Malawi govt to challenge Minister Chaponda suspension: Attorney General says court order has ‘fundamental error’
Malawi government will challenge the High Court ruling in suspending Agriculture, Irrigation and Water Development Minister Dr.
George Chaponda from discharging his ministerial duties.
Attorney General Kalekeni Kaphale confirmed the development in an interview with Zodiak Radio immediately after the ruling was
delivered at Mzuzu High Court by Judge John Chirwa on Thursday morning.
Kaphale said upon being served with the court order, they will go through it and counter argue.
He however admitted that as a law abiding government, they will at the meantime follow the court order once they are served with the
documents conceding that Chaponda has been relieved from his duties.
Kaphale nonetheless faulted lawyer representing the Civil Society Organizations (CSO’s) and Youth Activist Charles Kajoloweka on the matter for failing to thoroughly enlighten the judge on some other issues including the limits court are supposed to follow when giving out rulings.
He argued that courts cannot rule on issues to do presidential appointments but rather only administrative issues.
“We believe a fundamental error has been made,”said Kaphale.
The CSO’s have been protesting against President Peter Mutharika’s sole appointment of the members of the Commission of Inquiry
instituted to investigate the suspicious Maize purchase by the Malawi government from the Zambian government.
They went on to ask Mutharika to fire or suspend Chaponda to pave way for smooth investigation but Mutharika refused claiming he cannot act on mere allegations and rumours.
Apart from the Commission of Inquiry, Malawi Parliamentary Committee on Agriculture and the Anti Corruption Bureau (ACB) are also running parallel investigations.
Kaphale you can not win your case. People are not challenging the appointment of Chaponda as a minister. People are challenging the rationale of keeping him as a minister while investigations are on his head. They are fighting for his suspension pending the ongoing investigations. That issue is administrative by nature. The judge here was right to grant the injunction. Mr Kaphale should not forget that the constitution gives unlimited powers to the high court on all maters of law. Where people believe justice is threatened, the court is there to provide guidance and relief. That is exactly what has happened. Please, remember that your position is not permanent to risk your professional integrity for the sake of it. You are not the firs nor the last to be an attorney general, my advice.
I don’t agree that the judiciary has unlimited powers on all matters of law. We’ve had cases in which the courts have advised parties involved to sort matters rought before the courts through other means. That said, much as I’m one of the people who speak earnestly and strongly against corruption, I believe letting people take injuctions against cabnet ministers in this mean (or whatever manner) threatens the president’s power to hire, suspend and fire cabnet ministers. Once this is condoned, the next thing we should expect to hear is that someone has taken an injuction against the appointment of so so as a cabnet minister (or whatever post) because they believe that gender/tribe/regional/religion considerations were not given a thourough thought or because the appointed lacks certain attributes… There will be chaos……..
Chaos is what we need to sort out the mess and it is just a matter of time for a bomb to explode. The president should foresee that this kind of scenarios will cause havoc in the country.
I REPEAT, THE BIGGEST PROBLEM FACING MALAWI TODAY IS THE TUMBUKA FACTOR!! TUMBUKAS HAVE SLOWED MALAWI DOWN SINCE KAMUZU TIMES. THAT’S WHY KAMUZU DISPATCHED THEM LIKE JEWS DURING HOLOCAUST TO THEIR CONCENTRATION CAMP – THE NORTH. THEY ARE A CANCER TO MALAWI. LOOK AT THIS DAFT TUMBUKA JUDGE!!!! DPP & PROFESSOR MUTHARIKA, TIME HAS COME YOYENDERA PAYERE PAYERE. MA CADETS APATSIDWE ZIDA AYAMBEPO NTCHITO. SUCH JUDGES MUST BE DISCIPLINED. TIWANA TONUNKHA BIBI TOMWE TIMAKASUMIRA A PRESIDENT TIYENERA KUMVETSEDWA MOYO KUWAWA! ZOMASEKELERA ZOPUSAZI BWANA PRESIDENT ANTHU ATIPWETEKA. BINGU ZOPUSA NGATI IZI SAMASEKELERA, AMALAMULA MA CADETS TO PROTECT HIM. YOU NEED PROTECTION BWANA! A MALAWI ALIBE KUYAMIKA- OLO MUWASIYE OSAMAWAMANGA SAYAMIKA BWANA. NCHIFUKWA CHAKE KAMUZU, MULUZI NDI BINGU AMAFINYA. UFULU WANYANYA, OLO NDI M’MODZI YEMWE BWANA KUMUMANGAPO. BINGU EVEN ARRESTED LIVINGSTONIA SYNOD GENERAL SECRETARY- KUTHETSA KUNYOZA. MA PROGRAM OSAMBULA ZITSIRU ZOSUTSA NGATI MAKIYOLOBASI AYAMBIKE. BWANA PETER MUSAYENDETSE BOMA NGATI KU US, THIS IS AFRICA & MALAWI. PAMAFUNIKA KUFINYA!
“UYO ANYOZE A PETER LERO! EEEEH!”
“UYO ANYOZE A PETER LERO, SAGONA TIMPWETEKA”
The government is correct to challenge the ruling that suspends the Minister. Meanwhile the Bwana (Chaponda) should be allowed to do his job as minister. Government: injunction please stat.
This kind of ruling by the Mzuzu Court is straddling into politics here. And it is irresponsible because it can cripple a government. Governments do not resign without evidence of criminality; same for ministers: Chaponda or anybody else. Bad and unwise precedent when the Court sways away from classic litigation, and is involving itself in political matters. I wonder why the Mzuzu Court continues to be shopped in cases like this.
Signs of times.
This is all politics and DPP you seem to be very much relaxed and not dealing with these threats. High Court judges like these should just be banished from the courthouse ngopanda phindu. Why do the CSOs want President Mutharika to suspend or fire Chaponda? Did the CSOs prove a prima facie case against him to the extent the demands that he resigns or be suspended? Courts cannot be seen to interfere with an appointment of any civil servant unless the appointment is ultra vires the constitution. The CSOs are playing both player and referee and that is unheard of. Here the judge if he is investigated closely you will find he is definitely conflicted and being used by opposition parties to settle political scores. The judgement is definitely contestable without a doubt and Kalekeni should get an injunction quick quick.
I think the attorney general is trying to put petrol on the fire,Malawians are going to take action and we will judge this chaponda you so protect in our street court.
The president is not above the law and as such can be challenged in a court of law, appointments are no exception. How was Bingus appointment of IG challenged by parliament? Parliament is one branch of government and judiciary is just the other…One branch of government can overrule the other and none is superior to the other…..Pepani, law interpretation here is correct!
When you want to see how stupid a good lawyer is. You will see him/her when he turned to be a politician, kaphale and others are not exception. When he stays put while is a politician and know that you a have an icon
Its Funny to c the whole AG talking as a headless chicken, u dpp thieves i wonder y u boast like fools of winning 2019 polls as if u won 2014 polls, God is punishing u if u dont knw this is thd begining of your end, u provoked the wrath of God during polls, as that was not enuf u r still opressing the poor what a sin Pitala, YOUR DAYS ARE NUMBERED, ufa imfa yowawa usanalape, open yo eyes, repent u hv few dyz to kiss yo ass! Ana A Mulungu sadzakhala kulira masiku onse, ndichani chingamulake ambuye Mulungu wa chilungamo ndi wachikondi.
Amalawi tachenjeretsa too much tayiwala kutukula ma wanna athu coz of politics and with this nonsense will run one day leaving our own houses.
can a lawyer advise court on ruling limitation as per kk ,?
Thcweeee mwana tchweeee….kkkkkkkkk
Kaphale ndi Mlomwetu guys…..
You are right kuti Kaphale ndi mlomwe. I also believe Chirwa ndi mtumbuka guys. Nkhani ndi imeneyi.
Tchwe mwana tchweee….Kamlepo said it on Times Tv………uyu apita basssiiiii ……………
I already said in my previous comment that before 28th January Chaponda will be graced with Gods intervention.
If it is difficult to suspend Hon Chaponda, would the so called CSOs accept the alternative of a mini cabinet reshuffle where Hon Chaponda could be given another portfolio while the Commission of Inquiry makes progress in the investigation? The government should probably implement this court ruling using a cabinet reshuffle as it is clear in matters of law that Hon Chaponda is innocent until proven guilty. Hon Kaphale is this acceptable?
Akulu mwasowa zolemba eti? What is so special with Chaponda kodi?
That is the Kalekeni Kaphale I know. He is such a brilliant gentleman, cool and focused. Osangoti Mapwevupwevu Chirwa. Munya muona.
Remember Late Nagwale’s appointment by the then president late Bingu wa Muthalika……..!!!!!!!!
Ppl just comment as if u have not read the story.. Ma comments a emotional ngati amenewa ndamene kaphale akunena..fundamental error in the court order is the issue here..aaaaaaaaa….
Kaphale has committed a fundamental error also. because as a government lawyer he can not represent Chaponda who in this case is being targeted as an individual. Chaponda needs to have his own lawyer to challenge this ruling and not KK. Zachamba eti?
Do not bore us with your laws. The fact here is mukuba. Mukutibera ife osauka. Use your laws to defend each other but know this no one is above the law. The laws mukutiwalira naowa ndi omenso adzagwire ntchito pa inu. Look the whole of AG get his nose into this
How funny our president sounds..he can not fire chaponda on mere rumours and speculations yet he institutes a commission of inquiry. As a law professor i wonder why he dosent know such inquiries require the accussed to relieve duties in order to reach a justified end. Well done judge..presidential prerogative can be challenges mr Kalekeni Kaphale..the judge did not error
Plato the father of Politics gave a notion of Tripartite soul, of which the soul is in three; lowest (appetite soul) is for appetite, second (sensitive/spirited soul) for courage, and the highest is (rational soul) full of wisdom , and people with rational souls are to be leaders, but if u have a leader with Appetite(nkhwilu/chilakolako) soul, which full of appetites, desires for pleasure are high with it, expect nothing but their focused on that which give them pleasure, if the the top ranking abwana is full of nkhwilu, what can he do to ankhwilu anzake, i think helping each other to get a lot as to satisfy their nkhwilu. we have seen it. The ball is on our hands, if we have a ball then we need to look for a goal to score, if we have no goal we can’t score, the ball is their what is our goal then?
kumpando please strive for please strive for sensitive soul which will take you to rational soul if you want to score in this tournament, while us we are hunting ziwala and mbewa which are nowhere to be seen.
Mulungu dalutsani Malawi………………..dalitsaninso atsogoleri athu ndi zeru and virtues…….ndi Mai Malawi.
Kalekeni, birds of the same feathers flock together. You want to defend a thief then you MUST also be a thief. Iam not surprised every weekend i see Joseph Mwananveka at your private offices in IMTRUST house in Blantyre looking for symphathies. Mbala zimapangana shield paja.
What counter argument is kaphale talking about?Is it not normal for an investigation to be bias free no one being accused or having aposition where he can interfere with investigation pave way for smooth and bias free investigation?
Kodi chapondayo is above the law? APM akumuopa chani chapondamanyiyo? tinene kuti chilipo akudziwa awiriwa?APM ngati professor wandale akudziwa bwino lomwe kuti chaponda ayenera kuimitsidwa osati kuchotsedwa pa unduna mpaka investigations atamaliza.
Dpp is Chaponda, Kaliati, Muli and Goodall Gondwe. Ntaba and Mphepo only analyze Peters attitude towards the three named ones.
kalekeni kalekeni iweyo sukumva chisoni ndithu ndimmene anthu aku vutikira mmalawi muno chimanga agalu amenewa achigulitsanso ku Zimbabwe anthu kuno mkumasowa chakudya mulungu akuone mwapaderadera kaphala.mtundu wakwanu ukhale odala kuposa mmalawi aliyese
Chaponda stop madness. Keep your proboscis closed. Bring back our money or fall the law of the jangle.
Excellent Kaphale. Chirwa has gone beyond his mandate.
I am not surprised. He was the most daft student in his class. Much to his dullness is allowing himself to be used by some failed people. Bravo Kaphale !! Bravo Jane Banda !! I know you are cream in this field.
Mind you nobody is above the law in Malawi including the president. Kaphale go and read again, presidential appointments are challenged everywhere. Lets say if APM were to appoint a dog to be our agriculture minister, are we going to clap hands for him just because he is a president? It is this kind of attitude that nurture same gods let alone dictators. Wake up Kaphale, I used to respect you.
When Bingu died people talked every insult to the dead body. The noise of those who talked bad of Bingu and his DPP was as loud as thunder. Malawians thought the DPP is no more. Malawians even believed that DPP is not counted among the 2014 winner. But what happened? So these noise is just a repetition of the 2014 scenario. Just too much noise which can not shake the mighty DPP. DPP is not the ministerial posts which its members have. Which DPP member was a minister when it bounced back into power in 2014? DPP is a voter in the village not in cabinet. Peter can remove all DPP members from cabinet and replace them with MCP but the supporters in the village will remain DPP and vote for it in 2019. So I don’t see why the opposition is so excited with these come and go scenarios. They have no impact on DPP as a party. Be familiar with Malawi politics, you will 100 percent agree with what Iam telling you. Nothing will change the voting pattern. If any change then its the other regions voting for DPP which is likely to happen. DPP ndi power mufune musafune.
Money chaser listen. God is fighting for us but my fellow Malawians let us team up and work together for the good of our economy. In Malawi we have a network of evil issues hence so many problems crop up in a related way. Remember God is the Best Judge. Thanks heaven for the Mzuzu courts. They try hard in respect for justice. Pomwe other courts, lawyers, police, ACB etc are becoming more and more corrupt.
Ministers stole tax payers’ money and big man is protecting the thieves. In response to this, God gave us floods last year just to expose maize scam so that once the thief is squeezed he may eventually reveal the BIG fish and other evil deals that they jointly conducted in the past. Shielding maize scam in the manner it is being done now; means some people are above the law. This scapegoat commission of inquiry has already shown biasness. If Janet Banda, an investigator, has shown her side, will the findings be beneficial to Malawians? If Chaponda steps down, what will prevent Janet to carry out her assignment? This is a spiritual revelation that these commissioners have pocketed corrupt money. Why is the commission asking Malawians to provide information/evidence? It is crazy like the police which is also asking for the same yet it has three suspects. Osayamba mlandu ndi ma suspects bwanji? Mpaka bail pa murder case ya ACB Officer? Where is justice with law enforcers? Is it money or fame that prove the innocence of culprits in Malawi? Chilungamo chili ku khoti, ma Khoti ake ati? They grant injunctions and vacate them proudly. Muonatu zakuda chaka chino!!!!
Nicholas Dausi and Mgeme Kalirani defend evil activities yet ife a Malawi tili pheee osatekeseka. People like them are the ones who say ufiti kulibe thereby Licensing wizards and witches to operate freely. Imagine, pano anthu afa ndi Lightening in the house akugona. Which better place were they supposed to stay safely malingana ndi zomwe akuchenjeza a zanyengo pa ma radio stations? We know kuti inu ndinu anthu okhwima. Makani onsewa mukudalira ufiti wanu But remember, you are using God’s creation and time has come for those charms kuti zisuluke in JESUS NAME.
MRA is patting itself on the shoulders for collecting big money; forgetting that it is forcing people to pay taxes heavily so that its leaders (plus political leaders) spend the money on luxuries. Now I urge MRA to go to all funerals and flood victims’ camps to collect tax money. They should not miss this chance because ndalama za campaign zifunika posachedwapa.
Pakali pano it is evident that MACRA ikusokoneza ma receptions (waves) ama media ena with an intention of keeping Malawians ignorant of what is happening in the country.
Finally, ndikupempha Mulungu to continue taking charge of the cases in question so that Chaponda and associates know You Are The Lord. They have forgotten what befallen those who cheated and justified the cheat during elections and other situations. You are Good Lord who cannot let less privileged people continue suffering. All the concerned culprits should start facing it tougher this year. I recall that before elections religious leaders called all political heads and it transpired that prayers were conducted to make governance very difficult to any riggers. It is therefore not a surprise to see what is happening now because this is what we asked from you Lord. Fight these evil ones for us Lord. Give the talent of rebroadcast what was spoken previously, to all the media instead of trying to justify or proving their points verbally. Eg “You said you know who shot so so”. Why not rebroadcast the speech as an evidence of what they said? Last year you warned us about Army worms that attacked Zambian soils. But Chaponda told us not to panic koma pano we are in panic. Peter promised NO Blackout by Dec 2015 koma pano it’s a recurring problem. Purify Malawi in JESUS NAME Amen !!!!!!!!!!!!!!!!!!
Kusonyeza kuti a Kaphale amasangalala kwambiri a Malawi tikamaberedwa eti.
Whatever the outcome will be from the appear but why cant the president just fire Chaponda to pave way for smooth investigation?or may be goverment affairs cant run without Chaponda?
Seriously Mr President ?.The court has to force your hand to suspend Chaponda?..Isn’t this the right thing to do as investigation on maize deal goes on?
Abwana AG Kaphale, timakuzani simumazitha izi. I think you are professionally biased.
Which appointment of Dr. George Chaponda are you talking about. As a minister or as public resource looter? You are basically introducing the word ” appointment” now yet people are talking about suspension. Are these words the same and one? If what we hear is hearsay, then why did the president appoint a commission of inquiry. To establish what lies or truth.
No one has ever challenged the appointment of Dr . George Chaponda.
Kaphale i have respect for you koma pankhani yakhayi am disapointed what interest do you have on him mudagawana kapena? Koma ngati zili choncho muyaluka chaka chino!! God is watching
Bwana Kaphale knows the law very well. He will defend the matter as govt counsel. However, at the end of the day we don’t want George Chaponda anywhere near Capital Hill. He must go! How can a mere cabinet minister boast that he cannot resign? Is APM a captured president? If people wants to impress Malawians on his leadership credentials, this is the time. Peter must flex his muscles now otherwise his own political future is on the line.
Kodi muwabereka ku mbuyo mpaka liti? Asatire Kasambara basi. Kuba kuzikukwanani, khalani chisoni ndi amphawi. Magazi anu onse asanduka ndalama. Kodi inu mumapempheradi?
Kusonyeza kuti a Kaphale ndi osangalala kwambiri a Malawi tikamaberedwa eti
A Malawi, I think we have serious issue at hand with these Presidential appointments backed by the Law. If the President ndi Mbava and appoints Ministers amene ndi Mbava. Then they should be protected??????? The same thing taking us No where of MSB toxic assets written off. Who is going to SAVE Malawi from Mbava izi??????? Oh, Gosh!!!!!!!!!! But one thing I know is that Mukaba iba , there is an eye that sees you and you will NOT escape from it. Either, you will go before you enjoy the stolen money you are stealing or this stolen money will leave you. Mulungu akukupenyani. Help each other using the Presidential Appointment Laws, Koma Umbava ndi Umbava you will still answer in one way or the other God knows the best time!
Reggae jamming now in cession hehehe!!!
A Chaponda, why can’t you be more wiser than you seem to be? You can’t be president for sure. If the DPP choses to be so blind to the point of choosing you to be it’s presidential candidate then it’s a party gone to the dogs. Sorry to say it but it’s a fact. Mr. Chaponda you are not an asset in the future of your party. You may have be feared by even the president but you have no future beyond what you are today. If you are a decent man, just go and leave our Malawi with in it’s poverty alone. With so much bad and terrible stories associated with you, who can elect you a president? Go and consult JZU Mte….