Prominent private practice lawyer Lusungu Gondwe has challenged Malawi Law Society (MLS) of acting ‘unprocedural and in bad faith’ in their recent spree of naming and shaming of lawyers alleged to violating ethics of the procession.
In a letter dated Monday, May 29, 2017, addressed to MLS president Khumbo Soko, Gondwe has registered protest to the publication of the notice by the Disciplinary Committee of MLS and ‘demand immediate withdrawal of the notice with like publication so far as it concerns Mr Lusungu Vulula Gondwe.’
Gondwe, according to the notice, is said to be among lawyers put on suspension and recommended by (MLS) for prosecution for allegedly receiving over K 26 m on behalf of his client but failed to remit about K 9 million.
Through his lawyer Bright Theu, Gondwe argued that the naming and shaming of the lawyers was “unprocedural and in bad faith.”
He argues that there was no disciplinary hearing held and, again, the publication of the so-called recommendations was unprocedural and in bad faith.
His lawyer then argues that in the premises, and for the reasons articulated, “we are of the firm that we view publication of recomedation Lusungu Gondwe should be suspended from practice and prosecuted is inappropriate and deliberately prejudicial to Mr. Gondwe both in his calling and profession as a lawyer, and in terms of the proper conclusion of the complaint that was lodged against him, but which he redressed before even the conduct meeting was held.”
However, the Solicitor General Janet Chikaya Banda who chaired committee and , is also Principal Secretary for Ministry of Justice and Constitutional Affairs has strongly said Gondwe’s name cannot be withdrawn.
She said MLS were supposed to publish “all the cases we have dealt with and how we have dealt with them.”
The committee has also recommended for the disbarment and prosecution of lawyer Patron Ndhlovu for swindling clients’ money totaling to K11.9 million.
Another lawyer who the committee has recommended to disbar and be prosecuted is Kajani Banda who also received K1 million on behalf of his client but failed to remit it the client.
Two lawyers Mapemphero Manda and Lucious Kwakwala will be reprimanded for conducting themselves in a fraudulent and improper manner.
Veteran lawyer and legislator Edwin Banda received money on behalf of a client and underpaid the client and the committee has recommended that the disgraced lawyer pay back the balance and that he should be suspended.
Golden Mwangulube charged his client exorbitant legal fees and as a result the committee recommended that he should be reprimanded for this act.
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