Former Malawi Justice and Constitutional Affairs minister Ralph Kasambara’s attempted murder case promises to be a thriller after he named President Joyce Banda and her sister Cecilia Kumpukwe as his witnesses.
Kasambara, one of the country’s prominent lawyers and a senior counsel (SC), appeared before the Lilongwe Magistrate’s Court on Monday where he was formally charged with attempted murder of Ministry of Finance budget director Paul Mphwiyo.
Besides the President and her sister, Kasambara also mentioned ruling People’s Party (PP) publicity secretary Hophmally Makande, Minister of Information and Civic Education Brown Mpinganjira and Prophet Elias of Blantyre as his other witnesses.
Kasambara is being accused of playing a role in the shooting of Mphwiyo, who is currently recovering from gunshot wounds sustained on September 13 this year.
The case has since been committed to the High Court after which he was asked to state the names and addresses of his witnesses for the court to record as required under Section 290 (3) of the Criminal Procedure and Evidence Code.
Malawi Law Society (MLS) president Mandala Mambulasa said the fact that the Office of the President enjoys immunity from prosecution does not prevent the office bearer from testifying in court.
If Banda appears in court as Kasambara’s witness, it would not be the first time in the country as former president Bakili Muluzi appeared in court in April 2003 as a State witness in a case where veteran politician Gwanda Chakuamba was accused of forging his signature.
Section 91 (1) of the Constitution says a President may not be sued in any civil proceedings but he/she shall not be immune to orders of the courts concerning rights and duties.
And Section 91 (2) says: “No person holding the office of President shall be charged with any criminal offence in any court during his [or her] term of office, except where he or she has been charged with an offence on impeachment.”
Kasambara, who is PP’s director of legal affairs, chose to remain silent when chief resident magistrate Ruth Chinangwa asked if he understood the reading of the charge of attempted murder. This forced the magistrate to ask Kasambara’s lawyer, Emmanuel Theu, to repeat her question to his client.
“Since I have an objection to the charge itself, I will be mute. Responding to that question would mean I agree with the charge,” said Kasambara, who was clad in a black suit, a white shirt and orange neck-tie with Joyce Banda’s badge on the lapel of his jacket.
Later, Kasambara told journalists: “There is no case here. This case will not continue. All those pictures you are taking make sure you tag me on Facebook.”
In a related development, Pika Manondo, another suspect in the Mphwiyo shooting case, has also been committed to the High Court where he will take plea and his lawyer, John-Gift Mwakhwawa, will apply for bail.
Manondo was all smiles and jovial when he left the court, posing for pictures for the media before he was driven off in a Malawi Police Service (MPS) Toyota salon vehicle.
