The Malawi Law Society (MLS) Sunday broke its silence and demanded that the Judicial Service Commission urgently investigate the alleged misconduct of High Court Judge Kenan Manda.
Over the past two weeks, lawyer Alexious Kamangila has taken social media by storm, exposing what he claims to be corrupt elements in Malawi’s justice delivery system.
Kamangila mentioned Manda in his posts.
The lawyer has done what many Malawians have dreaded: publicly rebuking a sitting judge.
In a statement co-signed by MLS Chairperson Patrick Mpaka and Vice Chairperson Tusume Mwabungulu, the lawyers’ body states that it has noted the recent wide-scale public engagement with issues concerning the administration of justice.
MLS notes that the issues have been triggered by Kamangila’s allegations of misconduct on the part of Justice Manda in the exercise of his judicial functions in Commercial Cause No. 136 of 2024, Mukeshwar Sugar Mills Limited v. Salima Sugar Company Limited.
The lawyers’ body further observes that it has also noted Kamangila’s allegations concerning other judicial officers and some lawyers but was quick to point out that, so far, there is no formal complaint before it concerning the named lawyers.
It says since April 2021, it has participated in and provided insights to the relevant authorities, including Chief Justice Rizine Mzikamanda, on matters concerning the administration of justice generally and concerning Justice Manda in particular.
MLS further states that its latest position regarding allegations of misconduct by Justice Manda is contained in a confidential memo dated April 30, 2024, which Mzikamanda duly acknowledged on May 7, 2024.
“The issues concerning the alleged (mis)conduct of Honourable Justice Kenan Manda and any other judicial officers… ought to and must be inquired into and decision(s) thereon made public by the Judicial Service Commission in exercise of its powers under section 118 as read with section 12 of the Constitution.
“The Judicial Service Commission must act on the matters openly to the public and quickly enough in light of the public interest thereon and the judicial proceedings partly touching on the subject matter already now pending before the High Court in Civil Cause No. 141 of 2024,” MLS says in a public statement.
It adds that the court and the parties to the case between Justice Manda and Kamangila, may wish to consider suspending the judicial proceedings, pending any necessary inquiry and the resolution of all outstanding alleged misconduct issues.
The lawyers’ body further states that, just like officers in the Executive and the Legislature, persons holding judicial office are subject to the same principles of transparency, accountability and the need to sustain public trust.
“By reason of this constitutional fundamental pillar, members of the public remain entitled to hold judicial officers accountable but subject to the final guidance of the Constitution itself.
“Relevant organs of the State have a corresponding obligation to take and promote constitutional measures designed to build and sustain the trust and confidence of the public in the Judiciary subject to the final guidance of the Constitution itself,” MLS says.
Manda has been in the limelight in recent months over several determinations he issued.
Among those that raised public eyebrows and caught the attention of Parliament is his ruling in a case involving Gam Fuels Managing Director Gerson Mkweza and Masters Boreholes Drilling Company Managing Director Alfred Gangata, which resulted in Gangata taking over Mkweza’s gas station.
Earlier this year, another High Court Judge, Violet Palikena Chipao, faulted Justice Manda for granting account access to Bilderberg Limited after the Financial Intelligence Authority had frozen the accounts.
This followed Justice Manda’s ruling that South African national William Bilderberg, who was accused of being a fugitive, be allowed access to his bank accounts.
On Friday, Justice Manda obtained an interlocutory injunction against Kamangila, restraining him from making any statements against him on social media.
However, Kamangila has refused to back down, claiming the order does not make sense and has been suspiciously obtained.
