By Cathy Maulidi:
Just before the Legal Affairs Committee of Parliament met Malawi Law Society Friday as part of its inquiry into allegations of corruption and miscarriage of justice in the judiciary, lawyer Alexious Kamangila went public calling out judges and lawyers for the mess the judiciary finds itself in.
It is, more or less, the ratcheting of the storm that has engulfed the judiciary since Kamangila launched it about three weeks ago.
At that time, he initially picked on Justice Ken Manda in his accusations but the matter seems to have now permeated the whole judiciary with calls now rising from various quarters for the judiciary to clean itself up.
In his 1 hour, 15 minutes and 24 seconds Facebook Live, Kamangila did acknowledge that there are some good apples in the judiciary.
But he vowed to fight the bad apples whom he said are denting the image of the good judges.
He went on to fault some former and current officials in the office of the Director of Public Prosecution, saying they have contributed to the corruption in the judiciary.
According to Kamangila, he will not stop until there is sanity in the judiciary.
“There is an injunction ordering me not to mention the name of one judge. The injunction was served to me and not you Malawians, so you can mention the judge.
“What I’m saying is I have just used this as a case to my fight. I will fight on. You can threaten my life, my future koma na uyu yekha sindimusiya [but will not spare this one].”
Kamangila, who said he is ready for more lawsuits for exposing the malpractice in the judiciary, also faulted the Chief Justice Rizine Mzikamanda for keeping quiet on the issues.
“I have no hard file on this but his silence on the matter is very concerning,” he said.
He also encouraged Malawians to rise and demand justice and save the judiciary from the deep rot that he said it is in.
“It is possible to fight and end corruption. We just have to end the fear of the unknown. A criminal can never be more powerful than the one who is just. Never!”
After the Facebook Live, Kamangila said in an interview with Malawi News: “I have said what I have said; even if you want to kill me with lawsuits, I won’t change my word.
“I will say it exactly the same way because we have evidence. But everything I have said publicly is 25 percent of what people say privately and in secret.”
As Kamangila was concluding his Facebook Live, the Legal Affairs Committee went into a closed door meeting with the Malawi Law Society (MLS) as part of the committee’s inquiry.
The meeting ended around to 6pm.
According to information we have sourced, the two sides agreed that there are indeed rotten apples in the judiciary.
Chairperson of the committee Peter Dimba told Malawi News after the meeting that the committee has already summoned the Judicial Service Committee to answer to the matters being raised.
According to Dimba, during the meeting, MLS was also frank with the committee that the issues that Kamangila is raising are not new.
He said the society said it has also received complaints from various stakeholders about the judge in question.
“Members of the public are losing trust in the judiciary and something has to be done to arrest the challenge.
“So MLS suggested that this matter be investigated to its logical conclusion as a solution. When people don’t face consequences for their offences, impunity thrives.
“The MLS also suggested quick legislative reform. They talked about the Judicial Service Commission Bill which we have been talking about for a long time. We understand it is at cabinet level now. So the call is this Bill should come to Parliament as soon as we meet because that will put in details how the Judicial Service Commission will be disciplining the judicial officers and put a proper mechanism for accountability,” Dimba further said.
In an interview, MLS chairperson Patrick Mpaka said during the meeting, they stood by what they said in their earlier statement on the matter.
Mpaka said since April 2021, MLS has participated in and provided insights to the relevant authorities, including Chief Justice, on matters concerning the administration of justice generally and concerning Justice Ken Manda in particular.
MLS further stated that its latest position regarding allegations of misconduct by Justice Manda is contained in a confidential memo dated April 30, 2024, which Mzikamanda duly acknowledged on May 7, 2024.
“The issues concerning the alleged (mis) conduct of Honourable Justice Kenan Manda and any other judicial officers… ought to and must be inquired into and decision(s) thereon made public by the Judicial Service Commission in exercise of its powers under section 118 as read with section 12 of the Constitution.
“The Judicial Service Commission must act on the matters openly to the public and quickly enough in light of the public interest thereon and the judicial proceedings partly touching on the subject matter already now pending before the High Court in Civil Cause No. 141 of 2024,” MLS said in a statement.
Mpaka went to meet the committee with other lawyers who are also members of the Society.
Acting Registrar of the High Court and the Supreme Court Innocent Nebi said the judiciary is going to speak up on the allegations being made by Kamangila.
“We will give our comment in one hour so can you call me back after an hour,” he told us.
Despite reminders, he had not responded as we went to press.
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