Court rebuffs Mphwiyo, Lutepo
The High Court in Blantyre has rebuffed attempts by former Treasury budget director Paul Mphwiyo and businessperson Oswald Lutepo to stop lawyer Ralph Kasambara from accessing their telephone logs as directed by the Blantyre Senior Resident Magistrate’s Court.
Mphwiyo and Lutepo sought reliefs in the High Court to quash the decision of the Blantyre senior resident magistrate’s Court which had ordered two mobile phone network operators, Airtel Malawi Limited and Telekom Networks Malawi Limited (TNM), to provide call logs or call data records for the period June 1 to September 30 2013 to Kasambara’s lawyers.
In their bid, Mphwiyo and Lutepo argued that the decision of Blantyre senior resident magistrate Viva Nyimba to order release of their call logs infringed on their constitutional right to the privacy of their communications.
Kasambara, a former minister of Justice and Constitutional Affairs in President Joyce Banda’s administration, is accusing Mphwiyo and Lutepo of hate messages and intimidation and has sought permission to privately prosecute them.
But Mphwiyo and Lutepo have contended that it is unreasonable and unjustified at law and in fact because Kasambara was in receipt of the messages and phone calls on his devices and the information can as well be provided by or from his telecommunications services providers on an application by him to his telecommunications service providers.
The duo then sought the High Court’s leave for an order staying the decision of the magistrate.
Through their lawyer KalekeniKaphale, the duo argued: “It is submitted that the order by the Senior Resident Magistrate is in flagrant breach of the applicants’ constitutional right to privacy of their private telecommunications.”
Mphwiyo and Lutepo further argued that they have no alternative remedy to seek legal redress on the matter anywhere other than the High Court through the judicial review procedure since they are not party to the proceedings in the magistrate’s court.
But in his ruling, High Court Judge Healey Potani doubted their application on alternative remedy and reasons that they are not party to the proceedings.
“Actually, these proceedings are between the Republic and the applicants. In the circumstances, I have doubts whether the leave sought or judicial review is merited, as such I direct that the applicants should seek redress in the proceedings the orders they are complainants here made,” ruled Potani on December 20 2013.
Kasambara is accused of conspiracy to murder Mphwiyo who was shot outside his Area 43 residence in Lilongwe on September 13 2013. He is currently out on a court bail after being arrested on November 8.
On the other hand, Lutepo, charged with money laundering, is also out on court bail after paying a K50 million cash bond. n
Judge Esmie Chombo may have saved Ralphs life by her ill-fated, confused and unpopular ruling on Ralphs bail application. Every judge now knows that their judgements will be vetted by the public to see if there is any link to cash-gate money. It’s high time that judges make rulings based on merit and merit alone. By the way, what are these people hiding? I guess there are some clues in there! Malawians of goodwill please let’s vote out this government if we are to know the truth about cash-gate.
YES indeed this world is round round round. Take for instance two years ago. Who knew that Ralph Kasambara will need call logs from mobile companies to save his life. Is he not the one who argued vehemently against the so called spy machine arguing it is a violation of right to privacy? You attacked Bingu left and right. In 2013, you still find it necessary to collect call logs from these companies.
@angie7: These are two different things. Getting call logs is not spying on any one. By the time of his death Bingu was very unpopular and I dont regret celebrating it. JB is even more unpopular now and I bet most of us can have a cup or 2 of champagne if something can happen now.
Good development. It seems jurges of Blantyre are using merit in making their jurgements unlike Zomba jurges who even failed to bail out Raph becoz of mantha, and political affiliations
If PP remains in govt Cashgate case will be compromised. Real culprits and cash will disappear. UDF in govt will strike Bakiligate out of case but Bikili will have complete miraculous healing.
MCP in govt, Chakwera will appoint tembo vice president. After 6 months Chakwera will fake illness like Bakili and reigns. Then Tembo is a president
Probably you should ask someone to read and interpret our constitution for you. I bet its gonna save ur “but” a lot.
You Are Thinking Impossibilities and You Are Lost, Brother
i beleive in malawi there is no justice.
all this people calling themselves judges and lawyers ndi amodzi.
why do they defend thieves and the innocent people got convicted ?
sharia can be abetter thing to go by,and if this fails ,lets just try mob justice which is more than the truth and its more convinient and reliable.
Sharia? That one is reserved for terrorists and their governments.