Mpinganjira’s midnight walk to freedom under scrutiny: Magistrate Chitsakamile should resign
The events surrounding the arrest of business mogul Thom Mpinganjira, who is also chief executive officer of FDH Financial Holdings Limited and shareholder over the alleged judge bribery attempt in the presidential election nullification petition case is confusing as it is a mockery of justice.
Anti-Corruption Bureau (ACB) on Wednesday arrested Mpinganjira and took him to police where he was to be remanded overnight and expected to appear in court the following day. However, Malawians woke up to the news that Mpinganjira had been released at midnight by a Zomba magistrate Ben Chitsakamile where his lawyers travelled to obtain his discharge.
The Mpinganjira saga raises several issues. Those who are familiar with the Malawian legal system know that a magistrate cannot overrule the decision of his fellow magistrate. They are of the same rank. Naturally, a higher court is supposed to nullify the decision of the lower court after both side are heard. Where did the magistrate get the power to nullify the decision of his fellow magistrate?
That aside, why should the lawyers opt to go to Zomba, more than 55 kilometres away from Blantyre, to challenge the decision of another magistrate when Mpinganjira was arrested in Blantyre? Obviously, this is judge shopping. And the judiciary should discourage this practice because the motive is obvious. It is equally queer that the court should sit at midnight just because the person involved in the case is rich. This privilege of freeing a rich person at midnight is not extended to poor people many of whom are languishing in prison for minor offences such as stealing a chicken or a goat.
We know that lawyers do not always stand for justice, but to make money. However, magistrates and judges must always dispense justice because they are a mirror of society and people expect impartial judicial decisions. If they pass questionable decisions or behave in a manner that is prejudicial to their profession people lose trust and confidence in the judicial system. ACB Director Reyneck Matemba has branded the judiciary “rotten” because of the way magistrates and judges make their decisions.
The Zomba magistrate has seriously dented the image of the judiciary. He should resign. He has brought the legal professional in disrepute. How do you free someone at midnight when the ACB who filed the case has not been heard?
When Malawians are complaining about high level corruption and frantic efforts are made to arrest the vice, we have some people condoning it. The war against corruption, which has now reached unprecedented level, cannot be won unless the judiciary make correct decisions.
It is a huge relief to learn that the ACB has gone to the High Court to reverse the irrational decision and the matter is being reviewed. However, this should not end here. The magistrate should resign or face disciplinary action.
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this judge must resign indeed and he might be a cadet also
It seems we should challenge rulings of courts unless we agree with the outcome. First and foremost, we have to respect the rule of law, and the role of those entrusted with upholding that law, and accept their ruling. Of course we also have to have a process to deal with cases that abuse that power – like the impeachment process now underway in the USA. This guy Thom is one of few outstanding success stories in Malawi, Wishing him well
That fool guy must Resign
What is more suprising is that if the high court claims what Chisakamire did was irregular and out of order, why not just ignore his order and proceed with the arrest. They are wasting time calling for an irregular file. There is something big that our simple eyes are not seeing.
It started with Jane Ansah and Peter Mutharika coming all these
pliz take it. judges do error. this is why the law allows appeal and judgement do change which means the lower court errered. This is just an error no need to be fired. secondly how many cases have been held at night. this is not the first time many injections have been done at midnight and the judiciary has did not do anything. if not mistaken they say judges work 24hrs.
Very pathetic way of thinking
Bravo Chitsakamile some of these laws are supposed to be tested and broken just to see how they will affect the system .
Matemba you are wasting with these people all Lhomwes are thieves and see it yourself.
All lomwes are thieves? Are you sure.? What tribe are you,? Iwe bakha eti. Upite ukakwatirane ndi Joyce Banda. Have you done simple logic,? your hate attitude is pathetic. All lomwes?
Dont be offended he is joking
There is nothing hateful here. It’s a fact all lhomwes are thieves indeed. As a matter of warning don’t have a child with a lhomwe woman he will be a thief or a whore if it is a girl. Haven’t you noticed how glorified corruption has been during their reign
These are thoughts of dogs who even eat human feaces.
Judiciary ya ku Malawi wayiphwaula Ben Chitsakamile a Chief Justice m’maso mbee!!!!!!!!!!!!!!!!!!!! ife wathu Peter
Lowani Mtonga wangokopera article ya mzako Makossa eti?
Cigololo sichikhala cha munthu mmodzi. We need to get to know the lawyer who reported.
Mrs. Jane Ansah knows the system. Already there’s talk of a delayed and lengthy fresh election process. But…….this is 2020! Not 2004 of the Open Term!
He should not resign. That’s respecting the idiot. He should be fired!
Achina Mwapasa have been claiming that they’re independent, but we all know he is one of the culprits who made a rotten midnight call to Matemba.
He must be investigated for corrupt practices and be arrested too if found guilty.
When a country has no integrity leaders, no visionary leaders and no leaders who respect the will of voters, that is what happens, rotten officials, rotten ministers, rotten politicians, rotten judges, rotten judgements and rotten education. Once the head of a fish has rotten it means that the whole fish is rotten. It is better for anyone who wants to be president to study public management not law. Lawyers are not good to be presidents.Ndibwino kuziwa masamalidwe achuma chaboma to benefit the citizens.
Almost every arm,sectors, department is now infested with CADETS. Time has now come to uproot them
After Mpinganjira was interviewed by ACB, ACB said that Mpingagira would be charged appear in court the next day.
But whilst held in custody at Blantyre Police Station the illegal Court Order was issued by. Magistrate in Zomba and Mpingagira was released at midnight.
Now as ACB had already indicated that ACB it had sufficient evidence to charge Mpingagira why is ACB not proceeding to charge him and let the court decide if he should be held in custody or released on bail?
This case is has a bearing on national security so why is ACB silent on the matter other then expressing false concerns that at the Order issued by the Court in Zomba.
Never mind the Court Order releasing Mpingagira why is ACB not going ahead and charging Mpingagira and taking him to Court?
Clearly there is coordination between APM and Mpingagira supporters in DPP, the IG, the ACB and parts of the judiciary to mislead Malawians.
For Malawians to even begin to think that Matemba is on the side of justice and is angered by the Court Order issued by a magistrate in Zomba is the beginning of the success of their plot to steal the election from the opposition parties.
APM, the Moingagira family, the IG, Matemba and parts of the judiciary are working together preparing the grounds for a ConCourt judgement in favour of MEC and APM. The arrest of Mpingagira was really not an arrest it was part of the plot to mislead Malawians.
The Zomba fool cancelled the arrest warrant which means the corrupt fdh boss is free and can not be charged based on the same case that’s why ACB wants the somba order cancelled. Now as he stands he is not even a suspect judicially. He can run away if he wants to. Thats how rotten our judicially has become. If you are wronged by someone of high profile has kill him or kidnap his very close relative and demand justice or you kill hostage
the so called magestrate thinks like a monkey! idiot
the nguluz are criminals/ thieves
we need leaders who can develop MALAWI not absorb MALAWI
also ACB behaved crookedly and did judge shopping. ie why did ACB obtain warrant of arrest from lilongwe magistrate and not blantyre where mpinganjira resides? Arrest warrant issued from Lilongwe, man arrested in Blantyre and arrest warrant quashed from Zomba. both sides are playing games to buy time
Absolutely correct. All the thieves and crooks are in the same team –
APM+Mpingagira+Judiciary+ ACB+IG Police = DPP. Game over. People have lost.
Yes, how can a magistrate nullify warrant of arrest granted by another magistrate? They all have equal powers. HOOWWWW? Lawyers, help us understand this stupidity!!!
Also, why did the police accept this nonsense and release him? You mean the police did not know that this is ambiguous or impossible for a fellow magistrate to nullify the warrant made by a sister court? Am buffled. Dziko lawola. Palibe kothawila. Kupolice, corruption, ku court, corruption. Eeesh! The nation is on fire.
A Bright, I dont know what you are asking about. The Police and Magistrate are ONE person. Mwapasa must not be approved at all COSTS
THE JUDICIAL SYSTEM IS GETTING ROTTEN AT A TIME WHEN WE HAVE A WHOLE PROFESSOR AT LAW AS HEAD OF STATE.SECONDLY WHY ALL THESE ATTEMPTS TO BRIBE JUDGES AND MAGISTATES WHEN THE DPP IS ALLEGED TO HAVE WON THE PRESIDENTIAL ELECTIONS CLEAR AND SQUARE?…. WHEN IT IS ALLEGED THAT MCP AND UTM FAILED TO PRESENT SUBSTANTIVE EVIDENCE TO THE COURT ABOUT RIGGING OF MAY 21 ELECTIONS…WHEN DR JANE ANSAH HAS BEEN CLAIMING THAT THE MAY 21 PRESIEDNTIAL ELECTIONS WERE CREDIBLE AND FAIR?
Indeed corruption has reached a step of no return in Malawi. Judges. Magistrates, Lawyers etc are all corrupt. This Chitsakamile chap, if my memory serves me well, is he not the same one involved in the Chapondas maizegate, the Albino killings and now he is disregarding his boss, The Chief Justice Nyirenda. This Frank Mbeta guy too should be de-registered from the list of practising lawyers in Malawi. He has put to question MEC and DPP in the election case. He cannot be trusted at all. If anything, its pitala and the Malawi Law Society who trust this guy. He too needs to be disciplined from the Law Society of Malawi. Indeed lawyers are devils.
This is gross professional misconduct
You must send well educated leaders to Army like the western
Nkhondo palije and the best is to protect the police and ruling party
God is control of all these things, let our hearts not be trobled