Malawi Law Society (MLS) has urged the Judicial Service Commission (JSC) to expedite its investigations into allegations of corruption involving High Court of Malawi Commercial Division Judge Kenan Manda and other judicial officers.
The call by MLS follows a plea made by lawyer and corruption whistle-blower Alexious Kamangila asking the lawyers’ body to represent him in a defamation case where Manda is demanding K250 million in damages.
In a written response yesterday, MLS president Patrick Mpaka referred to their statement issued on October 13, 2024, where they advised against pursuing the defamation case, but urged the JSC, as a regulator of judicial services, to preside over issues concerning Judge Manda.
He said: “While we will reflect on the request that has now come to us, the primary solution to this intricate position is in the JSC to expeditiously complete and announce its findings on the inquiry that it invited complaints on concerning the subject matter and the concerned Judge.
“The mandate of MLS is regulatory over lawyers and protection of public interest on matters of law.”
Mpaka stated that it is unsound to have the High Court and JSC interrogating the same subject matter at the same time, saying one needs to inform the other. He warned that concurrent operations might lead to conflicting decisions.
He said: “Both are constitutional bodies whose mandate may intersect on the subject concerning a judge’s conduct.”
Kamangila’s request to MLS stems from an application made by his lawyer, Gift Dick Chimowa, asking the High Court to allow him to stop representing his client in the case due to alleged threats on his life.
In a letter addressed to MLS, dated February 20, 2025, Kamangila asked for legal assistance and advocacy for private security for his family, Chimowa’s family, and everyone associated with him.
“I plead that, in the circumstances, the MLS committee on litigation/research should be retained for this case. In that way, counsel involved in the litigation will be protected from personal attacks or attacks on their family or businesses,” reads part of the letter.
Meanwhile, Youth and Society (YAS) has called on the police, Judiciary, and MLS to urgently intervene and guarantee the safety of lawyer Chimowa and other legal practitioners handling sensitive cases.
A statement dated February 24, 2025, and signed by YAS executive director Charles Kajoloweka called for judicial protection measures, saying the Judiciary must ensure that legal practitioners such as lawyers, judges, and other judicial officers are free from coercion.
Apart from investigating incidents of threats to legal practitioners, the statement said the police and other relevant agencies must also publicly commit to protecting legal professionals.
Four weeks ago, JSC said complaints about delayed cases will require the commission to follow up with the respective registries to verify the case files, ask for the status of the cases, and seek explanations from the concerned judicial officers.
It also said some complaints are related to corruption, and for these, the commission will ask for more information from the complainants and, if necessary, refer those cases to the ACB or other government agencies for their action.
