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E-court finally launched in Malawi

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By Chisomo Phiri

E-court system,a digital platform which seeks to link prisons and police stations with courts in the country has been finally launched.

The launch of the system was held on Wednesday April 24, 2024 in the capital Lilongwe.

Speaking to journalists, Chief Justice, Rizine Mzikamanda SC said the newly launched E-court system will help to resolve disputes conveniently, efficiently as well as timely in course of delivering justice in the country.

Fenella Frost and Mzikamanda

He described the innovative court system as a giant step in the administration of justice saying marginalised communities will be able to access justice without geographical challenges.

He said, 85 percent of people in the country live in rural areas where access of justice is minimal hence development of E-court system will help in achieving equitable justice.

“E-court system which has been launched today is important because it will help in administration of justice in the country. E-court system will bring justice closer and takes justice to the people. People will not be required to travel long distances to access justice. E-court system will also help to reduce delays of justice,” he said.

The Chief Justice further urged users of E-court system to embrace good utilisation of the technology in order to achieve its intended purpose.

“I have encouraged the users not to turn the system into a white elephant. With technical support they have received, am hoping that there will be minimal challenges in terms of usage of the system,”he  added.

United Nations Development Program (UNDP) Resident Representative, Fenella Frost said the system will not only help the government in saving money through court proceedings but also help people living in rural areas to access justice timely.

Frost further said the first phase of E-court system has covered 20 sites ranging from courts, police stations and prisons.

“The great advantage of E-court system is that it brings justice closer to the population. Many Malawians in rural areas travel long distances to access justice so this system will help to reduce travel costs. This is a pilot phase and the sites covered ranges from local courts, prison and police,” She said.

In his remarks, Commissioner General of Malawi Prison Service, Masauko Ng’ombeyagwada Wiskot said E-court system has come at a time when Malawi prisons are struggling with the problem of congestion.

Wiskot added that currently there are 16,200 prisoners in the country which is higher number compared to 8,000 inmates which are supposed to be accommodated in Malawi’s prisons.

“As you might be aware that Malawi Prison Service is facing a number of challenges and one of them is overcrowding. We look at E-court system as a way of reducing congestion because prisoners will be able to access justice while in prison. Suspects or prisoners who have appealed for their conviction needs transport to be escorted to courts so this system will help to reduce travel costs,” he said.

UNDP is providing financial support for the implementation  of the initiative.

Chisale denied appeal in certificate case

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By Chisomo Phiri

The Malawi Supreme Court of Appeal in Blantyre on Wednesday April 24,2024,dismissed an appeal by former personal bodyguard to former President Peter Mutharika,Norman Chisale, who is answering charges before the Senior Resident Magistrate Court in Lilongwe of presenting false information to a public officer and intimidation.

The Supreme Court single judge Slyvester Kalembera ordered that the magistrate court in Lilongwe must proceed to hear Chisale’s criminal case in which he, earlier in 2021, objected to take a fresh plea after the State made an amendment to the charge sheet.

Chisale

Following Chisale’s failure to take the fresh plea, the magistrate court referred the matter to the High Court for directions.

Justice Redson Kapindu of the High Court ruled then that the matter must go back to the magistrate court for trial.

But Chisale felt dissatisfied with the High Court’s order and filed a notice of appeal in the Supreme Court, through his lawyer Chancy Gondwe, but he fell short of filing necessary documents to support the notice.

The State, through Chief State Advocate Josephine Gwaza and Senior Deputy Chief State Advocate Andrew Salamba, from the Directorate of Public Prosecutions (DPP), filed an application for dismissal of the application following Chisale’s failure to file necessary documents.

Making his ruling, Justice of Appeal Kalembera said it was clear that facts of the matter warranted for the granting of the application by the State to dismiss the appeal for want of prosecution.

“Consequently, the appeal is hereby dismissed for want of prosecution.

“The trial in the lower court must continue,” the judge ordered after citing a number of case authorities.

Chisale presented a certificate to the public officer believed not to be his when he was getting employment in the Malawi Defence Force (MDF).

Court shuts door on Mphwiyo’s wife’s bid to save house

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By Chisomo Phiri

The High Court in Lilongwe on Tuesday dismissed an application by Paul Mphwiyo’s wife, Thandizo, for a stay and setting aside a forfeiture order of a bonded family house in Area 43 in Lilongwe.

In her ruling, Justice Ruth Chinangwa argued that the application for stay of the order of forfeiture lacks merit.

Judge Chinangwa ruled and ordered the forfeiture of the house on March 28, 2024, after Mphwiyo absconded bail on the bonded property.

The High Court in Lilongwe on Tuesday dismissed an application by Paul Mphwiyo’s wife, Thandizo, for a stay and setting aside a forfeiture order of a bonded family house in Area 43 in Lilongwe
Mphwiyo and his wife

But through lawyer Khumbo Soko, the wife applied last week to the court to set aside the order, arguing the house did not belong to her husband but it was a matrimonial property for the family.

According to a statement issued by the Anti Corruption Bureau (ACB), the court’s ruling means that the house remains the property of the Malawi Government.

Mphwiyo disappeared around July 2023 after the High Court in Lilongwe was about to hear his defence and later to deliver judgement in his K2.4 billion Cashgate case after it found him with a case to answer.

He disappeared after the Malawi Supreme Court of Appeal dismissed his appeal through which he was demanding that his criminal trial must start all over again after change of a judge.

Mphwiyo, alongside others and before he disappeared, was answering charges ranging from theft by public servant, money laundering to consipirancy to defraud government.

The alleged offences happened under the former President Dr. Joyce Banda’s administration.

Resolve your differences, Embassy of Ireland asks stakeholders

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By Burnett Munthali

The Embassy of Ireland has asked stakeholders in Mangochi to resolve the differences that are preventing the Malawi Electoral Commission (MEC) from holding the by-election at Mwasa Ward in Mangochi North East Constituency.

The Embassy’s governance advisor, Manuel Malamba said this in Mangochi during a visit to the area to appreciate the interventions of the Peace Project they are funding called ‘Inter-religious Dialogue’ which is being implemented by Centre for Social Concern (CfSC) in the district.

CfSC is implementing the project to promote peaceful co-existence among Muslims and Christians through the involvement of faith leaders, youths and chiefs, among others.

Speaking after interacting with interfaith committee members, Malamba said it is not fair that the by-election has been cancelled twice yet it is important in terms of the area’s development.

“The embassy believes in a free and democratic society where election is free and fair to ensure development. Therefore, would you please meet all the people who matter in this election and let it happen,” said.

Mangochi District Council director of administration, Bisai Mtayamanja thanked the embassy of Ireland and CfSC for implementing the project in the district saying it has contributed to peaceful communities across the district.

In the most serious note, one of God’s name and attribute is al-salam(The Most Peaceful), which means, peaceful co-existence and harmonious living are very important values that Islam urge Muslims to enjoy particularly with people of other faiths and religions, such as Christianity and others.

In February 2024, A high-level dialogue meeting was planned to ensure co-existence between Muslims and Christians in Mangochi district.

The meeting involved the Evangelical Association of Malawi (EAM), traditional leaders and the police following violent scenes at Nselema that week.

An angry mob assaulted a Living Waters Church pastor, destroyed his property and torched the church as well as undressing women.

The EAM, Muslim Association of Malawi (MAM) and the Quadria Association have been on a fact-finding mission in the area.

EAM general secretary Francis Mkandawire stressed the need for both the Muslims and Christians to live together in peace.

Muvi wa Chilungamo wants Malawi to have a Senate

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By Vincent Gunde

President and Commander in Chief of Muvi wa Chilungamo Revolutionary Party (MRP) Bantu Saunders Jumah, says Malawi needs the House of Senate (chiefs) to bring in the real Ubunthu-social justice system which is lacking in politicians.

Jumah said if the country had the Senate, President Chakwera would have been summoned to appear before it to apologize to the US Government for likening USA with Malawi in defending corruption suspects in his government.

Jumah wants Chiefs to have a Senate

He said it is very sad that the Malawi Parliament and Judiciary cannot summon President Chakwera to appear before it to apologize because these two institutions have been captured by the MCP led Tonse Alliance government and are compromised.

Speaking through his face book page widely read by millions of people in Malawi and Africa, Jumah said if Malawi had a House of Chiefs, they could have gone to President Chakwera to ask him of sugar scarcity in the country and why it is very expensive with two sugar manufacturing companies in Malawi.

Jumah said the Senate in Malawi is in the hands of politicians claiming that corruption has become a cancer disease which cannot end because politicians are the engineers of corruption, the quickest way one could become rich.

He has dismissed President Chakwera’s speech and Minister of Information Moses Kunkuyu’s statement that Malawi courts are independent arguing that those that are being jailed are corruption fighters and activists while the real corruption suspects are being shielded basing on party loyalists.

The MRP President has challenged the Malawi Government to arrest people who were sent to arrest ACB Chief Martha Chizuma to prove to the world that Malawi courts are independent observing that out of 84 corruption suspects submitted by the ACB to President Chakwera, only one, Dr. Saulosi Klaus Chilima is answering court charges while 83 are hidden.

“It is not a surprise that President Chakwera spoke in Chichewa attacking the Americans defending thieves just to fool Malawians to side with him for speaking right,” said Jumah.

He has advised President Chakwera not to compare USA crimes with Malawi describing the comparisons in his speech as wrong claiming that America is following up its money to reach the much -deserved beneficiaries and not landing into crooked pockets in Malawi.

Jumah said he has since appealed to the US Government that if it is punishing Malawi, they should punish individuals practicing and defending corruption suspects saying Malawians are rallying behind them in the fight against corruption in their country.