would have been the end of him and the relief of this dpp thief as his corruption nooze would have been loosened again!!!
There is more to this than meets the eye I can tell you!!! Shocking!!!
Iwe Peter your comment is myopic. Are you in Malawi or South Africa. Are you on crack?
Kodi what is this recent obsession with arresting lawyers?
IWE BWANGAZI, THAT IS THE DUTY OF THE LAWYER AND THEY WERE TRAINED TO DEFEND A CLIENT AND THEY GET MONEY OUT OF SUCH A SERVICE.
Katangale angathe chochi
I side with Mr Kondowe and I hope a million others would side with him. Our lawyers have become an embarrassment to national development. They seem to be experts of crookedness!
Our esteemed lawyers, be reminded that in this world of ours nothing stays the same and a profession that fails to support its own people will surely be redundant one day!!
Iwe no1 it seems you have no clue of the criminal law and OUR constitution. Any person is presumed innocent until proven guilty. Did you even go beyond standard 7? CHIFUKWA CHIANI KUTUKWANA CHONCHI. Lawyers are to defend if approached. Mbeta was right to take his client to fiscal police. The Boss of ACB is implicated and they call the Asian to their offices, WHY? Was he going to be intimidated? NGATI SUMNAPITE KUSUKULU OSAMANGOLEMBA ZOPUSA. ACB as well must be accountable. They cannot do this on their own by others. So Mbeta was brilliant
Whats wrong with the Zomba court? Every crooked lawyer who wants some crazy judgment rushes to Zomba. Crooked lawyers must be arrested and prosecuted. Period. Don’t hide under technicalities. I know this Mbeta guy and the Asians he “flirts” with. Soon his days will be numbered.
No integrity, Mr. Mbeta.
It clearly shows you’re not part of the fight against corruption.
Where is your conscience, sir? How can you frustrate your on laws? What label are putting on?
Tears drop in Malawi.
Mmangeni mbetayo. Issue is not about the 2 million deposited in Kondowes acoount. There is more to it. Just wait until events unfold. Actually he should have been arrested long time ago