By Cathy Maulidi:
Shenaz Bhagwanji, a woman embroiled in a protracted divorce battle, has penned a desperate plea to Chief Justice (CJ) Rizine Mzikamanda, demanding justice in a divorce and custody battle that has lived in court for more than eight years.
Her letter to the CJ paints a picture of alleged judicial misconduct and a relentless pursuit of justice.
Bhagwanji’s ordeal began in 2016 when she and Portuguese husband, currently residing in Malawi, Ricardo Almeida, initiated divorce proceedings.
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However, in December 2022, the Supreme Court of Appeal ruled that Malawian courts lacked jurisdiction and directed the couple to seek resolution in Portuguese courts.
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“I thought Ricardo would be happy to move back to his country as he has been fighting Malawi’s jurisdiction since 2016, arguing that the Portuguese courts alone are the ones with jurisdiction.
“To my surprise, he is refusing to go to his country. He is refusing to finalise the divorce as well and is happy to be living like this and fighting in court. I would like to relocate to his country, Portugal, with our daughter in order to seek the justice I have been waiting for all these years.” Bhagwanji wrote the CJ.
The couple’s custody battle has been particularly contentious, with Bhagwanji alleging bias and misconduct on the part of magistrate courts that have been handling the issue.
She alleged that magistrate courts have been granting Almeida ex parte orders without her knowledge.
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Furthermore, Bhagwanji alleges that the courts have exhibited favoritism by prioritising Almeida’s requests, even granting him expedited hearings in the Supreme Court of Appeal.
She also requests the CJ to look into rulings made by the Supreme Court of Appeal, saying it has been hindering her legal proceedings in magistrate courts.
Bhagwanji also claims that she complained to the Judicial Service Commission (JSC) about the conduct of some judicial officers, saying she did so in her quest for justice.
When contacted, JSC secretary Irene Chikapa confirmed receiving the complaint from Bhagwanji and other 10 women who filed similar complaints.
“Yes, in total we have received 11 complaints from a group of women,” Chikapa said.
When contacted, Almeida’s lawyer Marshall Chilenga said he would not comment on the issues as the matters were under investigations.
“But [again] this is a matter involving children; you don’t publicise matters involving children. [As] for the other things, let people investigate,” Chilenga said.
