By Chisomo Phiri
The Attorney General (AG) Frank Mbeta has approached the High Court seeking to bar private practice lawyer Kalekeni Kaphale from representing TotalEnergies in a high-stakes contract breach case, citing a potential conflict of interest.
The case involves Prima Fuels Ltd and the Malawi Government, who are claiming K824 billion ($480 million) over alleged contractual violations.
In a sworn statement seen by this publication,Mbeta says in 2020, while Kaphale served as AG, his office wrote to Prima Fuels’ lawyers on the same matter, sharing information deemed of evidential importance.
The statement reads:“It is obvious, therefore, that Kalekeni Kaphale SC was privy to information of evidential importance in respect of this matter at the time he was the AG. Such being the case, it is against Chapter 7(3) of the Malawi Law Society (MLS ) Code of Ethics for Counsel who once acted for one party to act for another party in relation to the same claim — in this matter, Cause Number 259 of 2019.”
The dispute centers on a fuel rebate that TotalEnergies was contractually obliged to pay the government under an agreement signed in 2001, but allegedly ceased honoring in 2006.
The AG’s application underscores concerns about the ethical boundaries for legal practitioners transitioning from public office to private practice, highlighting the tension between professional obligations and prior access to sensitive governmental information.
