Phoya gets nod for review of MLS suspension

The High Court of Malawi has given former minister of Justice Henry Phoya the nod to commence judicial review proceedings on a Malawi Law Society (MLS) decision suspending him from practising law for two years.

But the court has deferred to October 3 2023 proceedings on his application for an order stopping implementation of the MLS decision relating to a K48 million transaction.

MLS yesterday issued a notice that its disciplinary committee on September 11 2023 suspended Phoya for failing to pay back a K48 million loan to Ian Changa, who was a client to private practice lawyer Wester Kosamu in 2020.

But in an application for judicial review dated September 13 2023, Phoya argued that the money he obtained from Changa was a private loan agreement in his personal capacity.

He also argued that MLS did not find that he took the loan in the course of his duties as a legal practitioner, as such, he applied for an injunction stopping the society from implementing his suspension.

Reads in part Phoya’s sworn affidavit: “The decision of the defendant [MLS] to discipline me on the matters which have nothing to do with my legal practice is unreasonable in the Wednesbury sense.

“The defendant did not and does not have jurisdiction to enforce the repayment of loan. The defendant should have advised Mr. Changa to commence an action in a civil court to recover the money.”

In his ruling delivered on September 14 2023, High Court of Malawi Judge Allan Muhome granted Phoya permission to commence judicial review, but pended the injunction part.

“Permission granted, but injunction part to be heard with notice on 3rd October 2023 at 9am,” reads the ruling.

A public notice issued yesterday signed by MLS honorary secretary Gabriel Chembezi said Phoya was charged with three counts of conduct bringing the profession of law into disrepute, failure to respond to correspondence from MLS and conduct incompatible with the best interest of the profession and justice system.

In June, MLS also suspended Kosamu for six month from June 1 to November 30 2023 for the same matter.

In an interview yesterday, Phoya said the alleged act of misconduct occurred in 2019 before he resumed his legal career after a long stint in politics.

MLS chairperson Patrick Mpaka yesterday said by law Phoya is entitled to raise questions against the society’s disciplinary committees’ decision.