Why Does the Malawi Law Society Just Discipline, Not Prosecute, Lawyers Who Steal Clients’ Money?
Let’s be blunt: the way the Malawi Law Society (MLS) handles lawyers who betray their clients is an absolute travesty. In the recent case of Counsel Gift Nankhuni, who was found guilty of mishandling over MK477,895,833.33 belonging to multiple victims, the MLS has chosen to only suspend him for six months. Six months! For a violation that left innocent citizens without their rightful compensation, a decision that raises the urgent question: Why does the MLS continue to discipline, rather than prosecute, lawyers who engage in such blatant breaches of trust and professional ethics?

Nankhuni’s case reeks of negligence and moral bankruptcy. As his client’s legal representative, he was entrusted with a large sum of money, intended to compensate 15 land victims in a case against the Malawi Government.
Instead of disbursing the money to all those involved, he failed to notify the other individuals and, ultimately, left them without their due compensation. While it can be argued that the misconduct wasn’t technically embezzlement, it was a clear case of breach of fiduciary duty, where Nankhuni knowingly misused his position for personal benefit and caused harm to multiple people.
But here’s where the MLS’s response falls flat: Why suspend Nankhuni and allow him to continue practicing law after such an egregious violation? Why only ask him to pay back the money when it’s clear that this situation goes beyond a mere disciplinary matter? These victims lost their land, and now they’ve been robbed of justice by the very person they trusted. Is this really what professional accountability looks like?
What is more infuriating is the MLS’s refusal to involve the Director of Public Prosecutions (DPP) or the police in this matter. The MLS claims there is no criminality involved. Really? It’s not embezzlement when you knowingly fail to deliver funds to rightful owners? It’s not criminal when an attorney’s actions deprive innocent people of their money, causing severe financial harm? What would constitute criminal conduct in the MLS’s eyes?
The MLS needs to answer: Why protect a lawyer who has clearly violated the law and harmed multiple clients, when those same clients could have their day in court if proper legal action were taken?
This disturbing culture of simply suspending lawyers for theft, neglect, and dishonesty without referring them for criminal prosecution sends the wrong message. It suggests that the legal profession is a closed club, one where lawyers are allowed to self-regulate and evade real consequences for their actions. The public deserves better than this.
If the MLS is truly committed to upholding the integrity of the profession and protecting the interests of the people it serves, it must stop turning a blind eye to the criminal behavior of its members. Disciplining lawyers who break the law isn’t enough. They must be prosecuted and held to the highest standards of criminal law. Anything less is an injustice to the victims, and a failure of the legal system itself.
Let’s stop pretending that the legal profession is above reproach and start holding these lawyers accountable. If not, then we must ask: who is the MLS truly protecting—the public or the criminals in their ranks?