Malawi court says Chaponda remains suspended, injunction on ‘maizegate’ minister not lifted: Judge to rule on Jan 31
A High Court judge has refused to lift an order suspending Minister of Agriculture, Irrigation and Water Development George Chaponda to pave way for smooth investigations on the maizegate scandal.
Attorney General Kalekeni Kaphale in an inter-party hearing on Tuesday asked Justice John Chirwa of Mzuzu High Court to lift the injunction a private individual and three civil society organisations obtained last Thursday asking the Court to suspend Chaponda.
The Attorney General also asked court that the CSOs that include Mzuzu based Youth and Society and Church and Society Programme and the Lilongwe based Center for Development of People should not be party to the proceeding in the court but rather individuals.
Justice Chirwa said he will make his determination on January 31 and that the injunction obtained by CSOs remain in force, meaning Chaponda is still suspended.
His judgement will come on the days results of the Commission of Inquiry into the maizegate will be released.
The maizegate scandal is a suspected corruption elecment where Agricultural Development and Marketing Cooperation (ADMARC) reportedly bought maize at K26 billion from the Zambian company and it is believed that Malawi could have saved about K9.5 billion if it had bought the grain directly from the Zambian government.
Their action by CSOs follows Mutharika’s appointment of a commission of inquiry into the allegationsof corruption and malpractices into the Zambian maize procurement saga.
Activist Charles Kajoloweka and the others argue that failure by Mutharika to fire Chaponda will compromise the outcome of the Commission of Inquiry on maizegate as a line Cabinet minister, he may interfere with the investigations.
Justice Chirwa granted the injunction last Thursday, effectively suspending Chaponda from cabinet and allowing a judicial review as the CSOs argue that Mutharika erred in his choice of commission of inquiry.
Chaponda faces contempt of court charges and possible arrest if he does not duly comply with the High Court order.
The judicial review application filed on Wednesday afternoon under civil cause number 01 of 2017, lists the respondents as: Chaponda as first respondent, the Attorney General Kalekeni Kaphale as second respondent and President Peter Mutharika as third respondent.
While the applicants are: Charles Kajoloweka as first applicant, Youth and Society as second, CCAP Synod of Livingstonia (Church and Society Programme) as third and Centre for Development of People as fourth.
The Attorney General also wants to be struck off the case because none of his decisions, actions or inactions are under inquiry in the intended judicial review application.
Meanwhile, law professor at the University of Cape Town in South Africa Danwood Chirwa applauded Justice Chirwa for doing his job, saying if a President fails to uphold the constitution he swore to defend, it is the duty of the courts to remind him of his constitutional responsibilities.
“The so-called commission of inquiry is a facade aimed at shielding the suspects from accountability. There is no need for an expensive commission filled by political cadres to investigate this criminal issue whose facts are easily ascertainable.
“There are qualified investigators within the law enforcement agencies who can get to the bottom of this within days, not even weeks,” Chirwa said.
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Chitsiru kwabasi chi Chapondamatope. Galu wachabechabe nkhope ngati galu wothena. Nonsense!!!! Zianthu zofunika mob justice zija ndi zimenezi. Usalireeeee waba wekha Chaponda, usalireee waba wekha. Mbuzi yamanu kunsi shatapu. You are a thief, your wife thief, your concubine thief, your children and grand children thieves; your president thief eeeish including your ancestors. Lomwez are thieves to the core.
A Kaomba ndi ozelezeka, munthu ochitsa manyazi Ife anthu aku Kasungu, munthu ongokhalira kupemphapempha. Muyikira kumbuyo zitsiru pamene abale any Ku Kasungu akubvutika ndi njala. Muwauzeso anzanu a LUKWA mumatipangitsa manyazi kwabiri. Tikudziwa mwayambaso kudya nao ngati za third term.ndinu zitsiru , mbuzi za mano kusi.
God Bless Malawi. God root out so many thieves in government, MBC TV, CSOs, churches, Immigration,Min.of Edu, Hospitals,Colleges & Universities, banks, Assemblies and Councils,companies, shops etc and let their leader Chaponda and lataPi know that you are still God.
M’mesa anthunu mumati Kamlepo akunama kuti some ministers are corrupt! Nanga lero siizi? Senoir cabinet minister as well as 2019 DPP’s presidential aspirant Chaponda is in now. Tinene kuti ali yekha ameneyu? Poti Chipani chonse cha DPP chikumuikira kumbuyo, sichikudziwapo kanthu pamenepa? zikusiyana pati ndi Lutepo? anthuwa ngoyipa koopsa kuposa Lusifala ndithu.
If current Administration is cornered it should just open up cases for Goodall Gondwe in 2005 Fertiliser Deal, Viphya Plantation Concessions and so many tumbuka bad deals and look for judges who will have passion to prosecute ambwenu- mbwenu and soon you will start crying. When tough gets going, the going gets tough. Put special prosecute to see how one tribe has managed to amass so much property in area 47 and 43 in Lilongwe. This is the start of war if you do not know. Newton Third Law will be applied here. You are just lucky that Wandale has not yet started attacking you gluttonous bastards. Much as we do not condone corruption, it should apply on equal basis on jet proceeds, PP Cashgate Mota Engil deals and so on. Malawi stinks as one region thinks it has right to cause civil unrest and that is the reason July 2011 is only remembered in that region where almost all the victims were robbers and bandits but treated as Robin-Hoods
Gugile Chiwetoh you are choli. Chindere chakufikapo. if current
Administration is cornered it should just open up cases for Goodall Gondwe
in 2005 Fertiliser Deal, Viphya Plantation Concessions and so many tumbuka
bad deals and look for judges who will have passion to prosecute ambwenu-
mbwenu and soon you will start crying. When tough gets going, the going gets
tough. Put special prosecute to see how one tribe has managed to amass so
much property in area 47 and 43 in Lilongwe. This is the start of war if you do
not know. Newton Third Law will be applied here. You are just lucky that
Wandale has not yet started attacking you gluttonous bastards. Much as we do not
condone corruption, it should apply on equal basis on jet proceeds, PP Cashgate
Mota Engil deals and so on. Malawi stinks as one region thinks it has right to
cause civil unrest and that is the reason July 2011 is only remembered in that
region where almost all the victims were robbers and bandits but treated as
Robin-Hoods.
***Shaaaa! a Chaponda chibwanocho ngati amameta ndevu ndi khasu! ***
mcp die hard, you are more than foolish
this is the only consolation for all who love justice and for the poor as well. God intervation
Tukwanani mmene mungathere together with your Yohane Chirwa.
But the truth is we who voted for this govt will not allow you another opportunity to cashgate with Abiti Mtila and Ada Banda.
You fabricated stories about late Bingu which you failed to investigate the two years you were in govt.
Flankly speaking we need a hand some president like chilima others are ngati choopyesera ana like chaponda kids will be running away coz he has an ugly face thats why others call him gandaganda in other ways bulldozer.
More importantly Malawians, we need to know how ADMARC Lawyer George Bakuwa died in Zambia while facilitating the maize purchase deal> Who did what and for what reasons? Was it a deal gone wrong/sharing was not done fairly? The commission should also dig deeper and let Malawians know the truth about Bakuwa’s death. We are interested to know the truth of Chaponda’s or Mulumbe’s involvement if any.
pepani. a Dausi ndi onse aku State House. Kodi a President athu Bambo Peter Muthalika law munaphunzira munamaliza syllabus kapena munalekeza panjira? Madecision mukupanga akutidabwitsa. Onani mpaka tachita manyazi zinthu zapafupi ngati izi or mwana waku nazale school sakanadikira a khoti kuti auze mjomba kuti apume. kaye. I hope madotolo ali pafupi chifukwa izi zimabweretsa. cardiac arrest pa nyasalandi. Kodi mpumulo wa …..unamangidwa kale?
is chaponda guilty before proven guilty?
Kwanguwa dodolido pa mz high court mitima yanguwa pa mphepete mawanthu imwe wayamba kugijima bundi lakuti wakulipanga wekha wanguwera pa cniduli kakhande wasangana na njuchi pakuchimbira kakhande wakola wamba kujuta
I am very happy with what the Judge has done. This shows real maturity in the presiding judge.
chaponda wl survive,trust my instinct.its not the opposition fighting him bt his foes within DPP
truery speaking if we had judges were like chirwa i think even DDP would have not been in power coz of mass iregulaties during the voting period simply a rerun of voting would have been conducted but coz 0f the stupid corrupt late judge mbendera that is why this group of thugs are in power one of them was donating bicycles preparing his way to 2019 what ashame! Recently MR Usi donated medicine to one of the hospitals the same groups of thugs started harassing chiefs to why did they allow him to do so what kind of maniac people are these. ? mr president can not fire mr maizegate coz he is just a substitute in the party when this party was formed he was eating spaghetti overseas so has no much power to do that.Let me ask where is mr Lucious Banda i use to like his songs like now coz you are an honourable you are part of them voiceup we want young blood to lead our country we are sick and tired of these old timers they have in different offices since the 7os they have done nothing apart from stealing public funds lets riseup we the youth and tell the old timers to quit their posts and be filled with fresh blood, i know we are bought by these thugs with their handouts and little cash less than K5000. But let out save our mother malawi.
Chaponda saliyekha pa maizegate Paliso Chinachake chi big fish koma ndiye akuziwani a Malawi kuti ndinu ayudasi
we are tired of you chaponda & peter.we don’t no which school you people went to.rubbish
Justice and its executor Malawi a Moto di basi..kkkkkkk. Ma judge a pa Malawi..
Is it not the same Nyasa which showed us Chaponda receiving boreholes from China? Which suspension are you talking about? In what capacity was he receiving the boreholes? Mbuzi zokhazokha.
@ Santana
You should be stupid. What kind of person would back a thieving official? Do you understand how much pain people in the village are going through to buy maize?. I mean your level of stupidity is simply unprecedented. Well, you have to be told that not every body is that stupid as you are. This country belongs to all of us and we will not allow a few bandits masquerading as leaders steal with impunity. This will not happen. Chaponda is a lawyer and he knows the consequences of ignoring a court order. Let me school you stooge. With that order in place, Chaponda cannot transact business as Minister of Agriculture and should he do that that will amount to contempt of court and your thieving Chaponda knows the consequences of that. The best that you fool called Santana can do is to take this because you have no choice to leave it. Your thieving Chaponda is not Minister of anything as it stands now. You president is simply too coward. He cant grow balls to deal with a thieving Minister. Pathetic President
@ “Nzika …” Taper down your level of anger; and do NOT call “Santana” stupid this, stupid that, just because you disagree with him. The institutions of higher learning you went to, did they not teach you manners there? Like present an argument without personal attacks?
Next time, just try arguing civilly, and your words will carry more weight.
I like the way you have civic educated Santana, thus stupidity at its best.
He received the boreholes on his capacity as MP of that area.
chindere chapondedwa basi! You know the old saying, you can run but you can’t hide.”
And Obama recently said that his mom used to tell him that reality would always catch up with him.
I hope now reality is catching up with Chaponderedwa! Bravo Justice Chirwa. Keep Chaponda’s feet on fire, no let up please!
You know the old saying, you can run but you can’t hide.”KKKKkkkkiiiiii chapondedwa basi!
Court should move in to arrest chaponda for contempt of court. Charles kajoloweka and friends , chonde push for contempt of court. Chaponda akuderera
Democracy of chaos indeed. Netanyahu is being questioned by police on corruption charges and he is still the prime minister of Israel. In Malawi some disgruntled middle man and Zambian opposition make allegations and a minister should resign based on that? Where were these rulings when cashgate broke in JBs government? Why were there no court dismissals of eg Minister of finance at that time? How did investigations take place in ministries when no minister stepped aside? This looks like cheap politics. Why should everything be politicised?
Bravoooooooooooooooooooooooooooooooooooooooooooooooooooooooo.
I see all the comments are coming from our brothers and sisters from the North who are supporting this .Any way its up to you . There is God in heaven who will tell us whether chaponda is guilty or not. Chirwa from South Africa is a Tumbuka he cannot say anything against his fellow mwanawakwithu. They are all Chirwa.
All you can see is tribalism you idiot. Chaponda is your hero. Possibly you are one of the beneficiaries of chaponda’s thieving practices. You must be very stupid.
Why were these injunctions not taken during JBs cashgate? Its because these surnames were benefitting Mkandawire, Nyirenda, Mwakasungula, Kamanga, Chirwa etc! Notice anything in common? This is what is wrong with Malawi even CSOs are not impartial!!!!
GOD, please help us as you did last time.
Tiyeni nayeni ameneyi paja amenena kuti iyeyo ndi bull doozer
Zavuta pa nyasaland
Faka mpweya Orton Chirwa, Manowa Chirwa, Robson watayachanga Chirwa, Vindele ivyo uwasambizge mahala gha kweluzgila milandu wakwana Chirwa kkkkkkkkkkkkkkkk watibila kafula withu awa watiphalili dankha
May God the Almighty richly bless Justice John Chirwa. May His face shine on you Justice Churwa for ages. May He give you a very long life to see His kingdom. Infact, He should grant you more wisdom and protect you from these thugs. Frankly speaking, am really happy with this court decision. You have saved poor Malawina from pangs of thieves, thugs and heartless people who want to get rich at the expense of poor people. This is what we call independent decisions, decisions that are aimed at developing Malawi and promoting values of democray that we voted for in a 1993 referendum. If Malawi as a nation we are to develop then we need patriotic people like Justice John Chirwa. Citizens that are ready to serve Malawi fearlessly. Bravo Mzuzu High Court Judge John Chirwa. 9-billion Kwacha is a lot of money that could be used to buy some medical equipment at a certain hospital in Mulanje where I come from. This is taxpayers’ money, my money, the money that belongs to all Malawians. Such being the case, these public officers have to be prudent and accountable at all cost. Should that fails, then they have to be taught a lesson or two thru Courts whether they belong to the other arm of the government or not. This is a new Malawi with a very new perspective view over issues. A Kaphale zanu izooooo! I rest my case.
if a President fails to uphold the constitution he swore to defend, it is the duty of the courts to remind him of his constitutional responsibilities. PALINSO WINA ALI NDI FUNSO NGATI
@ Generation of Vipers
PALIBE.
Uyisova
Lamulo liposa mphamvu. This Chaponda fellow irritates me. Let’s see how APM handles this one. But then, is he able to decide on his own? Let’s wait and see. By the way, is Janet Banda still member of the Commission?
Out of 17 million malawians how special is this CHAPONDA Mr president?
Shaaa, no comment
A court suspends a government minister for stealing maize……… maizegate.com
Wagwanayo chaponda. kkkkkkkk
This is great news indeed, a crook is is crook
I think our judiciary is independent indeed… Am so happy… Mmalawi monsemuno si chaponda yekha yemwe angakhale pa udindo umeneu… Ndiponso cabinet yonse imaenela kusinthidwa…
mkulu wa chachondeyu mchoseni basi tatopa naye
Bola asamuzimitse Justice Chirwa.. Anthu awa ndi achabe… Makamaka uyu mukuti waba mondokwa wathuyu..
Justice for all starving Malawians. We cannot be held to ransom by a single thief just because the president is scared of suspending him. He will return to his office once the Commission exonerates him, period. For now, Chaponda and Mulumbe should pave way for smooth investigations.
Chief Kaomba and your friends don’t confuse Malawians because of your corrupt dealings with Government, Look what the High Court Mzuzu has said towards Chapondas Involvement in the Maizegate, Shame on you!
I am very surprised by Kaomba, whether Chief or Thief. Kaomba is a traitor of this Nation, together with the other Southern region chiefs/thieves who are enjoying big money from APM to be speaking stupid things against malawians and supporting this dark age party on our own tax funded radio and Tv. Pathetic, is the failure to use their conscious and see that they are being used on evil deals, when many a people are really struggling with life, poverty at its worst, mismanagement and looting of public coffers, and yet the whole so called chief stands out to support such crooks? Hey! what is happening to our beloved Malawi? Kodi a Peter ndi alhomwe anazanuwo mulibe chisoni ndi wanthu a Mulunguwa momwe akusaukila mmidzimu? Wanthu woyipa inu kobasi Ambuye akulangeni, mufe musanadye ndarama zimene mukubazo.
CHAPONDA MUST BE FIRED.
Bravo judge Chirwa!!
Chadyaka wapoila. And Mr Attorney General: whose interests are you trying to protect? Zitsiru zokha zokha
Chilutenge Chizeleza Icho! Wakwana Chirwa! Mbuzi Zaanthu Zimenezo, uphwa, uwonda
What is the use of delaying the judgement up to when the the results inquiry will be out. Judge mwaizembatu nkhani apa? More questions then? Ice we wanted speedy decisions not these political judgements.
Pangani appeal ngati mukudandaula……hahahaha
Chilutenge Chizeleza Icho! Wakwana Chirwa! Mbuzi Zaanthu Zimenezo