By Linda Kwanjana

Malawi Law Society (MLS) has distanced itself from claims which some quarters are alleging that Lawyer Gift Nankhuni embezzled money from his client the allegations which are emanating from the press release issued by the Malawi Law Society.

In an exclusive interview Honorary Secretary Gabriel Chembezi while responding to a question “Did Mr Nankhuni embezzle the sum of Mk477, 805, 833.33?”

This is what Counsel Chembezi had said.

“No, he did not embezzle the sum of MK477,895,833.33. He failed to invite the rest of the individuals before making the payment as agreed,” Says Chembezi in his response.

Asked further on what were the actual charges in the matter in terms of facts that Counsel Gift Nankhuni had committed.

This is what Chembezi said again in verbatim.

“Mr. Nankhuni was representing MR Saliyeti Kanyamula in a court matter registered as Civil Cause Number 905 of 2013: Saliyeti Kanyamula vs Attorney General (Regional Commissioner for Lands-Centre) where the Malawi Government was accused of repossessing land belonging to Mr. Kanyamula without compensation. Mr. Nankhuni successfully represented Mr. Kanyamula and the High Court ordered the Attorney General to pay compensation to Mr. Kanyamula. Before payment was made by the Malawi Government to Mr. Kanyamula, Mr. Nankhuni was informed that Mr. Kanyamula was a representative of other 14 individuals who were victims having lost their land due to the repossession without compensation. Mr. Kanyamula reques5ted that the other individuals should be added as parties to the case. Mr. Nankhuni advised them that it would not be possible since judgment was already delivered in favour of Mr. Kanyamula. However, Mr. Nankhuni agreed that once payment was received from the Attorney General, he would invite the other interested parties to receive their payment. When the Attorney General made the payment, Mr. Nankhuni only paid Mr. Kanyamula and did not inform the other individuals. Mr Kanyamula failed to pay the money to the other individuals. The individuals lost their land and did not receive any compensation.

On the summary Nankhuni paid all the finances to the beneficiary but when the Attorney General made the payment, Mr. Nankhuni only paid Mr. Kanyamula and did not inform the other individuals.

Mr Kanyamula failed to pay the money to the other individuals.

The whole charges are actually different from the particulars that Mr Nankhuni was charged with as per the findings of the Disciplinary hearing which were provided to us on request from the Honorary Secretary which were as follows;

1. You were engaged by the complainants and Saliyeti Kanyamula (deceased) as inhabitants
of Kuliyani Village, Traditional Authority Chitukula in Lilongwe District to represent them
in a matter in which they were seeking compensation from the Malawi Government.
2. Your firm commenced an action registered as Civil Cause Number 905 of 2013: Saliyeti Kanyamula vs Attorney General (Regional Commissioner for Lands-Centre). The
summons only indicated Saliyeti Kanyamula as the plaintiff only when he was acting as
the representative of Kuliyani Village, a fact which was disclosed to you.
3. The claim was successful and the plaintiff was paid the sum of MK725,000,000.00 in 2020.
Since the complainants were not included as parties to court case, the compensation was only paid to Saliyeti Kanyamula and they did not benefit in any way.

Asked if at all  Counsel Nankhuni was convicted of factual allegations that he was charged with MLS says yes, Mr. Nankhuni was found guilty of the charges levelled against him that is why the Disciplinary Committee has suspended him and has ordered that he should pay the other individuals the sum of MK477,895,833.33.

On why was the suspension which involves huge sum of money was only for six months?

MLS says the Disciplinary Committee considered the totality of the evidence and the conduct of Mr. Nankhuni in the handling of the matter.

“Apart from failing to honour the agreement to invite the rightful individuals before making payment to Mr. Kanyamula and failing to pay the rightful individuals the money, Mr. Nankhuni’s conduct of the matter was within the acceptable professional standards,” says the Honorary Secretary.

This appears contrary interms of issues of payment as in the findings of the Disciplinary Committee Mr Nankhuni was said to be guilty as follows.

“Findings of the Committee:
The Committee found you guilty on the following charges:
1. Fraudulent or improper conduct in the discharge of your professional duty contrary to
Section 89(2)(b) of the LELPA. Having been informed by Mr Kanyamula that he was
representing other people before payment was made to Mr Kanyamula, you failed to protect the interests of the complainants when you paid Mr Kanyamula all the
compensation without first notifying the complainants.
2. Engaging in misconduct that brings the profession of the law into disrepute contrary to Sections 89(2)() of the LELPA. Having been informed by Mr Kanyamula that he was representing other people before payment was made to Mr Kanyamula, you failed to protect the interests of the complainants when you paid Mr Kanyamula all the compensation without first notifing the complainants,” reads the MLS findings on the matter.

Meanwhile , MLS says the matter  was not   referred to the Director of Public Prosecution (DPP) or the Police for further investigations and actions because Mr Nankhuni did not steal or embezzle the money of the complainants.

“Therefore, the Disciplinary Committee did not deem it appropriate to refer the matter to the Director of Public Prosecutions as there were no elements of criminality in the conduct of Mr. Nankhuni,” says Chembezi.

Meanwhile Nankhuni is on suspension for 6 months and this is untill July this year.

The findings of the Disciplinary committees and the enquiry as provided by the Honorary Secretary are attached as follows.