Judicial turmoil in Malawi: MLS calls for transparency as Judge Manda and Lawyer Kamangila clashes
In a dramatic escalation of tensions within Malawi’s legal system, the Malawi Law Society (MLS) has publicly urged the Judicial Service Commission to intervene in a highly publicized feud between High Court Judge Kenan Manda and human rights lawyer Alexious Kamangila. This unfolding saga, marked by allegations of corruption and misconduct, has sparked widespread debate about judicial accountability in the country.
The conflict ignited when Kamangila took to social media, launching a series of scathing accusations against Justice Manda, claiming he engaged in corrupt and fraudulent practices. These allegations have resonated with a public increasingly concerned about the integrity of judicial officers, who are often viewed as “untouchable” in Malawi’s legal landscape. Kamangila’s posts quickly garnered significant support, reflecting a growing demand for transparency and accountability within the judiciary.
In retaliation, Justice Manda, through his attorney Michael Goba Chipeta, filed a lawsuit against Kamangila, seeking MK250 million in damages for defamation and demanding an apology. Additionally, he obtained an injunction to prevent Kamangila from making further statements regarding him. This move has drawn criticism from various sectors, who argue it could stifle important discussions about judicial conduct.
In a statement released on October 13, 2024, MLS called for a suspension of ongoing court proceedings in Civil Cause No. 141 of 2024, emphasizing the need for an independent inquiry by the Judicial Service Commission. The statement, signed by MLS Chairperson Patrick Gray Mpaka and Vice Chairperson Tusume James Mwabungulu, highlighted the public interest in resolving these serious allegations transparently.
“The issues ought to and must be inquired into and decision(s) thereon made public by the Judicial Service Commission,” the MLS statement read. They stressed the urgency of the situation, especially given the ongoing judicial proceedings that touch upon the accusations.
The MLS underscored that, while the High Court holds unlimited original jurisdiction over civil matters, it can only exercise appellate jurisdiction concerning alleged misconduct by judicial officers after the Judicial Service Commission has made a determination. This highlights a significant procedural gap, raising questions about the independence of the judiciary in dealing with internal grievances.
The Magistrates and Judges Association in Malawi (Majam) has also intervened, convening a meeting with Kamangila to discuss his allegations. However, the details and outcomes of that meeting remain undisclosed, further fueling speculation about the internal dynamics at play.
The public’s reaction to the feud has been mixed, with many expressing support for Kamangila, viewing him as a whistleblower challenging a corrupt system. Others, however, fear repercussions for speaking out against judicial officers, a sentiment that has historically contributed to a culture of silence regarding corruption in Malawi’s judiciary.
As the situation unfolds, the MLS’s call for intervention by the Judicial Service Commission could set a precedent for how similar cases are handled in the future. It may also compel a re-evaluation of the mechanisms in place for addressing grievances against judicial officers.
The ongoing feud between Justice Kenan Manda and Alexious Kamangila is not merely a personal dispute; it reflects deeper systemic issues within Malawi’s judiciary. As calls for transparency grow louder, the actions of the Judicial Service Commission in this case will be closely scrutinized, potentially reshaping public trust in one of the country’s key institutions. The outcome could either reinforce or dismantle the perception of judicial infallibility, underscoring the critical importance of accountability in the pursuit of justice.
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