AG, MPS abetting crime?

The Attorney General (AG) and the Inspector General of Police (IG) have been sitting on Malawi Law Society (MLS) recommendations to disbar at least eight fraudulent lawyers.

The MLS Disciplinary Committee made recommendations to the AG and Director of Public Prosecutions (DPP) to admonish, suspend and institute criminal proceedings against the indicted lawyers who were found guilty between March 2020 and January this year.

The lawyers include those accused of embezzling over K128 million of clients’ funds which, MLS through its independent disciplinary committee, ordered to be restituted.

The committee recommended to the AG to suspend and admonish the lawyers while the DPP was supposed to institute criminal proceedings against others pursuant to Section 96 (1) (e) of the Legal Education and Legal Practitioners Act of 2017 (Lelpa).

But according to Weekend Nation investigation, neither the AG nor the DPP has acted on the individuals, thus bolstering the public perception that suspected mischievous legal practitioners are generally not being dealt with decisively.

The MLS Disciplinary Committee is headed by the Solicitor General, who is also Secretary for Justice, in accordance with Section 90(2)(a) of the Lelpa.

The committee is established by the Legal Education and Legal Practitioners under Section 90 and has powers to inquire into the conduct of legal practitioners at the request of the High Court and on a complaint made by any person.

MLS honorary secretary Chrispin Ngunde said in an interview the society’s executive committee had not received any communication from the AG or the Disciplinary Committee on actions taken on suspected fraudulent lawyers.

“I think at an appropriate time, the Attorney General or the Disciplinary Committee will communicate to MLS on the steps taken following the recommendations,” he said.

AG Chikosa Silungwe confirmed in an interview on Tuesday his office was yet to act on the errant lawyers but could not be drawn into discussing reasons for the delay.

The law does not sanction the AG to suspend a legal practitioner but that power is vested in the Disciplinary Committee by virtue of Section 96(1)(b) of the Lelpa or the Chief Justice by virtue of Section 89(1)(b) of Lelpa.

However, Section 89(1) of the Lelpa allows the office of the AG to make an application to the High Court for the suspension of a lawyer.

But Silungwe said: “The office of the Attorney General is now ready to file summons where we shall pray to the Honourable the Chief Justice for disbarment of eight legal practitioners.”

Both the MLS honorary secretary and AG could not divulge particulars of the accused legal practitioners.

“MLS is not in a position to disclose the names of the concerned legal practitioners; I think the Solicitor General … may be a suitable person to give such details. Alternatively, the Attorney General may provide the said details,” said Ngunde.

On his part, Silungwe also said “we are unable to disclose the names of the legal practitioners at this time.”

According to a report from the MLS Disciplinary Committee, as at February 15 2021, the committee had ordered restitution of K128.3 million against the errant lawyers in 49 disciplinary matters.

Out of the K128.3 million, about K77.1 million had been paid back to clients in 24 matters leaving an outstanding balance of K51.1 million in 25 matters.

“The disciplinary committee continues to sit and hear matters relating to various infractions on the part of legal practitioners. Rules of natural justice are strictly observed throughout the process,” said the AG.

On instituting criminal proceedings against the alleged fraudulent lawyers, Weekend Nation can reveal the DPP’s office has also not moved the courts; hence, the Malawi Police Service (MPS) is also yet to generate a case docket.

By law, after the Disciplinary Committee’s recommendation, the DPP writes Inspector General (IG) of MPS to probe the matter and prepare a docket for prosecution by the DPP.

Among others, the docket is supposed to contain witnesses’ statements (complainants’ statements), police report, caution and evidence of arrest.

In an interview on Tuesday, IG George Kainja confirmed his office was yet to act on the matter because he had not received any communication from the DPP on the matter.

He said: “I have not received any communication of that nature. It has not reached my office otherwise I would have remembered.”

While DPP Steven Kayuni was not readily available for comment, a communication Weekend Nation has seen shows the public prosecutor advised the police to institute investigations in January 2021.

“It has to be noted that lawyers operate on a position of trust with ethos and integrity that the profession adheres to and postulates.

“Pursuant to the above cited law [Section 96(1)(e) of Lelpa 2017] and the MLS recommendation herein, my office writes your esteemed good office to quickly institute investigations (case docket preparation) into the alleged conduct,” reads part of a communication signed by Kayuni dated January 2, 2021 with reference number DPP/ADMN/IG/2021/1 addressed to the Inspector General and copied to Attorney General.

According to the AG, the DPP is scheduled to institute criminal investigations against two lawyers of whom one is already serving a prison sentence after being convicted on a different matter.

Speaking after being elected as MLS president on March 26 2021 in Mangochi, Patrick Mpaka warned the society’s members they would not be protected if they find themselves in the wrong side of the law.