Opposition wants Mutharika to discipline Chaponda for defying Malawi court order
Opposition wants an explanation if indeed President Peter Mutharika approved Minister of Agriculture, Irrigation and Water Development George Chaponda, who is currently on forced leave of office following an injunction granted by the High Court restraining him from performing official duties, to travel to Germany on official duties.
Chaponda sneaked out to Germany on Thursday and German Ambassador Jurgen Borsch confirmed that Chaponda had had a long-standing invitation from the German Government through the German Minister of Agriculture in December last year for a conference in Germany.
The trip could be in direct contravention of the High Court order granted by Justice John Chirwa restraining him from carrying out his duties until findings of a commission of inquiry into the controversial purchase of maize from Zambia are concluded.
Leader of opposition Lazarous Chakwera has said they would want to establish if indeed President Mutharika approved Chakwera to disregard the court order.
“If certain people are not answerable to the law, then the whole issue of accountability is brought into question. No one is above the law and as leaders we should not encourage impunity as well as lawlessness,” said Chakwera.
Principal Secretary for Agriculture Erica Maganga confirmed Chaponda’s trip to Germany at Parliament Building in Lilongwe.
She admitted to have approved and facilitated the trip but said Office of the President and Cabinet (OPC) were better placed to comment on the approval to travel.
Malawi Law Society (MLS) honorary secretary Khumbo Soko said if proved that Chaponda is on official duties, then the minister is guilty of contempt of court.
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Malawi as a country is dead. Too much talking as citizens. You need to match and show your dissapointed with Muntharika. Politicians will still take us for the ride…Chaponda enjoy your K10billion we will be crying like dogs till then.
No one is above the Law…..mulandu suwola tsiku lina mbalame iliyonse imadzatela!!
In the first place the injunction was not supposed to be there because of many weak-links. So Chaponda and his boss know that there is no injunction at all. It was just a stoppage for no reason. So the man should continue working for Malawians.
May I ask all the plaintiffs in this debate to go to court for alleged contempt of court so that the debate should start. Don’t ask the President to act on chaponda but go to courts. Wishing you goodlack
I THINK THE OPPOSITION SHOULD SHUT UP!!! WHY NOT WASTE TIME
INSPECTING GARDENS OF THEIR SUBJECTS so that we do not have to buy
maize from outside? Why do you act as the President is a baby that want
to be told how to do things? Commission of inquiries, we were not consulted!
But under which provision of the constitution. PAC abwebweta zawo.
WORLD BANK WANTS TO RESUME AID. ZIIIIIIII. KODI NDI MFITI?
It doesn’t Matter which district whether, Blantyre , Lilongwe or mzuzu, lamulo ndi lamulo…period
Well, its the president who approved the trip, so if its to blame, Blame the President, He is testing the waters. Onse ndima lawyer, akuwadziwa malamulo.
Chakwera is a dunderhead. This is clear contempt of court. CSOs go to to court and process contempt of court. Straightforward
exactly!!
Whether Mzuzu, Lilongwe or Blantyre, they are all High Courts. What is it that The Mzuzu High Court doesn’t have which are at Lilongwe and Blantyre High Courts? They have the same mandates and doesn’t matter where one obtains the justice! I see no argument in your post “Imagine” because laws are made for people to abide by. That is the reason why we have courts and prisons. Ophwanya malamulo aweruzidwe ndipo akapezeka olakwa amangidwe akagwire ukayidi. So, no person is above the law! Period.
Great exposition! The usual judge shopping. Solicitor General, Janet Banda also posted on his facebook page similar arguments like yours bwana Imagine. APM has done it deliberately to allow Chaponda to go to Germany so that the debate can continue. Remember that APM is a Law Professor and he knows our Constitution inside and how having participated in the framing of the same.
inu a eduardo! APM is not debating infact he is silly to test waters in law. they tested waters with the injunction and lost and now they are trying another one and they will lose and they have lost a promising candidtate now with stupidity. its like a child playing with fire thinking that his hand will not get burnt fire burns and chaponda is scorched now. actually chaponda is finished. stupid law scholars including janet banda who do not know why courts are there. this is not academic exercise its reality leave academics to chanco. thats why real lawyers donot go for PhDs
If people say, above the law, which law? The judges are not above the law or to create the laws. If the president suspends the judge would it be lawful? The answer is no, because with such powers he would make one part of government (judiciary) to be malfunctioned. Would it be lawful for a person to get an injunction against MPs whilst in session, the answer is no because this would malfunctioned legislature. The government has done it deliberately for Chaponda to go to Germany so that this could be debated well in courts even supreme courts. This is the first incident and could not be accepted wholesome. If not treated well, one day the president will have a rude awakening after being saved with injunction not to perform duties of the president if the scenario is to go by. Lets give all three branches of governments to work properly. Why the injunction was obtained in Mzuzu not Lilongwe or Blantyre. The tribal war will continue in Malawi if such tribal judicial decisions are made on tribal lines to please our kinsmen.
Palibe tribal war apa ….. its blatant breach of court order which should not be condoned
You are myopic sir, this is not about tribes. The three arms provide checks and balances to each other. The minister was supposed to resign voluntarily based on the allegation of corruption at hand or else the president was supposed to suspend him until a full inquiry was done. Mulumbe his counterpart obliged and the court was not moved. How could the state enacted commission of inquiry probe somebody who was still discharging his official duties? If the executive gives a blind eye to a straight forward issue, those are more familiar with rules of natural justice should civic educate. Simple
A silly comment from a dull person, possibly a lomwe. Obtaining an injunction in Mzu, LL or BT is not an issue. The issue is what this thief, Chaponda, is doing. You cannot justify this or which law are you basing your argument on? Yusuf Mwawa was arrested while serving in cabinet. Is Chaponda alone above the law? You wanted the injunction to be granted by a lomwe judge in Blantyre? Nonsense !!!