Legal, political experts say DPP attack on judges will backfire

February 19, 2020 Owen Khamula - Nyasa Times 46 Comments

A legal expert and a political commentator have separately warned the ruling Democratic Progressive Party (DPP) that their attack on judges through ‘march for the restoration of democratic justice’ would backfire.

 Professor Garton Kamchedzera (r) says DPP must be condemned for intimidating the judiciary
Mvula: Move by DPP is retrogressive

DPP on Monday held what they said protest march in Blantyre  and on Wednesday in Zomba against the Constitutional Court ruling in the election case which annulled the May 21, 2019 presidential election.

The court ordered a fresh election in July.

But DDP has  made unsubstantiated allegation that the Constitutional Court judges received a bribe from businessman Simbi Phiri to rule in favour of Dr Saulos Chilima and Dr Lazarus Chakwera in the presidential petition case.

However, political commentator Humphrey Mvula said the move by the party was retrogressive.

“I wonder if the party has strategists worth their salt. You cannot attack judges in a savage manner at the same time go to their courts to seek an appeal,” Mvula said.

Garton Kamchezera, a law professor at Chancellor College, a constituent college of the University of Malawi (Unima),  said the DPP must be condemned for intimidating the judiciary.

“What they did yesterday cannot be dignified. This was an attack on the independence of the judiciary. This will backfire,” said Kamchezera.

The DPP spokesperson Nicholas Dausi ss he said the Constitutional Court ruling was against the will of the people.

Anti-Corruption Bureau spokesperson Egritta Ndala asked for more time to comment on the petition by the ruling party demanding a corruption investigation against the five Constitutional Court judges who heard the election case.

President Peter Mutharika  has already branded the Constitutional Court’s decision as “a threat to democracy and an attempt to usurp the will of the people”.

In his special address aired on Malawi Broadcasting Corporation, he said he considered the judgement a “serious subversion of justice, an attack on the country’s democratic system and an attempt to undermine the will of people”.

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46 replies on “Legal, political experts say DPP attack on judges will backfire”

  1. Saunders, I think you miss the point 101%. To begin with it was DPP all along advocating that it will accept the ruling of the Con Court. It is thus ironical for DPP not to honour its promise.These were 5 judges not one, not two not three either.There is no way all the five judges would get it wrong boy!!!!! Secondly the issue of bribes to Judges should have come before the determination of the court as was the case with the Dr Mpinganjira one. Not now too late for tears. Thirdly you talk of composition of the judges???I dont understand your logic on this .. This is not a region issue or a tribal issue.. its about facts of evidence provided to the court. If I may ask how many court judges do we have, then count how many are from what region? Check the supreme court composition for example how many Court judges are from what region?? So is it by design or its the way things are??? The CJ had very limited choices if going by your argument of composition of judges is anything to go by. It is by nature if I may be allowed to use that word how many court judges are from one region?…Ndemumati a CJ atani nanga? asankhe bwanji.?His choices were limited to the judges he had in his plate.. This wrong mentality though reminds me of our national soccer team .. u will notice that many players come from one region but this is not by design but by quality of how they play..Is it tribalistic??? I think NO…. so too could the issue of judges be…Its got to do with how many there are.. But this is a frivolous argument that needs not be condoned as it is both divisive and based on regional lines. it doesnt help.Judges are appointed by the president and most of those were appointed by DPP president.. Lets just look at evidence and facts in court without necessarily looking at who was the judge from..Was tippex not used,? were duplicates used instead of originals? Were alterations accepted on form 66 against PPEA? Did commissioners log in and approve results? did they over delegate their powers? was constituency tally centres created against PPEA requirements? these are some of the things we should be looking at not talking about where the judges come from?

  2. As Human beings Judges can ERR, they can connive and can sympathise with a cause. Thats what DPP is trying to highlight. even Donald Trump criticised the judiciary and some judges in his impeachment case. Unless Malawian Judges are ubove reproach or are angels that they can not be criticised, our judiciary has a bad reputation and operate like Mafias, I cannot back them in anything, they are not a cream in our society and the handling of this case leaves a lot to be desired, the composition of the panel is also questionable, also the actions of the CJ as we were nearing the Judgement is also suspect. When it was discovered that DPP wanted to bribe the Judges does not disqualify that the petitioners also influenced the case using other means and channels at their disposal. DPP can not just wake up and mention a name of an individual out of Malice, they may have something they know. Many legal minds are trying to demonise DPP and issuing threats to the party that they are in control, or in other words they are telling Malawians that they are a CARTEL that can not be scrutinised. Please note the Courts/Judges dont elect Leaders, but the villager and man in the street. The same arrogance happened in Kenya and the man in the street had the final say, DPP has every right democratically to peacefully reject any flawed judgement and dont threaten them or dismiss them.

    1. Misala iyi, chi page chonsechi? Ukhaula zinthu kudzasintha pa Malawi pano. Cadet wagwa nayo, tazikayendani pa nseu, inu mmene azanu ankayenda simunkati ndi misala? Now it’s your turn, ndipo muguba simunati, kikkkkkk nkhonya yobwezela kuwawa. The painful thing is that you are walking as a Party against the truth from the Court,pamene Ife timayenda as Malawians kufuna chilingamo,, iiii apo ndiye zowawa heavy! Pezani nthawi yopita pa nseu odala. Pano muchedwapo chabe. Idiot!!!!!!!!

    2. @Saunders
      Trump is a pathological liar and an existential threat to democracy in the world just as DPP is to the judiciary and separation of powers in Malawi. Trump is a mafia who is using all tricks possible to retain power for the sole purpose of nurturing his sadistic ego and boosting fortunes of his family business.
      Looks like a mirror image of DPP back home. Sick people!!!

  4. So the stupid judges use emotions not evidence to determine cases. Why should something backfire when concrete evidence has been presented

  7. DPP CHIPANI CHANKHAZA,BASI KUZIONA KUTANI INU KODI????? NZERU KWAMBIRI KUTI NDINU NOKHA AMENE MUMANENA ZOLONDOLA?? WILL OF PEOPLE YAKE ITI? YA ANTHU 10 OUT OF 100???? KOMA MR DAUSI INE MUMANDIMVETSA CHIFUNDO…

  8. Ladies and gents, how do expect a rat to win in a court presiding by 5 cats, definitely that will be impossible. To my opinion, Mvula is not fit to be a political commentator is another failure politician.

  9. Following the careless moves and statements through various media houses, these dpp stooges will have no supreme court judge accepting to handle their appeal case!! Believe you me we shall soon hear that every judge is recursing themselves from the appeal case! Vuto lili ndi ma guys wa ndikuti anachuluka a Jerusalem/cypress university nde kuganiza kumawavuta heavyyyyyyyyyyyyyyyyyyyyyyyyyyy!!

  10. I think anthu ena simuganiza bwino or you dont know what legal matters are all about. How do you lament kuti they were petitioned one thing and they went on to bring in other issues? If you take some one to court for trafficking chamba and is found guilty, is it wrong for the court to give him a jail sentence and go further to declare the vehicle used to be confiscated to govt? Unganene kuti akanangopanga zoti wapezeka ndi chamba koma galimoto atengeranji? The courts are there to hear the case give punishment and give other remedies as well

  11. DPP cadet arrested over 106 Chamba bags February 19, 2020 Judith Moyo – Nyasa Times 11 Comments Malawi Police in Salima District have arrested, Chingeni Kadam’manja, Democratic Progressive Party (DPP) youth cadet, for allegedly being found in possession of 61 sack bags and 45 plastic bags of Indian hemp locally known as chamba. Police parade suspect for a photo with confiscated Bags of Indian Hemp Kadam’manja, who is also Nyasa Big Bullets FC supporters committee treasurer, is not a first offender in possession of chamba but was previously let scot free because he was at one time among the security detail of the ruling party to Minister responsible for Disaster Management Affairs, Everton Chimulirenji. Salima Police spokesperson, Jacob Khembo, said they arrested Kadam’manja in the early hours of Monday . Khembo said Kadam’manja packed chamba in a minibus, which he was allegedly transporting from Dwangwa, Nkhotakota District, to Blantyre. He said police arrested Kadam’manja after mountin

    1. You love rotten things,
      by the way who has asked you which party you like and who is interested to hear that you like DPP

  13. Aha! This is exactly what I have been saying all along kuti justice in Malawi is subjective not objective, my argument has finally be echoed by these so called political or legal experts. Technically what they mean here is that you need to treat the judges well if you want your case to go well.

    Apa chilungamo sichiyenda simply bcoz the DPP has exercised its constitutional right to demonstrate against the injustice. Thus what these headless chickens are implying

    Koma akanakhala a Mtambo nde apo ufulu wawo akuyenela kutero.

    1. Your understanding seems to be very shallow, if you may read again what Kanchedzela and Mvula has said in their opinions, you will find out that Judicial is one arm of the Top in the Government system, and now making and or attacking it surely just shows that the system in the Government in this case as the DPP party in Power is a serious dangerous mistake since ever in the World have seen, my friend, it has proved to the World and or to us how your Governing party wanted to use the Judiciary to kill justice, that is why the Mpinganjila was on his way straight to the judge trying to put them on your way, unfortunately it didn’t go well because the refused to sell their own children’s future. So your argument is not making sense here. Suppose you as the Governing Party, you have found that the so called Judges are corrupt which you claim, how about those who are not in the Governing Party? We were all here when you were saying Judges can put to shame their fellow Judges, that you wanted to mean Jane Ansah, we were all surprised if really what you were saying was true, now because they have stand against your way, they are corrupt? The Governing Party is shooting itself! So wake up from your slumber, idiot.

      1. Justice Nyirenda reported corruption to ACB with facts and proofs. those who were involved in corruption were arrested even though DPP wanted to silence justice by issuing a mid-night injunction to squash the arrest. Here we have DPP with top officials gathering in the streets with plackards pointing fingers to the panel of 5 judges, where are you basing your facts and what is the proof.
        I can also see DPP lied to Malawians saying they will accept the court ruling if anything they will appeal to the Supreme Court so what are you saying here.

  14. What do you expect when the DPP strategists are Gredezer Wa Gefrey, Mchacha and Mbeta? These kind of strategists are so narrowed in their thinking that all they are worried about is the potential threat to their Lomwelized interests.

  15. Judges are people too, hence they can be criticised as anybody else. There is no one who is not influenced in their decision making by their history, beliefs and values. In my first year in law school, we were taught that judges make mistakes too.

    1. This is not criticism dude, this is an attack! And mind you, this is one Powerful Arm of the Government! Stupid! If you are trying to put them personally it is the other way but not like Judges! Criticizing Madise, Ivy,Potani,and others names has nothing to do with us but criticizing the Judge Potani,Madise and others because they handled a certain case which did not go well and or favoured you, that,we call it an attack. Brother you are attacking the Government. So in this case the DPP is attacking the Government, in other words DPP Vs the State. Fool! Why attacking yourself?????? Kikkkkkk it is only a mentally disturbed person who can attack him and or herself! Meaning DPP is mad!!!!!!!

  17. Haven’t we seen previous demonstrations that never made sense? We have also heard from Mai Kabwira who threatened the very judges yet none of these political,legal experts said anything.This is partiality of the worst.

    1. You are failing to understand something here, the Kabwila team, was not attacking the judges in fact she was also arrested if am not wrong, what Kabwila wanted was to make sure that the Judges since they’re the Arm of the Government should not and must not be under the arm pit of the ruling party by covered in the name of Arm of the Government, which now has been proved that Judiciary should be independently working for the Nation not for the Party. By the way the word attack can be used not to frustrates the truth but standing against the truth, this is exactly what is happening to day, You are attacking the judges because they didn’t rule in your favor. Get lost!

  18. Is winning with 38% a majority? Take your Oxford dictionary and read what majority means. Osamangopanga makani opanda nawo mzeru.

  19. I don’t understand this “backfire thing”. Does it mean to win a case you need to treat the judges as gods? To hell with justice if that’s the case. What is right should be right… If justice is too subjective, it ceases it be justice.

    4. If you don’t understand the word backfire then you better ask those who knows and understand it to explain to you rather than writing your useless and meaningless comment.I think you are the enemy of Justice like your DPP.

    5. Let me join you, legal issues are not as cheap as you always think, the ,,,,word backfire,,,, simply mean, cutting the branch of tree while sitting at its end. Or else, State Vs State in the same Country which is almost unbelievable! DPP which is in a State Power is against the State. Simisala imeneyo? Bwanji kaya zanveka kaya? Ndiye poti Cadet sanva!

  20. What would the opposition have said if ConCourt had NOT ruled in its favour. Kamchedzera is fond of trying to remain relevant by speaking drivel. By the way, when did Mvula repent and become and analyst. Mvula helped UDF rig the 2004 election and stole money at Shire Bus Lines.

  22. what if the courts ruled in his favour, what would be his statement? Kodi uloya wa APM ndiwotani?
    Who are the majority ? Chilima and Chakwera combined amassed over 2 million votes – They are standing for the majority
    Mpando kuusiya akuluwa akumva kuwawa

    2. Akamati the ruling was against the will of the Malawians, how many voted for Dpp?? They say 38 out of 100. In that 38 wo there is also tippex there, a ghost there, MEC chair and commissioners. The real Malawians who wished the other quarter are the ones that won not the 38

    3. They were petitioned one thing: Nullification of the vote: They went overboard to make certain declarations not called for. This smacks of conspiracy to undermine democratic tenets and usurp power through uncalled for legal machinations.

      Embarrassing!

      You cannot beat APM using the same people who failed!

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