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Mpinganjira appeal fails over quorum

Malawi Supreme Court of Appeal yesterday failed to start hearing an appeal case involving business mogul Thom Mpinganjira due to a shortage of Justices of Appeal (JAs) to form a seven-judge panel.

Chief Justice Rizine Mzikamanda told parties to the case that the court would not start hearing the matter until an acting appeal judge is appointed to form a quorum for the case.

Mpinganjira (2ndL) at court
yesterday. | Jonathan Pasungwi

He said some of the JAs were party to the same case while in the High Court of Malawi.

Mzikamanda said the minimum number of JAs to hear Mpinganjira’s appeal is seven and that there were only six judges eligible to handle the matter.

“On that basis, we cannot proceed with the matter until the appointment of an acting Justice of Appeal only for this matter,” said the Chief Justice.

Mzikamanda then adjourned the matter to a date to be communicated.

In an interview after the adjournment, both Mpinganjira’s lawyer Wapona Kita and Anti-Corruption Bureau director of legal and prosecutions Victor Chiwala said they could not do anything on the matter since it is acceptable by law to appoint an acting JA when the need arises.

Section 106 of the Constitution gives the President power on recommendation by the Judicial Service Commission to appoint judges of the High Court to serve as acting JAs.

In the appeal, Mpinganjira wants the Supreme Court to issue an order that squashes, reverses or sets aside his conviction of corruption and acquit him on all counts in the charge as well as issuing an order setting aside, or reversing “the harsh and excessive sentence”.

He argues that the High Court erred in law in finding that he attempted to induce public officers to perform functions corruptly when the evidence failed to prove that he offered any advantage or inducement to the judges to perform their functions corruptly in favour of former president Peter Mutharika.

JA Frank Kapanda released Mpinganjira in February 2022 on bail pending appeal hearing on his conviction and sentence, after spending 122 days at Blantyre Prison, popularly known as Chichiri Prison.

Mpinganjira was on October 5 2021 sentenced to nine years imprisonment after the High Court found him guilty of attempting to bribe five judges who presided over the May 21 2019 presidential election nullification petition.

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