Lawyer Lusungu Gondwe challenges Malawi Law Society for acting in ‘unprocedural and in bad faith’

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.

Lusungu Gondwe (R) with another lawyer  Louis Ulaya

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also Principal Secretary for Ministry of Justice and Constitutional Affairs  has  strongly said Gondwe’s name cannot be withdrawn.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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Chatonda Lodge
Guest

Bright Theu and Lusungu Gondwe former classmates from both secondary school and College; they are buddies..

mtete
Guest

Typical of lawyers, a lot of jargon just to confuse us laymen. Can someone please tell me what Bright Theu is trying to say? My understanding is that this Gondwe fellow did not remit all the money due to his client. To me this is daylight robbery.

This is probably why good old Kamuzu (MHSRIP) introduced Traditional Courts to deal with so obvious cases like this one.

Kuba kumeneko bwana and you should be shamed just like others of your type. Shame on you

Rift Valley
Guest

Typical of lawyers; jargon after jargon that mean nothing. Can anyone educate me as to what Bright They is trying to say in defense of Gondwe? Gondwe, we are told swindled client’s money and, as far as most of us are concerned, this is theft by someone a client put trust in. Shame.

Any wonder why good old Kamuzu(MHSRIP) had introduced Traditional Courts to deal with obvious cases?

Shame and shame them all

Dr Tonde
Guest
Malawi legal system is rotten and trash. Imagine one judge passed a sentence for a case he did not preside over and the judge was never punished for this! Another judge gave an injunction to stop the ACB from integrating Karim on alleagations of corruption; another judge gave an order to stop MRA from holding on to Kamlepos allegedly stolen vehicles; Kasambara continued to represent some cashgate suspects even when he was answering murder charges. Now that he is convicted he is still an SC. Masozi Chanthunya killed his girlfriend Linda Gasa and he is reportedly free drinking castle lager… Read more »
MAC
Guest

If you have never met a devil, meet a Malawian lawyer. They are all thieves – the Solicitor General is right, they MLS need to publish all cases. MLS is dithering because most of the lawyers in Malawi have swindled someone.

Yet we are first ones to blame politicians for the rot here. We are all corrupt and we should be ashamed as Malawians.

Ngongoliwa
Guest

Atumbuka tsopano!

masibusane zongo
Guest

timbava!!!!!!!!!!

Blantyre
Guest

The fight against corruption will be empty if lawyers such as Bright Theu backs Lusungu Gongwe and others when they are clearly wrong.

We are entering an era where every corrupt practice will be exposed whether a lawyer, politician, clergy or civil servant.
It will be difficult to cover up. Many people are facing injustices from people who could have provided it. Moreover, as dedicated Christians Bright and Lusungu should be exemplary.
God bless.

JJB
Guest
This ia why we are failing to convict thieves. You fail to understand that the law does not work on logic, it works on rules and procedures if you do not follow them, even if you caught someone red handed, that person could go free on a technicality. In Malawi people are very good at talking about “no one is above the law” and yet they do not know what the law is. If you kill your wife,s boyfriend, it can be murder,manslaughter, or justifiable homicide. (But someone was killed) and yet the killer could go free. In Malawi you… Read more »
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