Malawi Law Society fault justice system
The Malawi Law Society (MLS) on Tuesday raised a red flag over courts’ decisions for reserving for relatively longer periods judgements on bail applications and noted that some bonds are clearly excessive, thereby tantamount to denying suspects the right to bail.
MLS president Mandala Mambulasa observed that bail conditions are not supposed to be punitive, but rather to ensure that the accused person will be available for trial.
However, Mambulasa, who addressed the press in Blantyre in the company of four other MLS members, refused to link the statement to the K50 million (about $125 000) cash bail bond for businessperson Oswald Lutepo and the bail ruling of former minister of Justice and Constitutional Affairs Ralph Kasambara at K500 000 (about $1 250).
Said Mambulasa: “Of course, we do appreciate that our courts are usually busy and seized with many matters, but issues of personal liberty and rights of individuals should perhaps be prioritised.
“The courts would also do well to remember that every accused person is, under our Constitution, presumed innocent until the contrary has been proved against him or her or until he or she pleads guilty. We believe that when that is done, the perception that cashgate suspects are being punished before conviction will no longer be there.”
On the set up of a Forfeiture Unit under the Anti-Corruption Bureau (ACB) or enacting a Forfeiture Act to deal with embezzlement of funds or government property, MLS observed that the law may raise many legal challenges, including people complaining or claiming to be targeted and also retrospectively.
Mambulasa added that MLS is disturbed by allegations that there is differentiation of treatment of the suspects in the prisons in that those involved in cashgate scandal as recently reported were being given high class treatment.
The MLS president also clarified on assertions by President Joyce Banda that receiving stolen property, or being found in possession of property suspected to have been unlawfully obtained is not theft.
He said: “The State President is, therefore, wrong for suggesting that those that received property or funds that was stolen or unlawfully obtained have no case to answer.”
Mambulasa also censured political, religious and traditional leaders for failing to come out to condemn the religious motivated violence in Mangochi. He described the silence as disheartening and disturbing.
He said the Constitution provides that every person has the right to freely engage in economic activity, to work and pursue a livelihood anywhere in Malawi.
In his prepared speech, the MLS president said: “MLS is greatly concerned with the worrisome conduct of some of our Muslim brothers in Mangochi District in stopping certain businessmen from selling pork and requesting farmers involved in piggery to leave the district on the grounds that there are many Muslims in that district.
“This is surely an infringement of other people’s right to religion and conscience and also economic activity and pursuance of a livelihood anywhere in Malawi and in our view it is totally unacceptable in an open and democratic society like Malawi.”
MLS also tackled government’s obligation to provide basic medical care vis-a-vis the continued absence of essential drugs and medical and surgical equipment in major hospitals; the High Court’s invitation for submissions on anti-sodomy laws; and threats of closure of educational institutions in the country for lack of funding.
READ FULL MLS STATEMENT HERE
Law society are just being silly. Here they have to look at ability to pay more than anything else and likelihood of the suspect bolting. If Lutepo is able to donate 22cars to a party, surely he can afford k50mn. If he were given a bail of k100000 the likelihood of bolting is high as he has little at stake to lose. In USA a country where some of the precedents from which some of our common law cases are derived recently asked for a $1mn bond from a Malawian lady suspect who had defrauded her employers $2mn. Did we also not read from the papers that the IMF head was released on bail after posting a $1mn bail bond? This guy is alleged to have defrauded over $5mn and asking him to post $100,000 is manifestly inadequate and a big joke. Law society move with times and read what happens in other jurisdiction. Reading about malawi cases just shows how shallow you guys are. No wonder milandu Ina government imachita hire foreigners