Malawi Court extends suspension of Minister Chaponda, contempt case filed: Attorney General removed as respondent

The High Court  in Mzuzu has sustained the  injunction obtained by  civil society organisations (CSOs) restraining Minister of Agriculture, Irrigation and Water Development George Chaponda from executing his duties, until investigations into the alleged fraudulent purchasing of maize from Zambia are concluded.

Chaponda: Bulldozed by court order suspending him

The CSOs—Youth and Society (YAS), Church and Society Programme of the CCAP Synod of Livingstonia and Centre for Development of People (Cedep)— had appled for a judicial reiew following President Peter Mutharika’s  decision not to suspend Chaponda when he appointed a commission of inquiry into allegations of corruption and malpractices in the maize import deal between State produce trader Agricultural Development and Marketing Corporation (Admarc) and a Zambian company.

Earlier this month, Justice John Chirwa suspended Chaponda to pave way for investigations on the Zambia maize import transaction.

In sustaining the injunction that leaves Chaponda suspended, Justice Chirwa  pointed out that the Courts have “jurisdiction over all matters including Executive decisions.”

Justice Chirwa also ruled that CSOs have “sufficient interest” to litigate on the maizegate scandal and including all matters of public interest.

The court agreed with Attorney General Kalekeni Kaphale that he should not included as party to the case and has been removed which means President Mutharika and Chaponda remain as the only respondents  in the Civil Case No. 1 of 2017. .

Meanwhile, CSOs  through lawyer Wesley Mwafulirwa have also filed for contempt of court against Chaponda for sneaking out of the country to Germany despitefor official duties despite  an order from the court.

Chaponda can also be found to be in contempt of Parliament for failing to appear before the joint committee probing the maize deal.

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Msazafulu Dums.
Guest

Let the law act please izi ndi mbava zothelatu.

Man eni eni
Guest

Bvuto ndi amalawi basi

KD
Guest

Chilungamo chioneke basi osati chizioneka pa milandu yoba nkhuku.Nkhuku imatha kukhala ya munthu m’modzi koma taonani nkhani ya chimangachi mamillion aanthu amene akhudzidwa

Richard Soko
Guest

Now I can see why there is high level corruption in govt and statutory bodies. Govt has been high jacked by the robber lomwe tribe. Judge Chirwa understands the laws of Malawi and is interpreting them correctly and professionally.

The Partriot
Guest
Facts: 1. The suspension of Chaponda has been sustained 2. The courts have jurisdiction on all matters including executive decisions 3. Judge Chirwa is Malawian(regardless of his tribe). 4. Chaponda is a cabinet minister in Malawi 5. Maizegate is an issue of national importance. As a nation we need to refrain from seeing tribes in every issue. The case here is that of a cabinet minister whose ministry is being investigated for probable malpratice in the procurement of maize for the nation. Remove the names and the tribes: every sane Malawian will agree that the court is right in suspending… Read more »
Pilirani
Guest
Malawia has long way to go indeed, how do you suspend your minister of agriculture based on rumours at the very critical point of agricultural season of which it is the very back bone of your economy, and you clap hands to that?, I thought your constitution tells you that one is considered guilty unless proven. You may say he should step down, based on what?, rumours?, if you may say these are not rumours, just ask yourself how many versions of the same story have you heard so far?. People dont eat politics remember that, should he be found… Read more »
Maizegate
Guest

I told you ….. azanthu akumwerawa sukulu ndiyovutirapo. Chaponda sichina ayi koma umbuli wamunthu. Anthuwa olo aphunzire ,umbuli siutha. Its about understanding the consequences of contempt of court of which Chaponda and Peter are ignorant

DOBO
Guest

Am neither a lawyer nor investigator but mark my word as a keen observer of issues public interest..As long as no Access To Information law no crucial information can be released.Only crucial information will be found in Zambia but linkage to what happened here in Malawi will be twisted information leading to no reliable evidence.I believe money have already been released ny PTA bank.It will be very difficulty trace them thr RBM.No doubt about. The simple lie RBM is to say that NO PAYMENT HAS BEEN MADE.

Wanga ndi yemweyo
Guest
Tribal issues? Look, I am a southerner and I love Malawi, my beautiful Malawi. Now in Justice Chirwa, a northerner, I have found someone who shares the values that I hold dear. Salvation is salvation, it doesn’t matter where it comes from. As far as this case is concerned, Justice Chirwa is not a Tumbuka but a fearless and God-fearing judge who has chosen to work for the good of law abiding Malawians, regardless of where they come from. He remembers his oath which Chaponda and APM have clearly forgotten about, assuming they are really lawyers. My friends from the… Read more »
Yahya Jammeh
Guest
Mutharika, a prominent Lawyer? Iwe Satan what do you mean? Do you have Mutharika’s track record as a Lawyer? How many cases has he won if at all he practised and where. Teaching and practising are incongruent. Teaching is typically theory while practising is practical when a Lawyer defends a murderer knowing very well he/she committed the offence and win the case. If you talk of Kaphale to be a prominent Lawyer, yes, I will agree with you, but a case is won in the court of law based on reasonable arguments and technicalities, wamva Satana?. Chaponda Mgaga will be… Read more »
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