Why are things different for Kasambara this time?

Once upon a time, well it was last February actually, the arrest of celebrity lawyer Ralph Kasambara evoked so much anger (against his detention) among various sections of the Malawian society that the echelons of government were shaken.

When police nabbed the human rights lawyer and his alleged accomplices on claims that they assaulted some people who reportedly planned to attack him at his Magalasi office in Blantyre during his days as a human rights lawyer and political activist in the Bingu wa Mutharika era, the wave of sympathy that went his way was overwhelming. The International Commission of Jurists (ICJ) condemned his arrest and continued detention. The Malawi Law Society (MLS) stood by him.

Civil society organisations (CSOs) were steadfast in their support, at one point threatening to pull out of protest talks with the Mutharika administration.

The Malawi Human Rights Commission (MHRC) even wanted the African Union and the United Nations to intervene on the arrest of Kasambara who at the time was a private practice lawyer and leader of Congress for Democracy (Code), a political party he founded.

Opposition parties—notably the United Democratic Front (UDF) and Malawi Congress Party (MCP) were on his side. The Livingstonia Synod called for his unconditional release.

In fact, members of Parliament wanted to debate his arrest in the august House, but Speaker Henry Chimunthu Banda put a stop to it.

The reservoir of goodwill for the senior lawyer was so high and so broad that even diplomats went to see him at a hospital where the still detained Kasambara was taken to be treated for a heart condition.

And when he was released on a second bail several days later, hundreds welcomed him with pomp and fanfare in the streets of Blantyre like a liberated freedom fighter. The online media was agog with messages of support and goodwill.

But this time things are different for Kasambara. His arrest last week in connection with the attempted murder of Ministry of Finance budget director Paul Mphwiyo got the opposite reaction compared to 21 months earlier. In fact, you got the impression that a good chunk of society celebrated his arrest. Even his People’s Party (PP) where he is director of legal affairs, appeared to welcome his arrest whereas opposition MCP patted government on the back for apprehending him.

The question is: What has changed for Kasambara over the past two years? Of course, in February 2012, Kasambara was a ‘small boy’ without power; hence, he was seen as a victim of the ‘Big Boys’ in the Bingu wa Mutharika government and, as natural instincts go, he got the sympathy of the public and the media.

By then, people had forgotten that this was the fellow who—as Attorney General—orchestrated the unsuccessful “constructive resignation” charge against then vice-president Cassim Chilumpha who president Mutharika wanted to drop as governing partner using some legal tricks after the pair’s fall-out.

Also, at the time, it had also escaped our memories that Kasambara as Attorney General reportedly advised Mutharika to challenge the constitutionality of Section 65 of the country’s supreme law only to represent the Public Affairs Committee (PAC) in fighting Mutharika’s referral in court that Democratic Progressive Party (DPP) legal adviser at the time Henry Phoya said the president pushed on advice from Kasambara when he was Attorney General (AG).

Kasambara denied giving his blessing to the presidential referral, saying Mutharika never consulted his office on the Section 65 challenge.

Kasambara later withdrew from the case after some legal minds, including then State lawyer Maxon Mbendera, said it was unethical for Kasambara to represent PAC because when he was the AG, he allegedly laid the foundation for the Section 65 case. But this year, memories are still fresh on Malawians’ minds that Kasambara was one of the most powerful politicians before being sacked as Justice Minister a few weeks ago.

People still remember questions about the frenzy of compensation payments he authorised when he was doubling as AG and Justice minister that observers feared may not have followed laid- down procedures.

Furthermore, prior to his arrest and soon after the shooting of Mphwiyo, a lot of rumours and whispers about his possible involvement hit the social media and drinking joints, among other places.

Kasambara denied any insinuations of involvement in an interview with Malawi News and categorically stated that his hands were clean. And knowing Kasambara, he will fight with anything he has to prove his innocence. It’s just that it is hard to figure out how dragging his boss, President Joyce Banda, will help him clear his name.

One thing is clear though: innocent or guilty, Kasambara’s base of sympathy has dwindled sharply since his last arrest in February 2012.

The once popular lawyer is having fewer friends by the day while his enemies list appears to be growing. It is a very uncomfortable position for anyone, let alone for someone fighting for both personal and political survival.