Malawi Law Society (MLS)has demanded an inquiry into issues of alleged misconduct by High Court of Malawi Judge Kenan Manda and any other judicial officers whose matters are doing the rounds.
The society said the inquiry should include issues pending before the Chief Justice (CJ) or any committees of the Judiciary.
MLS said in a statement released yesterday and signed by its chairperson Patrick Mpaka that the Judicial Service Commission (JSC) in exercise of its powers under sections 118 and 12 of the Constitution must investigate the issues and subsequent decisions should be made public.
Reads the statement in part: “The Judicial Service Commission must act on the matters openly to the public and quickly enough in light of the public interest thereon and the judicial proceedings partly touching on the subject matter already now pending before the High Court in Civil Cause No. 141 of 2024.
“In terms of process, the JSC can be guided by the provisions of Section 43 of the Constitution.”
MLS also called on the need to “separate the constitutional management of errors in the judicial functions of a judge from that of matters concerning his or her conduct or misconduct capable of being dealt with as disciplinary issues.”
The controversy stems from Facebook posts by Alexious Kamangila, alleging misconduct by Justice Manda in a commercial case.
The society noted that Justice Manda has since filed a civil suit against Kamangila.
MLS further recommended suspending the civil proceedings initiated by Justice Manda pending the JSC’s inquiry, stating that in the matter involving alleged misconduct by judicial officers, the High Court has power to effect appeals only after the commission has made a decision under Section 118 of the Constitution.
Meanwhile, Mpaka called for self-restraint and wise judgement of issues from the public when discussing alleged misconduct by judicial officers.
He also urged the government to prioritise enacting Judicial Reform Bills to establish clearer mechanisms for holding judicial officers accountable.
He said: “The Bills must be enacted complete with supporting regulations and rules in order to afford the public a handy statutory mechanism for holding judicial officers accountable for any alleged misconduct.”
Apart from pledging to continue monitoring the situation, the society encouraged members of the public with complaints or allegations of misconduct to report to MLS.
“Any member of the public with concerns about alleged misconduct or misbehaviour of any judicial officer has a constitutional right to access services of the Judicial Service Commission for relevant correction,” reads further the MLS statement.
The High Court in Lilongwe on Friday issued an interlocutory injunction restraining lawyer Alexious Kamangila from making, writing, or publishing any statements about Kenan Manda until further notice.
Judge Manda’s lawyer Michael Goba Chipeta said he had already sent the document to Kamangila because of the urgency of the matter.
He said: “The court marshal also called the defendant in my presence to inform him that the other documents, including summons, are at the court. Kamangila informed the court marshal that he will advise where the documents should be delivered.”
According to the court order issued by Judge Simeon Mdeza, Kamangila risks being held in contempt of court if he disobeys the order.
In a demand letter issued last Monday, Judge Manda is seeking K250 million in compensation from Kamangila over Facebook posts alleging that the judge engaged in fraudulent conduct in the Salima Sugar Company Limited case.
On September 13 2024, Manda granted an order to Mukteshwar Sugar Mills Limited stopping Salima Sugar Company Limited from dealing with its funds and assets amounting to $2.3 million (K4.1 billion) held at seven banks in the country over alleged failure by the local sugar firm to pay Mukteshwar Sugar Mills Limited.
