Lawyer representing pathologist Dr. Charles Dzamalala, James Naphambo, has told Times Online that his client will appeal a determination issued by the Medical Council of Malawi Board on Tuesday, to issue a warning letter to his client.
The board concluded that Dzamalala should be issued a warning letter, following his alleged case of medical negligence and unprofessional conduct on performing forensic pathology and report on the death of Kottana Chidyaonga.
Chidyaonga died in 2020 due to a snake bite – according to initial reports. However, Dzamalala conducted a post mortem on her body and concluded that she had died due to a pesticide called termek.
Following his assessment, four suspects – her then boyfriend Timothy Mtilosanje, Gilbert Kamaliza, Ekaree Chaweza, and Diana Bhagwanji –were arrested in January 2020. High Court Judge Thomson Ligowe later acquitted them on 19 August 2020.
However, findings by another pathologist Dr Steve Kamiza challenged Dzamalala’s findings saying they were not solid enough.
Dzamalala was summoned in December 2021, after Chidyaonga’s boyfriend Timothy Mtilosanje who was accused of having a hand in her death dragged him to the Medical Council of Malawi for disciplinary action, after the court ruled that the accused was not guilty.
“The Council determined that Dr. Dzamalala is guilty for definitively concluding that the late Chidyaonga died of termic poison. The Board therefore concluded that Dr. Dzamalala should be written a warning letter,” reads the letter, signed by Assistant Registrar for the Medical Council of Malawi.
However, Naphambo said his client will appeal the determination.
“I can confirm that we have received the letter of determination from the Medical Council of Malawi, but my client’s next step is to make an appeal. We will not be making further comments at the moment,” he said.
Meanwhile, Mtilosanje’s lawyer, Khwima Mchizi, has said he could not comment much on the punishment because it is an administrative decision.
“Nonetheless, I am happy and sad at the same time. Happy because the Council has vindicated my client again after the High Court and the Supreme Court had already done so and also confirming our fears that the report was a sham. Am sad because as a lawyer I don’t know how many innocent people are languishing in our prisons because of his actions,” he said.