High court judge, Dorothy Nyakaunda Kamanga, has referred Zomba Magistrate Benedicto Chitsakamile to the Judicial Service Commission for disciplinary action within seven days.
Magistrate Chitsakamile cancelled a midnight warrant of arrest issued by a fellow Magistrate for presidential election case bribe suspect, Dr. Thomson Mpinganjira to be released without being charged by the Anti Corruption Bureau ( ACB).
Dr. Mpinganjira’s walking out to freedom received local condemnations that Malawi has no laws as evidenced by the undermining of the rule of law by the court itself.
Judge Dorothy Nyakaunda Kamanga says the move taken by Magistrate Chitsakamile to cancel the warrant of arrest of the FDH boss did not comply with the law.
Judge Nyakaunda Kamanga says the ACB is at liberty to execute the warrant of arrest for the suspect to be re- arrested and charge him.
The Judge says there were several irregularities in the way the case was filed in Zomba and there was no certificate of agency.
The court has trashed Lawyer, Lusungu Gondwe for the manner in which he executed the warrant of arrest and has asked the Registrar of the High Court of Malawi to file a disciplinary action against him within 7 days.
The judge has also ordered Dr. Mpinganjira not to hire Lawyer Lusungu Gondwe saying they cannot represent him in criminal matter.
But, speaking to the media after the ruling, ACB Director General, Reyneck Matemba said the graft busting body will consider the re- arresting of Dr Thomson Mpinganjira.
Meanwhile , Mpinganjira is in police custody at Blantyre police station.
Malawi’s Chief justice, His Lordship Andrew Nyirenda reported to the Anti Corruption Bureau ( ACB) the alleged attempts to bribe the Constitutional court judges hearing the Presidential Elections Case in November, 2019 to be investigated.
