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Mwananyanian
Mwananyanian
7 years ago

Aaaaaa! Mr Ntata. I see no contradiction AT ALL in the thrust of your section “Contradictions” You kidding me? There are no contradictions in fact or in law here. It would be a tragedy if whistle blowers were provided immunity, 100 per cent immunity, even if they were involved in the crime. One could blow the whistle, in an attempt to dupe the police, or even the justice system as a whole. Criminals attempt this, albeit naively, all the time, all over the world. And Mr Phwiyo and Malawi are no exception. Furthermore, Mr Phwiyo’s prosecution on Cashgate is very… Read more »

Chalume
Chalume
7 years ago

I rarely agree with the author, particularly for his own contradiction, i.e., that falling out of favour with the DPP has led to his objective thinking. I remember all those times he was defending Bingu on tax-payer funded MBC, a contribution he will agree was abuse of power by him and his then political masters. I agree with much of this article, up to the point where the contradiction creeps in. In short, I think the author has no knowledge of Mr. Mphwiyo, and for the connections that everyone else sees in this complicated case between the “victim in the… Read more »

Smart Boy
Smart Boy
7 years ago

Bravo Judge Mtambo. Allan, you are superman. The wicked, corrupt and evil ones that have caused suffering of Malawians by plundering funds, fraud, corruption, murdering innocent people have no peace. Their children will remain bloody and cased and they will have no peace too. Sad that great as Raph is seen and believed he would be a darling of criminals. How would one on earth in the caliber of this great natural talented lawyer be friends of criminals. Who knows the victim of the said shooting could be one of the criminal gang members. Deal may have just gone sour,… Read more »

Toro
Toro
7 years ago

Thank God you are no longer practising law otherwise you would have a crap . In other words just because you were once upon a. Time of planning a Coup you were guilty as charged !

Ambuje
Ambuje
7 years ago

Kasambara’s prosecution was a side show by the DPP government, targeting an easy scapegoat. Kasambara’s role in government was that of an Attorney general and Minister of Justice. We haven’t heard any rumors of massive plunder of government resources in the Justice ministry. The big Kahuna’s in the ministries of finance were the signatories to the huge cheques that were paid to zombie companies and they haven’t been prosecuted. As a financial person, payments have to be approved before being made to vendors. Who approved the vendors? Who approved these massive payments in million of kwachas to zombie companies? Who… Read more »

Harawara
Harawara
7 years ago

This was mafia style case and it needed a mafia like judge to make a bond ruling. Malawi was or is sliding into a mafia state where vices can prevail and virtues are punished. Weak minds can might not comprehend rules of mafia world. There one’s life is a property of the other and can be taken at will. Their under world work is planned and executed in grand styles. And this is what happened. Every step they take is rehearsed to make it case proof. Countries like Mexico where drugs cartels rule such kind of shootings and disappearances are… Read more »

International Observer
International Observer
7 years ago

In other words Ntata is implying that Mphwiyo being a mere whistle blower it follows suit that Kasambara was not acting single-handedly, that someone influential and big enough was pressing buttons in the background. If this is what it entails then the public would wish to know who this big fish was. Abysmally, the organization entrusted to take stock of legal matters seem to have lost their plot. Instead of coming up with issues that will help in a fair and long lasting solution in solving the case, they are busy talking about removing Kasambara from their register. Actually Ntata… Read more »

kumakazi
7 years ago

Mr. Ntata, I dont agree with your analysis on contradiction. have you ever though of a deal gone sour where Mphwiyo and kasambara were all involved in Cashgate only that disagreements came either fro the way the embezzled money was shared?
I for one believe these guys knew what they were doing and wanted to kill each other for. I suspect greed crept in in the process of cashgating Government.

The Analyst
The Analyst
7 years ago

O……………………………………………………………………………………………………………………O Malawian judges are known to be cowards, wholesale and retail; . . . who; like a dog who is afraid to fight, coil up their tails; . . . coz they know that to be unbiased and competent, is a task which they will clearly fail; . . . and thus recuse themselves, even when nobody asks them to do so; thus refuse justice to prevail; . . . especially in a case involving a figure, just too well known to be sent to jail; And yet all this; is a clear show of lack of trust in their… Read more »

Patriot
Patriot
7 years ago

To answer your question on motive, criminals do plan and undertake to eliminate one of them if they see that one has been compromised. In many cases this is a taken as a preemptive measure so that the core criminal setup is not revealed. Ikalakwa kapena ukawona kuti anzako akukufinya umati ndiulula. In this case Mphwiyo was the ultimate risk to those involved. It’s possible he intended to do the same. When it went out, it was apparent everyone involved were making efforts to clear their way. In the same way the issue comes up of sharing the hidden spoils.… Read more »

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