Zomba principal resident magistrate Ben Chitsakamile has been interdicted by Judicial Service Commission (JSC) in compliance with an order High Court of Malawi Judge Dorothy NyaKaunda Kamanga, for “unprocedural” quashing of a warrant of arrest the Anti-Corruption Bureau (ACB), had obtained for business mogul Thomson Mpinganjira.
High Court of Malawi and Malawi Supreme Court of Appeal registrar Agness Patemba confirmed Chitsakamile has been interdicted.
Chitsakamile issued an order at midnight on January 22 2020 to have Mpinganjira walk to freedom in the case he is accused of attempting to bribe the five-judge panel of the High Court sitting as the Constitutional Court in judgement over the presidential election petition case.
In her review of Chitsakamile’s order, Justice Kamanga found it to be irregular and illegal on the basis that it was made without sufficient information, missing documents and that the magistrate did not scrutinise the same.
Meanwhile, Malawi Law Society (MLS) has said disciplinary proceedings for private practice lawyer Lusungu Gondwe is underway as the High Court had also ordered the same for his lawyer in violating several procedures in the midnight quashing of Mpinganjira’s arrest warrant.
Justice Kamanga found that it was a kangaroo court as there were no records that lawyers appeared before the magistrate Chitsakamile; hence, ordered that lawyer Gondwe and the legal firm Ritz Attorneys should no longer represent Mpinganjira in the criminal case.
Solicitor General Gertrude Hiwa is chairing the disciplinary committee.Follow and Subscribe Nyasa TV :