High Court Holds the Key: MLS Awaits Verdict on Kamangila Perjury Scandal!

The Malawi Law Society (MLS) says it cannot take disciplinary action against corruption crusading lawyer Alexious Kamangila, who was recently found guilty of perjury, unless the High Court issues a formal directive for an inquiry into his conduct.

Despite a damning ruling by Justice Dorothy NyaKaunda Kamanga on September 16, 2024, in Republic v Chizizira and Another (Criminal Case No. 104 of 2011), MLS insists it is powerless to act independently in the absence of a court order. The court found that Kamangila knowingly provided false statements in a sworn affidavit filed on July 12, 2022, in support of an application for the release and discharge of his client. His misrepresentations—particularly in paragraphs 9 to 13 of his statement—amounted to perjury, a serious offense that undermines the justice system.

In response to growing calls for disciplinary measures against Kamangila, MLS Honorary Secretary Gabriel Gift Chembezi explained that under the Legal Practitioners and Legal Education Act, disciplinary proceedings against lawyers can only be initiated if the High Court invokes its authority.

“When a court finds that a lawyer’s conduct needs investigation, it has the power to issue an order for the Disciplinary Committee to conduct an inquiry under Section 90(3) of the Act. However, in this case, no such directive has been given,” said Chembezi.

He further noted that the High Court can, on its own motion, impose sanctions on a lawyer under Section 89(1) of the same law. However, since no action has been taken in this regard, the MLS remains constrained.

“If the court does not exercise any of these options, it becomes difficult for the Law Society to act on statements made in passing concerning lawyers who are not direct parties to a case before the court,” Chembezi added.

Justice Kamanga’s ruling was unequivocal in its condemnation of Kamangila’s actions, describing them as a deliberate attempt to mislead the court and subvert the course of justice.

“Counsel Alexious Kamangila engaged in perjury in paragraphs 9 to 13 of the sworn statement in support of the application for release, discharge, and effective remedy filed on 12 July 2022. He swore that the defendant was innocent and awaiting judgment despite knowing that the defendant appeared in court for the delivery of judgment on 19 April 2018.”

She further emphasized that proper legal procedures must be followed when representing clients, warning that failure to do so could result in severe legal and ethical repercussions.

The case has placed both the judiciary and the legal profession at a crossroads. If the High Court remains silent on disciplinary action, it risks setting a precedent that allows legal practitioners to engage in perjury without consequence. On the other hand, if MLS fails to take proactive measures, it may further erode public confidence in its ability to uphold the profession’s integrity.

Should the High Court decide to act, Kamangila could face disciplinary proceedings, which may result in sanctions ranging from a reprimand to possible disbarment.

For now, the legal fraternity remains on edge, awaiting the next move from the judiciary—one that could set the tone for how legal ethics and accountability are upheld in Malawi.

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