The Legal Affairs Committee of Parliament has announced that it will investigate allegations concerning the conduct of High Court Judge Kenan Manda.
This follows accusations by lawyer Alexious Kamangila, who has alleged that Justice Manda and other judges in the Judiciary are involved in corruption.
Kamangila brought the issues public through numerous Facebook posts, which he has since acknowledged as his.
During a briefing at Parliament in Lilongwe Monday, Legal Affairs Committee Chairperson Peter Dimba said the committee reached this decision following recent developments in the public domain regarding the justice delivery system and the allegations against Justice Manda.
According to Dimba, the committee nearly commenced impeachment proceedings against the judge two years ago when it was considering another matter involving him related to a Kanengo filling station case.
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“But somehow, we extended grace to him and trusted that the Judicial Service Commission would investigate the matter and perhaps recommend to the President his suspension pending investigations; however, that never happened. Instead, he was simply transferred from Lilongwe to Blantyre.
“The challenge is that when people do not face consequences for their actions, impunity flourishes. When formal systems fail to address impunity and society grows weary of it, mob justice ensues, which is the situation we are facing now.
“As a parliamentary committee with a serious mandate and jurisdiction over such matters, we have today decided to conduct an inquiry into these serious allegations,” Dimba said.
He added that the committee will summon the Malawi Law Society, which claims to have written to Chief Justice Rizine Mzikamanda regarding the issues.
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The committee will also welcome submissions from various individuals and institutions that sought justice from Justice Manda but were instead met with injustice, as in the case of Salima Sugar Company.
Dimba acknowledged that the Malawi Judiciary has made big strides and has earned a good reputation over the years, adding that it is unjust for all these gains to be undermined due to a few bad apples.
“It is frustrating for those serving the nation with integrity when wrongdoing is tolerated and rewarded, while integrity is often scorned or even punished. This is not the kind of Malawi we should all aspire to.
“At the conclusion of our inquiry, we will report to plenary and recommend impeachment based on the severity of the transgressions, as such officers must not be allowed near the bench; they pose a hazard to society.
“Consider how many lives have been ruined due to judgments made based on the amount of money exchanged rather than on the law, material facts and evidence of cases,” Dimba said.
Meanwhile, a coalition of civil society organisations (CSOs) under the National Advocacy Platform (Nap) has called for judicial reforms to ensure accountability, transparency and public confidence in the Judiciary following the accusations against Justice Manda.
In a statement delivered during a press briefing by Nap Chairperson Benedicto Kondowe in Lilongwe on yesterday, the CSOs requested an inquiry into the alleged misconduct of certain judges in the Judiciary.
“We urge the Judicial Service Commission and relevant bodies to act swiftly and decisively. This inquiry is crucial—not only to protect the reputation of judicial officers but also to restore public trust where necessary,” Kondowe said.
He added that there is an urgent need for reforms in judicial administration and for the prompt tabling of the Judicial Administration and Constitutional (Amendment) bills during the November Mid-Year Budget Review meeting.
“Strengthening oversight and fostering meaningful engagement between the Judiciary, civil society and other stakeholders will enhance transparency,” Kondowe said.
On Sunday, the Malawi Law Society (MLS) also called for an investigation into the accusations levelled against Manda and other judicial officers.
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.
