Court saves lawyer from Law Society, ACB jaws
The Malawi Supreme Court of Appeal has given private practice lawyer George Kadzipatike interim relief by stopping Malawi Law Society (MLS) from investigating him before raising disciplinary charges against him.
Through a stay order granted on Thursday in Blantyre on a High Court of Malawi Commercial Division judgement made in Lilongwe earlier this month, the Supreme Court has also saved the lawyer from being investigated by the Anti- Corruption Bureau (ACB).
Further, the Supreme Court order also saved the Mzuzu-based lawyer and his client McDonald Kamwera of KM Building Contractors from paying K192 million to Zhejiang Communications Construction Group.
Their lawyer, Chancy Gondwe, convinced Justice of Appeal Dingiswayo Madise, sitting as a single Supreme Court judge, to grant the order which in effect puts aside implementation of the judgement delivered by High Court Judge Charlotte Malonda on May 16 2023.
In his order, Madise said upon reading the application for an order filed without notice, he noted the balance of justice tilted in favour of the applicant being an urgent application, as such, he proceeded to grant the stay.
However, both parties to the case are due to be heard within 28 days.
In the case, Kadzipatike, acting on behalf of Kamwera, was found to have enforced a seizure order through sheriffs for the judgement sum of about K48 million granted by the court against Zhejiang Communications Construction Group.
However, during the exercise, they seized four tippers and a Ford Ranger pick-up valued at over K192 million, four times the judgement sum.
The lawyer and his client, according to the High Court ruling, also pressurised the defendant through the sheriffs to pay legal costs of K65 million before the court made an assessment. The court’s assessment turned out to be slightly over K23 million.
The seized property was later sold, it emerged.
The High Court judge observed that the claimant usurped the role of sheriffs and the claimant’s involvement in the sale of the property was illegal and not supported by any law and the Sheriffs Act.
The court set aside the sale and found that Kadzipatike did not conduct himself properly. The judge said the conduct of Kadzipatike and Victor Nyirenda of Sheriff’s office was criminal and should not be condoned.
The court further ordered Kadzipatike and his client to pay back K192 603 397.62, being sales of the vehicles and K48 541 831.27, being judgement debt.
The judge also ordered relevant authorities, including Malawi Police Ser vice and ACB to investigate the conduct of Kadzipatike and Nyirenda.
The court also ordered MLS to take disciplinary measures against the conduct of their member, Kadzipatike, which it said borders on perjury and dishonesty.
