Court has no power to suspend Chaponda – law expert

Jan 12, 2017 Politics 270
Advertisement
George Chaponda

The Mzuzu High Court’s decision to grant an injunction stopping George Chaponda from exercising his duties could collide with the laws, a legal expert has told Malawi24.

According to the lawyer Ritchie Katsichi of Kalua and CO Lawyers , the court has no power to remove the minister from his position since the constitution allows only the president to appoint or remove a minister.

He added that after receiving the court order, it is up to the President Mutharika to decide whether to fire the minister or not.

George Chaponda
George Chaponda got suspended by the court.

The lawyer however noted that the country’s constitution gives more powers to the president which makes it hard for the Malawi leader to fire a minister as they work together in various fields.

When asked to comment on the issue, Malawi Law Society said it does not comment on issues that are in court.

The High Court in Mzuzu granted the injunction after an application by Civil Society Organisations (CSOs) who were worried with Mutharika’s failure to fire Chaponda over the maize scam.

Section 95 (2) of the Malawi Constitution clearly affirms that the President possess “the power to remove Ministers or Deputy Ministers from their posts” just as Section 94 gives him the mandate “to appoint Ministers or Deputy Ministers and to fill vacancies in the Cabinet.”

The court also granted the CSOs their wish for a judicial review of Mutharika’s refusal to fire Chaponda over the maizegate inquiry.

Commenting on the order for the judicial review, Katsichi said it is not undermining the president’s powers.

“The court’s decision to grant the civil society organisations a leave to go ahead and review the law that the minister has done wrong is not undermining the duties of the president as the order has only given a go ahead for a judicial review,” said Katsichi in an interview with Malawi24 on Thursday.

Mutharika stands by his ‘anointed successor’ Chaponda

When asked what he thinks about the Commission of Inquiry set up by Mutharika, he noted that such commissions have not been fruitful in the past.

“I think we did not need a commission of inquiry on the maizegate scam as we never know the president might appoint the people to blindfold Malawians in the end shielding the minister,” he said.

Admarc Malawi
Admarc was forced to hike maize price.

On reports that Anti-Corruption Bureau officials went to Zambia to enquire about the maizegate scam, Katsichi said there is need to wait for the results but such moves might just be there to blindfold people that something is being done about the issue.

He added that if the enquiry proves that Chaponda was in the wrong then the president has no choice but to fire the minister.

HOW THE SCANDAL BEGAN

Leaked documents showed that Admarc used a private Zambian company that may be more expensive than if the deal were government-to-government.

Admarc insists that it is buying the staple grain from Zambia Cooperative Federation (ZCF), a government agency.

According to figures seen in documents, Admarc has r paid $34.5 million (about K26 billion) for the maize, which is $13 million (about K9.5 billion) more than the $21.5 million (about K15 billion) it could have paid had it bought the maize from Zambian Government.

Malawi government obtained a loan of K26 billion from the Eastern and Southern African Development Bank (PTA Bank)  to purchase 100, 000 metric tonnes of maize from government of Zambia through ZCF.

Mutharika moved to appoint commission of inquiry into Admarc K26bn maize scam

This was the reason maize price was hiked from around K5000 to K12 500 per 50 kg bag to enable Admarc repay the loan.

At the moment, Kaloswe, a Zambian company which was used as a middleman in the maize deal has sued ZCF and Admarc.

Kaloswe Commuter and Courier Limited chief executive officer Isaac Kapambwe said his company entered into contract with ZCF for the supply of 100,000 metric tonnes of maize at a unit cost of US$215 per metric tonne at a total contract sum of US$21.5 million.

Kaloswe also signed a contract with Admarc to supply to the Malawian company the 100, 000 metric tonnes of maize the Zambian company bought from ZCF at the price of US$345 per metric tonne (total cost of US$34.5 million).

Experts continue saying this is one of the scandals that would make the Mutharika regime unpopular.

*Additional reporting by Joseph Dumbula

Advertisement

270 Comments

  1. PALI ZAMBIRI ZOMWE ZIZATULUKE WOMWE MUKULAMULANU MUKAZACHOKA MUKAMAPANGA ZOPUSA ZANUZO SIMUMAGANIZA AYI THATS WHY MUMANGOKHALILA MU EXILE BASI

  4. Wthr de court does dat powers or not bt de minister has been suspended n he z at home.. Tell ur so called person who gt powers to get chaponda bck to his office.. Why are u stil waiting for de supreme court en?,hahaaaaa ds meanz the courts gt mo powers than anyone else… Viva courts of Malawi…

  8. 108, paragraph 1:
    There shall be a High Court for the Republic which shall have
    unlimited original jurisdiction to hear and determine any civil
    or criminal proceedings under any law.

    2. The High Court shall have original jurisdiction to review any
    law, and any action or decision of the Government, for
    conformity with this Constitution, save as otherwise provided
    by this Constitution and shall have such other jurisdiction
    and powers as may be conferred on it by this Constitution or
    any other law

  14. Do you know the rule of law? The president did the right thing yo appoint a commission of inquirely into the maize saga before the law catches up with Chaponda. Lets leave law experts to have a say on this issue. Much as I dislike Chaponda all along, I wouldnt want to judge him before the law. Lets wait, truth shall out by any means and then Chaponda will face his own music in a court of law. I rest my case

  15. Mr chaponda should indeed step aside because the president was elected by the people to exercise their duties on their behalf so No matter what U politicians can say bra bra bra we the Malawians wants to do what we want to

  20. T has just proven that Peter is a statue been driven by a remote operated by this motherfaken Gorge masaya ngati dugu mbava imene ikuononga chipani changa chokondedwa cha dpp,Advice to the president pliz bow down to the demand by public if you love the party pliz chotsani mbava zonse mu vabinet yanu indeed there alot of welfishing individuals who hv a good will for the party and malawians at heart

  26. I think we are very unfortunate to have a leader who is really a puppet. He has no power on his own. Kushona sizinthudi. kunali anzanunso kunja kuno anatenga malawi ngati plot ya makolo awo

  27. Hope now people are able to see what Joice Banda was saying about these thugs, anyway chosadziwa taombera nazo mbava mmanja.

  32. removing the minster and stopping a minster from exercising his duties are two different things. Chaponda has not been striped off his ministerial position, but prevented from discharging his duties until when he is told to resume his duties by the courts.

  34. The court has and it has exercised its powers. Judge nae adapanga za malamulo zomwezo,ife sititha zimenezo.what’s good to hear ndizoti ena afufuze Kae andunao Ali pa deni.kkkk that’s malawi at 50+…..shame.

  36. THE QUESTION WHICH MANY MALAWIANS HAVE IS “WHY THE PRESIDENT IS FAILING TO SUSPEND SOMEONE WHO IS SUSPECTED OF MISCONDUCT WITHIN HIS CABINET? ???WE WANT THE PRESIDENT TO USE HIS POWERS TO TEMPORALILY SUSPEND THIS SUSPICIOUS MINISTER

  45. A katsichi u mean ministers are also immuned to court orders…..
    Meaning it’s a constutional crisis???? Or u want to win favours from DDP to release the conspire….(name withheld…

  47. What is preventing the president to relieve chaponda of his duties, even temporarily, to pave way for investigations? Is he bigger than the president himself? Now Malawians will start wondering?

    1. Eish akulu, qaurter system is good;we need to share the national cake. U know the former system was prone to nepotism by …..u know which pple are good at that. So lets talk abt maize scandal & not qaurter.

  50. If the world had only lawyers and economists, there would be unending debates and arguments without conclusion

  51. The court has the power to suspend its also happening in south Africa the opposition doesn’t fight with the mouth they just take the matters to court the court is the thing which can fight for us exploited poor no one is above the, this is clear witchcraft malawi staple food is maize & they was extremely hunger last year then someone is stealing it from the tax payers money what do you zonse zabwino zikhale zanu mlandu uwu ndi murder sizikusiyana anthu onse afe ndi njala inu nokha mulemele, I love my country malawi but corruption, laundering of public resources it’s too much for someone to bear.

    1. But wena,you can compare ndale zamalema ndipamalawi.zuma is enjoying with his corruption government and is waiting to handover its position to his former wife kkkkk

  52. The laws say its only the President who has the power to suspend Chaponda, Okay fine. This issue is very senstive it can bring down the DPP government. Why is the President not firing Chaponda? Is the President involved in this deal? If Chaponda had the audacety to meet President Edgar Lungu of Zambia, that means its a Nation to Nation deal. President Mutharika is involved in this deal thats he has appointed a mediocre commission to come up with nothing to implicate Chaponda. The President may be he whats to rise money for 2019 elections through maizegate. A Malawi adzuka no more DPP in 2019. How can Nakhumwa buy an ambulance, bicycles 33, and a car for the police in his costituence costing 33 million. Where did he get the money? Anthuwa ndi akuba onse.

  53. Eya Apa Ndiye Zakola,mwana Akaba Ndiwo Ndiye Bambo Mkudya Nawoso Ndiwozo Amayi Akafusa Kuti Waba Ndiwo Ndani?Iwe Sumayankhaso Ngakhale Amayi Akalipe Motani Bambo Sayankha,amayi Akati Ndikukwapula Komaso Ndikuchotsa Pakhomo Pano,ndipamene Bambo Amayankha Mkumati Ukwapula Mwana Mkulakwa Komaso Udindo Umutsa Mwana Mnyumba Muno Uli Mmanja Mwanga Kuseku Kumakhala Kutseka Kutsogolo Chifukwa Ngati Atamumenyedi Mkati Molira Adzaula Kuti Ababaso Adadya Nawo,ngati Atamutse Pakhomopo Komwe Angapiteko Akaulula Kuti Ababaso Adadya Nawo Pokana Kuwululidwa Bambo Amati,ndine Mutu Wabanja Ndipo Mphanvu Zomuchotsa Munthu Mnyumba Muno Zili Ndi Ine.Apa Akuthawira Kwa Prezdent Kuti Ndi Amene Akuyenera Kuchotsa Chaponda Koma Ndibodza Limenelo Ngati Anthu Akuti Achoke Achoke Basi Chifukwa Amaimilira Anthu Prezdent Adangomusankha Chabe.

  54. The laws say its only the President who has the power to suspend Chaponda, Okay fine. This issue is very senstive it can bring down the DPP government. Why is the President not firing Chaponda? Is the President involved in this deal? If Chaponda was had the audacety to meet President Edgar Lungu of Zambia, that means its a Nation to Nation deal. President Mutharika is involved in this deal thats he has appointed a mediocre commission to come up with nothing to implicate Chaponda. The President may be he whats to rise money for 2019 election through maizegate. A Malawi adzuka no more DPP in 2019. How can Nakhumwa buy an ambulance, bicycles 33, and a car for the police in his costituence costing 33 million. Where did he get the money? Anthuwa ndi akuba onse.

  55. The laws say its only the President who has the power to suspend Chaponda, Okay fine. This issue is very senstive it can bring down the DPP government. Why is the President not firing Chaponda? Is the President involved in this deal? If Chaponda was had the audacety to meet President Edgar Lungu of Zambia, that means its a Nation to Nation deal. President Mutharika is involved in this deal thats he has appointed a mediocre commission to come up with nothing to implicate Chaponda. The President may be he whats to rise money for 2019 election through maizegate. A Malawi adzuka no more DPP in 2019. How can Nakhumwa buy an ambulance, bicycles 33, and a car for the police in his costituence costing 33 million. Where did he get the money? Anthuwa ndi akuba onse.

  56. The laws say its only the President who has the power to suspend Chaponda, Okay fine. This issue is very senstive it can bring down the DPP government. Why is the President not firing Chaponda? Is the President involved in this deal? If Chaponda was had the audacety to meet President Edgar Lungu of Zambia, that means its a Nation to Nation deal. President Mutharika is involved in this deal thats he has appointed a mediocre commission to come up with nothing to implicate Chaponda. The President may be he whats to rise money for 2019 election through maizegate. A Malawi adzuka no more DPP in 2019. How can Nakhumwa buy an ambulance, bicycles 33, and a car for the police in his costituence costing 33 million. Where did he get the money? Anthuwa ndi akuba onse.

  57. we need to know that the 3 branches of gvt. work indipendently 4m each other,the reason is to provide checks and balances to ensure transparency and accountability thereby checking abuse of power as it is now,then why can one branch undermine the duties of another yet you say you’re democratic. i dont see sense in this lawyer. our parents fought 4 ths democrasy u are abusing. mind you when poor ppo are complaining and u dont consider their complaints the result is downfall no matter what. learn 4m king jeroboam of israel (1kings chapter 12).

  58. The laws say its only the President who has the power to suspend Chaponda, Okay fine. This issue is very senstive it can bring down the DPP government. Why is the President not firing Chaponda? Is the President involved in this deal? If Chaponda was had the audacety to meet President Edgar Lungu of Zambia, that means its a Nation to Nation deal. President Mutharika is involved in this deal thats he has appointed a mediocre commission to come up with nothing to implicate Chaponda. The President may be he whats to rise money for 2019 election through maizegate. A Malawi adzuka no more DPP in 2019. How can Nakhumwa buy an ambulance, bicycles 33, and a car for the police in his costituence costing 33 million. Where did he get the money? Anthuwa ndi akuba onse.

  59. we need to know that the 3 branches of gvt. work indipendently 4m each other,the reason is to provide checks and balances to ensure transparency and accountability thereby checking abuse of power as it is now,then why can one branch undermine the duties of another yet you say you’re democratic. i dont see sense in this lawyer. our parents fought 4 ths democrasy u are abusing. mind you when poor ppo are complaining and u dont consider their complaints the result is downfall no matter what. learn 4m king jeroboam of israel (1kings chapter 12).

    1. KANSICHIYO NGATI PANT WA NKATI WABOWOKA ANAKANGONENA NOT THIS RUBISH AKUNENAYO AYI, PRESIDENTYO NDIMA MINISTER AKEWO INCLUDING ATTONEY GENERAL ANAWALUMBILITSA NDANI? NDI A COURT WOMWEWA AKUWANENA KUTI ALIBE MPHANVUWO, ASATIPUTSITSETU AMENEWA

  60. The laws say its only the President who has the power to suspend Chaponda, Okay fine. This issue is very senstive it can bring down the DPP government. Why is the President not firing Chaponda? Is the President involved in this deal? If Chaponda was had the audacety to meet President Edgar Lungu of Zambia, that means its a Nation to Nation deal. President Mutharika is involved in this deal thats he has appointed a mediocre commission to come up with nothing to implicate Chaponda. The President may be he whats to rise money for 2019 election through maizegate. A Malawi adzuka no more DPP in 2019. How can Nakhumwa buy an ambulance, bicycles 33, and a car for the police in his costituence costing 33 million. Where did he get the money? Anthuwa ndi akuba onse.

  65. But attorney general has the jurisdiction to defend individuals in corruption cases?Tell us more u know something on stolen maize

  66. What is wrong with Chaponda clinging to the office when too bad stories about his thieving are going viral like that? Does he feel ashamed at all? Please Chaponda u mean u don’t have little advisors? You take Malawi as your briefcase. You don’t bother or mind anybody. Hmm I surrender. Big Bulldozer indeed!

  67. The ruling didn’t say that he’s fired (or removed from his ministerial position) but he should cease working as a cabinet minister till the investigations are over?

  69. Ma expert enawa ndi mbavanso. They lack integrity. In my opinion, the experts are the judges who have seen that Chaponda is parasitic to this nation. Ma Expertswo angofuna atafune nawo cashgate. Umbava uli thoo! Shit! I tell you, with all these scandals, if Chopondacho does not step down, a Malawi okwiya adzamugwira nkhwiko ( pakhosi )

  70. Ma expert enawa ndi mbavanso. They lack integrity. In my opinion, the experts are the judges who have seen that Chaponda is parasitic to this nation. Ma Expertswo angofuna atafune nawo cashgate. Umbava uli thoo! Shit!

  72. us as malawians appoint someone as our president and he as the presid3nt appoints his cabinet all because of us,.we are the ones who are supposed to decide becaise those foolish politicians are in power because of us…people think that once they are more educated than us they can trick us but noooooooooo….chaponda must resign immediately and face the Law….these people abuse their powers and in return we Tax payers suffer the most….May God punish all those that support the DPP regime. and may that law expert go to hell..

  73. I Was Once Told That Law Is Not About What U Think & In My Own Understanding The Court Hasn’t Fired Or Removed The Minister From Office But Rather Restrained Him From Exercising Duties Of The Office Of The Minister Of Agriculture Pending Investigations.Intepretation Of The Law Sometimes Depends On Which Way U Want To Go In This Case The Judge Took It As A Matter Of Public Interest While Others R Lukng At It The Chaponda Way.Equity & Justice

  76. i agree with the law expert, cabinet ministers advice the president hence the president is the appointing authority under section 94 of the Republican constitution.

    3. Though appointed by the president. The take oath under the Malawi constitution…..meaning courts can work also in that office…..no immunity to ministers

  77. the injunction is very clear,that the minister has been suspended.. which means he hasnt been fired,,i see no problem with the ruling made by the court..

  81. We have lots of Professors in law dpartment including in our land including APM but it seems they fail to interprete the constitution! Thats why they fail to make progres regarding sec 65. SHAME!

  83. Phillip Human & Damiano Chipeta, understand this lawyer kansich he says according to Malawi law this cannot happen , there4 come up with sections within the Malawi to challenge him not the way u have said.It may happen that this lawyer sometimes missed the section of which you know.Challange positivelly by refering him to the law .

  84. Section 91 of the constitution provides that the office of the president and cabinet shall not be immune to the orders of the court. Then section 108 confers on the High Court unlimited jurisdiction including power to decide whether it has jurisdiction to hear any matter brought before it. I very much with the lawyer.

  85. No govt today intends to make law abridging the freedom of speech or of the press. Apparently fake news is rampant everywhere Malawi inclusive. In America Jones said Hillary was at the center of a pedophilia ring before the election and the impact was huge yet it was a hoax. In Malawi social media is ablaze with all nonsense and Malawians are in a frenzy decorating speculations. If social media get the platform to judge people and situations, I’m afraid this could be our downfall.

    1. Our downfall its in this politicians..look at poly, health sector, electricity..money is being misallocated and we remain with the belief that the government has no money..this is total hubris..we have to stand that carrying the load individually as if we have no state

    2. Mwayi Mambosasa III, just like most Malawians you are getting everything wrong. In as much as politicians are responsible for shaping the growth of the nation, the citizens are equally responsible. Citizens should not dwell on gossip, should not be dependent on politicians, should work hard and desist handouts and become independent. Above all should should live in unity. Greed, avarice and jealous are the root cause of disintegration of our nation. There is no love, there is rampant backbiting resulting in endless and stupid vilification and pillorying. Malawians have uselessly become dogs daily barking on Facebook and whatsapp and several other social networks tarnishing each other. Total nonsense.

  86. you want to tell me that the constitution doesn’t allow the court to pass judgement on a thief??? bcoz it is automatically shown that Chaponda is the cause and suspect of that so called Maize-gate scandall…I don’t knw how Mr #Katsichi understands the Malawi constitution.. I doubt if he is a lawyer at all…

  87. i agree with this lawyer he is in the right track so Mzuzu high Court Lawyers Shame kwambiri let APM deal with this scandal thas why he himself said im waiting for Commission of inquiry……..

  96. No any Law above citizen,we r the LAW no one above the Citizen so we a want Chaponda stp dwn imediately and when we toke abt gornment we toke abt US malawians citizen and we are the one’s who choose this first government i mean (President) so we wants Chaponda stp dwn and we ask President to stop him wrking as the 1’s who choose him as a President of Citizen of Malawi.Our President!, anthu awa okubawa ndiomwe amatukanitsa utsogoleri.Joyce Banda anapita chifukwa cha anthu ngati awa chonchonso inu Apulesidenti ngati musekelela izi muononga chipani chabwino cha DPP komanso muchoka ndichipani chanu mu 2019.Ife amalawi pano sitifuna kutitengera kundodo ngati maliro anjoka,ngati simumvera ife ngati mzika zoti Chaponda apume tikwiya,tikagwiya muzaona zomwe zizachitike pa VOTI 2019.

  98. Why did you stop BUSHIRI from distributing free maize in Malawi ??..bwenzi vuto la chimanga likadachepa kumeneko koma pano si izi Maizegate yalowa..pompano pompano tizamvaso kuti kwathu ku Malawi yalowanso Beansgate eish …..

  100. That’s what DPP gvm amachita,cholinga khani ichedwe ndima court tikudziwa choona chenicheni,,,amalawi ndife opusa kuposaso khosa,,,,,

  102. Guys koma zokuba sizabwino kaya mphamvu Ali nazo kaya alibe koma thus trying to save the country from these robbers

  103. Mr Chaponda what do you yourself think of this matter? Just wondering. You do have a family… wife, children, friends? Is there anyone of them who might summon the courage to whisper into your ear and say “achimwene, or darling husband, or dad,even if you haven’t stolen this is too much just step aside?” What? All of them want you to stay despite this humiliating furore? Then tiri pa mabvuto

  104. No one above the raw? koma mau awa pankhani iyi sakugwira tchito. zikuonetsa kt chaponda ali ndi chisisi chachikulu ku dpp. chifukwa ndikaona mmmm boma pofuna kuteteza mbava pafela anthu osalakwa

  107. Mbava zokhazokha izi sizingagwirizane ndi chigamulochi,, is he competent enough to argue with the wise ruling? Wagwa nayo ameneyu.

  109. The constitution confers on the High Court unlimited jurisdiction including the power to decide whether it has jurisdiction to hear any matter. In my view the High Court did not err.

  112. Ma lawyer a 2 kwacha awa nawo….judge sanati wachotsa chaponda koma apume moyembekezela kuti afufuze bwino

  114. Shame to my country..the law is only for the poor…who steal chickens to die in cells…while the rich criminals walk free…shame to Peter&saulos

  116. Kumangoti ma law expart don’t you know that other lawyers are in custody judged by court are you above the court powers because you are law expatriate koma khoti lalamula basis uchimina ng’ooooiioo ulila

  118. Same school but a lot of arguments. Kodi anthu azamalamulonu/makhothi mumafuna kuti mutiuze chani?
    What do you learn at your so called school of law? Bola masanu coz there is no two way answer.

  119. Constitution and laws they can’t work on its own, but they become strong with us only only when hold our hands together like here.to aust the maize gate smugglers

  120. If there is idea of interfering the investigation, yes the court is right and the law expert is wrong and he is no longer an expert

  121. Kuyipa Kwa Nkhope Kuyipa Ndimtima Omwe…Ayi Ku Adimak Kuli Chimanga Chotsika Mtengo,ukapeza Kandalama Kuti Ukagure Mukuti Chimanga Chatha Week Yatha.Nde Chimanga Munagura Kuzambia Cho Chili Kuti.Amene Muli Ndindalama Ndiochepa Mpamene Ifeyo Kumudzi Kuno,kuti Tipexe Ya 5kg Ndiganyu Wa Masiku Atatu,koma Inuyo,,mmmmmmm.Kodi?

  122. Khoswe akakhala pa nkhate sapheka,koma uyu wina afune asafune apheka basi.Zimenexi akanakhala kti ndi inapange ndi nduna ina say from central or north ataichotsa kale even b4 those romours.Let him step down to pave way for investigations as CEO for Admarc did.

    2. Uyu ndiwophunzira palibe angamukwanitse,ask peter muntharika will tell you boma lomwe ndimafuna kulandalo linali landani.judge anangoti khoti liyime mpaka ndiawa akulamulirawa ndiye angawathe ndani?Alekeni aziba mmene akufunira nanga awopa ndani?

  125. it doesnt matter who has the power to do that, since the idiots who has the power to do so ddnt, someone else had to…

  128. Zandkwana bwanj!!! Kod ndmabadwiranj ku Malawi? Apa bas ndiimira u PS ndaona kt kukusowa expert uziziwa ndkuzsata. Everybody shout @ Andy!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

  129. Musaone ngati mwachenjela, kumeneku ndikupusa kapena mwaona kuti ndi Maizegate koma ikadakhala cashgate kapena malamulo adasintha mdziko lanulo ine ndie ku RSA.

  130. i don’t think the judge just woke up and gave a ruling, he did consult the constitution and he knows his duties. and he hasn’t fired chaponda but rather suspended him to pave way for investigations in a smooth manner. so all appeasers of chaponda whether law experts or what can go and mop the lake

  131. Zimutchukisani ngati president wa statesTrump mukumukweza mutengo tsiku lina azakhala president ndiye muzizada ma Rusians kuti athandiza kubera chisankho.

  132. Shatapu loya loya chani yapa viwnthu vowononga ziko mbava yapezeka muti chanu afiti amaloya inu? Mesa munkati JB ndi pp ndi amacashgate ndepanopa DPP muyibakila kangati anyani amaloya inu ?

  133. Did the court really said that Chaponda should be removed or stop exercising ministerial duties until such a time when the the enquiry submit it’s fundings. Clear me there, and make available the ruling here so that we can read too.

    1. to me I think its stopping him from exercising ministerial duties to pave way for doz carryin de investigations only dat enawa akungofuna kusokoneza anthu

  136. The court did not remove the minister….concerned people did.they applied for that and the court granted their wish because of the premises presented thereof

  138. Which section of the constitution did the court use to suspend the minister and what does that section say? Publish the section so that the public can learn more.

    1. he is a suspect the police can actually arrest him until proven not guilty he doesn’t have to worry if he is clean he wil paid millions if he decides to sue rumor mongers as of now he is asuspected corrupt minister i dont even know the constitution its just my opinion

    3. he has been suspended not removed.. I hope ku Xol munapitako? after all d investigation z will b back in office f h z clean..

  142. The law should never be above justice. The just thing in this case I believe was for Chaponda to make way for uninterrupted investigations to take place. Whether the Judge is right or wrong according to law doesn’t really matter to Malawians who are sick and tired of the reckless corruption and theft under this government. Something needs to be done and since the President is failing to act and do what he promised during his campaigns (fight corruption) the action by the judge is a welcome relief to Malawians. Chaponda can be replaced. What good has he done lately that ordinary Malawians can point at to deserve special treatment?

    1. PLIZ DO REMIND THE PRESIDENT THAT A PROMISE IS A CREDIT HE SAID THAT HE WIL NEVER EVER FAVOUR ANY CORRUPT MINISTER,NOW THE BALL IS IN HIS CORT PPLE ARE WAITING.

  145. Pamwamba poba ndalama zanu mukuti maizegate, Mwawelengako anthu angati amene atisia kamba ka kusowa chakudya ?,,inu nde amuyaya??nzangoyambika timva ndikuona mzambiri zikuchitika BOMA IRI.

  147. So it means the first ruling court doesnt know its duties but that second ruling court which is backing this one of the clear thieves chaponda knows its duty?Hey Malawians where are you taking this country to?Why such divisions intstead of standing together to fight against bribes,corruption and plundering of government properties.Many people in rural areas are going out without food there is hunger and instead of government to come to aid its when they are agreeing to sell maize in neighbouring countries so that can share the money with the president and thatswhy your president is quite on this issue because he knows the truth.

  148. Ritchie Kansichi and all those in support of this unfortunate idea, can go to hell for all i care, mzuzu high court has spoken, we the people have spoken period, chaponda must step aside to pave way for investigations, this time its not about the law, its about what we the citizenry want. We override the law, we are the law, we have spoken!

    2. Aaaw! Someone who’s sensible has said it all. Some of there lawyers are so damn corrupt and that they can interpret laws to shield thieves and corrupt political leaders. Thanks Chipeta.

    4. CORRUPT LAWYERS WHO NEED FAVOUR FROM GOVT DON’T BE SURPRISED SHORTLY WE WIL HEAR THAT KASICHI IS A CLEANER AT ACB OR AT ARTTONEY GENERAL, MXW

    5. Apparently there is no concrete evidence of fraud apart from speculation tendered by rumor mongers calculated to pillory others. If fake news can alter the course of Americans well learned I wonder what social fake media news would do to poorly intellectual Malawians.

  150. Ndingofuna kudziwa,mukufuna kunena kut chaponda sanabe? chomutetezera nkukhala chani? ndmanva kt akat kufufuza ndiye kt its either u are guilty or not, ndie ngat mukudziwa kt sanabe, bwanj osalora kt kauniuni achtke? koma ndmene mukuchtiramu tikuona kt mukufuna kutmata phula kumaso zomwe ndzosatheka pomwe adafka malawi! anthu adapenya wawa!

    1. Kaya waba kaya sanabe palibe akudziwa chifukwa munthuyu ndiwophunzira kwambiri wangotika ndicholembera pena pake,ndiye ma figure sakuoneka bwino ndichifukwa amati papita cholembera sipanama anzathu akudyelera cholembera kkkk

  151. Funny! The hiring and firing power is vested in the President, yes! Has the court fired Chaponda? No! The court has just suspended his services. What’s wrong with that? Griots!

  154. Law expart for what?remembe joe mandu he left the cabinet to allow the police do its job.,,bad minister saddam was betta than u dr ex minister…kukakamira chani

    1. This is not an argument, Joe manduwa did it voluntarily was not removed by the court. Please come up with something to counteract what the Law Expert has said.

  155. Koma mdziko muno mwakhala nduna zaboma kuyambira kalekale koma sindinamvepo president akuyikira kumbuyo munthu yemwe akufufdzidwa nkhani yosagwiritsa bwino ntchito office yake. Chilungamo chidziwika bwanji pomwe munthuyo akadagwirabe ntchito? Apa chilungamo palibe. Apa zikuwonetseara kuti Chaponda ali ndi mphamvu zoposa wina aliyense m’boma. Sidzimenezi sizowona ngakhale pan’gono. Atule pansi udindo ngati amupedza osalakwa amubwedzeredzanso.

  156. Is it not the same court that swear in the head of state and cabinet? So should they not have a say on how they perform their duties. If it’s presumed a crime was committed should they not intervene . Just wondering, is it immunity @ work

  160. Kma ma law expert enawa mmmm they shd nt cheat us chaponda is involved in the maize scandal as a result he should resign so that the investigations should be done smoothly

  161. Amene wadya nawo samasowa, amaikira kumbuyo china chilichonse, koma apa zilephereka. Mapeto ake kwatsala tchire moto ndikomwe umapita.

  163. Kma ma law expert enawa mmmm they shd nt cheat us chaponda is involved in the maize scandal as a result he should resign so that the investigations should be done smoothly

  164. i think the court want to meet peoples need bcz the president seemed to be afraid of him now the court is showing to malawians what is to mr chaponda maize theift

  166. Iam not a lawyer but the court has no mandate to suspend the minister…the powers to do so are vested in the president….who has the powers to hire or fire a cabinet minister….the constitution is very clear on this and doesnt require any special interpretation by legal experts.in a democratic society there has to be separation of powers….the legislative,executive,and judiciary…..the court has raped the supreme law of the land here.am not backing the cabinet minister but we must respect the constitution by followingng proper procedures which are in line with the constitution. I acn see politics of tit for tat here and some politicians are behind and fueling this.take it or leave it!!!

    6. The court has jurisdiction over all criminal activities, chaponda sanachosedwe, injuction is stopping him from acting in the capacity of minister, if the minister is accused of criminal activity, the court has the power to do what it has done, sanamuchose anthu, ndichileso chabe

    11. ngati yachitika ndiyekuti ilipo, and we are going to know from this scenario how this is effected!! do we really need to memorise the constitution

    14. In SA the President was ordered to pay back the money by the court n everyone saw that trueth has served n he payed back. In Malawi the court is suspending a corupt minister for good investgation some poor citizens are backing him. now u wonder why other countries are far much better than us. In malawi Even a minister is untouchable.

    16. Do you understand the concept of separation of powers???is the national governing council an arm of the government????let me be schooled here.case ya zumayo siikufanana ndi iyiyi komanso kuno ndi ku Malawi ku RSA!! #factshereplz!!!!

    17. he is high court judge how come he doesn’t know law?so that laymen shud be interpretating law for him if its unfair judgment the supreme court shud quash it not social media and non political solutions and i am sure the acb gave the president the go ahead to appoint the com of inquiry so he can decide based on facts and principles otherwise Wait and

    18. Thats where the word “incompetence” comes in.It doesnt necessarily mean that we laymen cannot reason though we have little knowledge in law.Prof Chisi is a medical doctor but has good ideas that can help Malawi eevamp her economy.The judge’s decision is politically motivated.

    19. The court has not suspended chaponda rather stops him from,carrying his duties until investigations are over , injuction can be applied to anybody regardless of position he holds

    22. i hope you know what you have commented and what the court has done. i know you dont know how we people from the village are suffering because of these barks that are not satisfied with their salaries and allowances. it pains me alot when i hear that government have no funds to support health sectors and the closure of universities, many are dying there yet a single person has pocketed alot of drug funds. these selfish politicians needs to be jailed and see the backside of life.

    23. Minister of information quietly parked and go and he is still alive we meet in town no problem he is ok, why cant this guy humbly accept to pave way for investigations to run smoothly, infact he is not above Malawians the best was just to fire him, in Zambia people have been fired due to this very same topic we Malawians are bizzy discussing, tulo tofa nato Malawians

    24. Oris…if my argument is not tangible then where are your facts here….mungotsutsa osabwerets mfundo do zomveka apa. ..convince me please # hermie….which minister are you talking abt…zikufanana?????

    25. Burton i dont know your tribe but my advice to you dont waist your time with this tumbukas,they well educated but savages are very greedy in everything.thatswhy my wamuyaya kamuzu banda chased them from our region ndiye palibe chachilendo apa.monga ine chewa ndidikira inquiry kuti yapeza zotani ngati apezeke wolakwa apite kuli kasambala basi.

    26. u r not indeed a lawyer coz u knw nothing. the president has powers to hire but also the judiciary has powerz to grant injuctions. president n judiciary has powers on their own without interferance bro!

  168. According to lawyer Ritchie not the court…let him open his on court but d Malawi court has suspended chaponda that’s wat ur page shud have bn telling us

  174. zikuonets kt APM akudzwap kanthu nanga munthu amfufuxa bwnj ari mu ofesi momo??,akhot ndkuona ngt sanalakwtse,

  175. Noone is above the law. The injunction is clear on his suspension and if the injunction have clear reasons, why not?. No matter how you can twist the constitution, you will never escape hell. accept the truth to free the souls of many

  183. So if the same court doesn’t swear in the President and Members of Parliament can they perform their work?Apa Galu akagunda mbuzi ndiye muziti wapenga iphani!

  184. no way….the court are saying the truth n its constitutional……they no way sm1 shud b in position tu hold our tax payers wit d rumours ov him being thief……xo mr chaponda pak n leave d office

Comments are closed.