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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36 thoughts on “Malawi Court extends suspension of Minister Chaponda, contempt case filed: Attorney General removed as respondent”

  1. Msazafulu Dums. says:

    Let the law act please izi ndi mbava zothelatu.

  2. Man eni eni says:

    Bvuto ndi amalawi basi

  3. KD says:

    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

  4. Richard Soko says:

    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.

  5. The Partriot says:

    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 the minister.Now if anyone out there cannot comprehend the facts at hand, and instead of discussing facts resorts to castigating tribes of the people involved….then we have a long way to go as a Nation!!
    Shame on all tribalistic comments in this fora….use your brains to digest facts and NOT your typing finger!!!

  6. Pilirani says:

    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 guilty then it will make sense for him to step down but no based on rumours

  7. Maizegate says:

    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

  8. DOBO says:

    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.

  9. Wanga ndi yemweyo says:

    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 south, do you mean you can not see the naked truth before us? The truth is that Hon. Chaponda thinks he is bigger than the laws of Malawi, bigger than the constitution of the land. Are you so blind you cant see this? I am sorry that we have people like you in this country.

  10. Yahya Jammeh says:

    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 finished politically very soon chifukwa cha mtundzu, just wait and see the final outcome of this tussle.

  11. santana says:

    Have this judge done anything to clap hands for? What is it in his rulings that have proved that he has power over Chaponda? His judgements have no effect on the daily duties of Chaponda because he is doing his work as usual. Do you really think Kalekeni Kaphale can dump Chaponda in this or any case? You people are lay men on these issues. Don’t you think what Kaphale has done is a tactical withdrawal? He knows what he is doing. APM, Chaponda and Kaphale are all prominent lawyers. They are looking at this issue very carefully and discuss it together before taking any involvement. Ndinu ana inu.

  12. z luhana says:

    Issues to do with the law are quite complex. we have seen different interpretations of the law; some say Judge Chirwa is wrong while others say bravo! I GUESS that the judge has shown that nobody is above the law even the president.
    this is the correct version of the law whether we are for peter or not .
    Maybe what should be known here is that any wrong decision made by APM and his clonies affect all Malawians.
    WHEN the leadership is not doing what we expect of them , we must in unison wake up and protest otherwise worshiping mediocrity will not help us.
    Maizegate has unearthed alot of evil taking place in the country,in fact b4 dust settles down , we hear of another plunder at Auditor Generals office not forgetting the TEVETA One.

  13. Wanchocho says:

    This is clearly a war being waged between a coalition of Chewas and Tumbukas against tribes from the South (Lomwe, Mang’anja, Yao and Sena) . Chewas, being a very docile tribe within the region are just being used to advance the Tumbuka agenda. Lets wait and see

    1. Achimidzimidzi says:

      zitsiru inu anthu aku mwera. After all northern and central regions always produce enough for themselves. But agalu akumwera mumango dalirira donations and assistance from WFP

      This maize was meant for you lazy people. Mbava zokhazokha anthu odya njoka ndi abuluzi

      next time talk sense on this platform. do not abuse others

      1. Chatayika Phiri says:

        My friend if you have no business better remain silent. This is not a forum to castigate each other. In 2015 almost 15 districts in the country were affected by floods are they lasy people, zitsiru? Pls be patriotic lets have postive contributions. secondly what u should know is all the rivers from upland converge in the lower shire on its exit to indian ocean so u can imagine all the waters down there what else do u expect? I think whta shud be said is that people in the upland shud endevour to conserve forests and practice good farming methods so that ppo down there including other flood prone areas are protected.

  14. Wind says:

    The bout continues between Chaponda and Chidanti. The points now are, Chaponda 7pts and Chidanti 8pts.

  15. luka says:

    well done judge J Chirwa polimba mtima pankhani ya maizegate ndipo tisatosane dzala pano pa nkhani ya mitundu ayi, koma apresident mukuyenera kusamala chifukwa bwana chaponda akhoza kukupangani dikampeni 2019 ndithu samalani.

  16. Mwamali says:

    I support Kalekeni kaphale you have shown your professionalism in law I give you credit and also my bravo Chirwa uku nde kukhala tikonde dziko lanthu osati ndalama well done guys keep it up

  17. CHAPONDA says:

    BRAVO HIGH COURT………..U KNOW MW WELL….

  18. c says:

    He said he will deliver this ruling today.

  19. ochokera kumwera says:

    The problem is that anybody who is somebody in this government is either a lomwe or connected to a lomwe. As a result most people in positions that affect the running of things in Malawi are thes. It is therefore very difficult for supporters of both sides to look at any problem with a sober mind. To end this the president must broaden his pool of people to assist him run the country. Ndale tachita palibe chomwe tathandizika atah! Tafika pano ndi tug of war between alomwe (dominating the government) and atumbuka (dominating the juditiary). Ku parliament ndiye tikapeza atumbuka agwilizana ndi achewa.

  20. Achimidzimidzi says:

    AG Kalekeni Kaphale wazituluka. Wayionera patali ameneyu kuti the rope is getting shorter now.

  21. vacant seat says:

    I want the speaker of parliament to declare Chaponda’s seat vacant for clear contempt of court. No one is above law not even APM whom I doubt if he is a true lawyer upstairs given how feeble he is to act on simple issues. This would imply that for the next seven years this maizegate thief will not hold any public office.

  22. Chaponda usapezeke usowe

  23. God should be with you mr Chirwa you like your nation.Had it been some judges are like you Malawi could have been somewhere.Some other judges are more corrupt and because of deeds malawi.

  24. bwighany says:

    bravoooooo judge chirwa!!!!!! i can now understand that indeed nobody z above the law.

  25. njoya man says:

    @kununkhantumbuka we v been saying kuti anthu akumwela especially alomwe wachuluka ndi UMBULI. How can a normal person or tribe back a dangerous criminal like Chaponda? Kodi alomwe inu mitu yano yili bwino? Where ignorance is embraced it becomes difficult to see evil n speak against it. Alomwe ndikantundu kosamva bola galu.

  26. mzika says:

    Lets not bring issues of tribes in this case. I am from the south, but I think Chaponda is growing wings unnecessarily. His recent conduct is so dangerous to the nation that if left unchecked can set a very bad precedence. We all respect the courts because that is what our laws dictate. We are all equal before the law. The standard practice is that every one holding office has to resign from office when investigations are on the head. Politicians as public servants have to obey court orders and summons by parliament to show modesty as servants of the people. The behavior portrayed by Chaponda recently is a big embarrassment to even his supporters in Phalombe where he comes from. This guy has to be given a lesson to deter would be followers of this nasty character. Nothing to do with tribes here. The guy is a disgrace to the nation.

  27. WATCH says:

    The issue here is not for Tumbuka people, but purchase of maize from Zambia .
    If you hate one tribe then you have a problem or you miss a point.
    Please hate theft, envy

  28. This is not about Tumbukas but the Malawians. Why you people always find problem with other tribes when they are giving good results on public issues? Judge Chirwa is a Hereo.

  29. 2019 says:

    Koma Judge John Chirwa umalikondadi dziko lako powonetsera ntchito ya court thumb up. We love you

  30. jimmy says:

    @mtumbuka watch your mouth otherwise atumbukafe we are clever than you how can someone smile at a thief? are u normal. chili dyooooo ngat chikumetedwa

  31. john says:

    Job well done Mr.chirwa noone is above the law.We salute you.

  32. One day tumbuka people shall regret for their selective justice.

    How hypocritical mbwenumbwenus are! Look, they back joice banda despite incriminating evidence of cashgate, jetgate, etc tendered by witnesses in court. Why not push for her return to face justice?

    Mudzalira atumbukaaaaaa!

    1. mabusa says:

      Yah, you man you know how to insult yourself. you are also a human being like the ones you insult. are you not ashamed of yourself? do you think even your parents are happy to see and read your comment that your fellow human beings the so called thumbuka smell foul. we are also human being here like you but what is wrong with our brothers and sisters in malawi? we also have our own political affiliations here but we don’t insult one another like you malawians. i like malawians but most comments are tribalism, politically etc how are you gonna be a one nation

    2. Proud Malawian says:

      I just hope you are not as Ugly as your comment in real life. This idea that every northerner is a Tumbuka or ugly whatever…as you put it is so shameful to your parents and those who shaped your life. By the way some of us who happen to be from the North are also very good looking which I can certainly say here more than you just as my other brothers from the south or central regions may also be good looking . If we want to move forward as a Nation we need to see beyond tribe but consider ourselves Malawians first. I am a Tonga and a proud one for that matter but I always consider myself a Malawian first before I am a Tonga. In so doing it does help me see things which are of great interest and importance for my Malawian brothers and sisters not just my tribe. Remember One Malawi One Nation.

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