By Cathy Maulidi:
Magistrates and Judges Association in Malawi (Majam) has invited lawyer Alexious Kamangila to an interaction session regarding his social media posts about Judge Ken Manda’s handling of cases, including the Mukteshwar Sugar Mills Limited versus Salima Sugar Company Limited one.
Majam, whose primary objective is to promote judicial transparency, accountability and integrity among Malawi’s magistrates and judges, indicates in the invitation to the lawyer that it is concerned with social media remarks that are being linked to Kamangila.
Kamangila has allegedly questioned Manda’s conduct, further alleging that such conduct was being tolerated by Judiciary’s top officials and those at the Anti-Corruption Bureau.
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“We are concerned with the serious allegations raised and would like to interface with you so that we [can] have a better understanding of the issues that you are raising,” Majam Secretary General Peter Kandulu states.
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The letter indicates that the proposed meeting, scheduled for Thursday, October 2024 at 18:00 hours via Zoom, aims to provide Kamangila with a platform to freely discuss his concerns.
“Majam National Executive Committee officers will be very glad to provide a forum where you could interact with them freely on the suggested date and time,” Kandulu said.
Kamangila’s alleged posts highlight the need for greater scrutiny of the Judiciary’s actions, questioning some judgements made by some judges.
On Tuesday, Manda, through his lawyers, demanded K250 million from Kamangila for alleged defamatory remarks.
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He is accused of calling the judge “corrupt” in Facebook posts.
In a demand letter, Manda’s lawyer states that his client is demanding an apology, cease and desist and payment of K250 million in damages for defamation within three days.
“On the 2nd, 3rd and 5th of October 2024, you published multiple posts on your Facebook page, which has over 7,000 followers. The posts pertained to an order made by our client in Commercial Case Number 136 of 2024, Mukteshwar Sugar Mills Limited vs. Salima Sugar Company Limited, and included references to our client personally.
“In the aforementioned posts, you made the following statements concerning our client:
[You] alleged that the Judge engaged in fraudulent judging. [You] stated, “This will be the last sikono that he eats.”
“[You] questioned why it is always the Judge involved, implying he is untouchable, a gangster, or protected by the head of the Judiciary,” the letter reads.
The letter, which has provided links to the said posts, has further stated that in the said posts, Kamangila alleged that there have been numerous complaints before the Chief Justice about the Judge, with no action taken, suggesting it is time to “cut the snake by the head”.
Kamangila told The Daily Times that he would not stop posting what he was posting until there was sanity in the judicial system.
“I might as well say, ‘let’s meet in court; you will hear more’,” Kamangila said.
Commenting on the invitation, Kamangila said he had received the letter and that he had decided to honour the invitation.
“My first reaction is that I am wondering how this letter has found itself in the media…
“Secondly, I am neither a Judge nor a Magistrate; I am, therefore, shocked that I have been summoned by them. But for purposes of the cause, I will attend this meeting because I want to hear [from] them,” he said.
“Finally, I will be asking them why only magistrates are arrested and convicted on corruption charges. Is it that only magistrates are corrupt and that the judges in Malawi are all pious and angelic?” Kamangila added.
