Chaponda has last laugh as Supreme Court quashes his suspension

Feb 10, 2017 Politics 152
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George Chaponda

Minister of Agriculture, George Chaponda, has been reinstated as the minister after CSOs bid to have him suspended fell flat in the Supreme Court of Appeal in Blantyre.

CSOs moved the Mzuzu High Court to suspend Chaponda over his alleged role in the infamous Maizegate saga. The CSOs argued that for investigations to be fair, Chaponda should be relieved of his duties.

George Chaponda
George Chaponda: reinstated

However when President Peter Mutharika refused to fire his beloved minister whom it is alleged is being groomed to be the next after Mutharika, CSOs petitioned the Courts to suspend Chaponda.

In a landmark ruling, High Court Judge John Chirwa granted the CSOs an injunction restraining Chaponda from acting as a minister. An appeal to have the injunction relieved by the Attorney General at the same Court was unsuccessful.

The matter was brought before Supreme Court Justice, Dunstain Mwaungulu, by the Attorney General so that he could reverse the decision of the High Court.

Delivering his ruling on Friday, 10 February 2017, Mwaungulu agreed with the Attorney General that the High Court erred in its granting of an injunction to the CSOs.

Mwaungulu indicated that the Court overstepped its mandate as the power to hire or fire a minister rests with the President and subsequently the suspension of a minister.

Mwaungulu also indicated that there was no law requiring the suspension of a person if they are under investigation.

Chaponda has therefore been reinstated as the minister.

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152 Comments

  5. Chabwino a court mukuti a Chaponda ndi osalakwa. Nanga a Admarc amawatsogolera ndi ndan? Ndiye tiwuzeni amene anadya ndalama za chimanga….

  6. Pamene nzika zikufa ndi njala, ogwira ntchito sakulipiridwa, anthu akufa ndi ma floods, wakabaza ndi ogulitsa mtedza akudulidwa misonkho yochuluka……mpamene atsogoleri akukangalika kuba. MENE MENE TEKEL ALFANSIN. Linalemba choncho dzanja pakhoma

  7. Ngati pali chipani chomwe ndimaboweka nacho nde ndi DPP, koma malinga ndi nkhani ya Chaponda zikuoneka kuti sadalakwe, ali ndi ma backing points ake, Ngati anabadi nkutheka koma omufufuzawo alephera kupereka ma umboni, Amalawi Tiribe oti imilira.

  12. never know if Malawi Courts have ever been independent…nevr knw if investigators do exist in Malawi…failing to come out wth a solid proof on astraight foward matter like tht…I bear witness that Malawi will nerver proceed..let Malawi be poor

  13. Makape,mbava,mazoba munya muwona tidzutsana mmodzimmodzi

  14. So judges differ in their judgement using the same constitution?, then courts are unreliable. Y should they differ just like that?. It shows that the last judgement to suspend chaponda was deliberate move by judge chirwa just to please the CSOs. With the overturn of earlier rulling by supreme court it is therefore necessaru for Chirwa to apologise to hon Chaponda and the entire nation for error in his judgement to suspend chaponda.

  17. From the Inquiry organised by the President on maizegate: // 6.2. Government must ensure that the strategic grain reserves under the custody of NFRA are always stocked with a minimum of 75,000 metric tons. 6.3. The dealings between the Minister of Agriculture, Hon. Dr George Chaponda M.P., in this procurement process should be further investigated by the ACB as the manner in which Transglobe obtained an export permit from the Ministry of Agriculture of Zambia to supply maize to ADMARC raises suspicion. //

  21. The big criminal in the country is government officials,look what happened to chaponda,if poor Malawian stealing one tin of maize he will end up in jail for three,look this rubbish he is free

  22. This is a choice of Malawian president Joyce Banda who allowed thieves to take over government with stolen votes. Women can not be president in Africa sorry to say.

  25. Ku America Court Lakwanitsa Kutsutsa Zomwe Amafuna Trump Kuti Akhaulitse Asilamu.Kodi Kukanakhala Kuno President Akanatsutsika?Nanga Zikanatha Bwanji?Kwathu Kuno I Think President Is Above Everything Even The Law.Malawi Dziko Lochititsa Manyazi Zoona Ma Judge Mkumakolana Chotere?Wina Kukamba Zake Wina Kumatsutsa?Ndiye Kuti When Judging You Don’t Consult Each Other? Zamanyazi.

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  34. Now you have to ask yourselves why african leaders want to be off ICC. They want to do things in the ways they want without fearing the world simply by appointing judges who can do favours to regimes.

    1. Palibe zowina apa, report mwalimva la Msosa???? Commission of inquiry yokhazikisa yekha pitalayo, nkhani pano ndi ya Acb’2

  41. The dog can’t bite owner thats why foolish Chaponda has recovered his position.Its not true the court said suspetion and the same court say there is no suspetion the second judge has been corrupted sure!

  43. What did you expect when the Supreme Court judges are presidential appointees?
    Of course they couldn’t dare bite the finger that feeds them.Africa must learn to cut some of the presidential powers for democracy to thrive.

    1. Not yet over for Chaponda, mayi Msosa mwamumva???? Akutitu ACB yilowelerepo’2, Hahahahahahahaha wina walumidwa ndi galu wake yemwe

    2. If the same high court has said i dont see any further noise,even acb themself they knew that this is the end of story,they al lawyers.even those goats who took the story to de court thy,re fillng shame.

  47. MULUNGU sipitilosi, sichaponda, ndipo simwaungulu. Or mutaritenga dzikoli ngati La kwa manu koma tsiku limodzi MULUNGU Sakatengele kuti mumakanika kulankhula kaya chinkhope chanu mumaoneka ngati mwadya mandimu koma iye akaweluza molingana ndiimene mwachitila. ubwino wake chimanga chanucho mukudya nokha Dzitsilu za anthu Afiti odya matewela. nde nkumati mukufunsa maganizo aanthu kuti Mutuluke mu bungwe la Icc cholinga musazamangidwe muzikanamiza zidzukulu zanu mwamva?

  52. who ever castigates the judges in authority to rule injustice or justice…… av heard some commenting on judge chirwas rulling av seen some praising mwaungulu……av seen some ululating that chaponda,peter nd kaphale are highly learned lawyers which judges lile jphn chirwa cant compete with…..but two if not three things i need to correct yu all guys as one of the legal consultants is that 1. it dsnt require one to be a highly learned lawyer to have the wisdom to kno the diff btwn truth nd alie……koz being a highly learned lawyer danst addd any value in as far as justice is concerned 2ndly u need to kno that so much as the three experts are law mongers but that dasnt xplain that they can stand in the courtof law nd defend someone(the case of peter nd chaponda)……very lastly u must learn to quote emperor ceceero a famous leaned lawyer of rome who said nd i quote “behind justice derivery there lies a twist of injustice influence by those named tp b offenders”………..aint taking sides bt surely we got a problem with justice in mw

  53. Mudyeretu koma ine ndi akazi anga musatiwerengere za ma vote sunduchiona chifukwa chovotere agalu inu taaaaa koma osayiwala kuti chaka chamawa ndi kampeni kapangani manyi amenewo . Nanuso amalawi paja mumayiwara anthu awa amaononga k2000 pakampeni kupatsa inu amalawi koma amaba ma Biliyoni akalowa m, boma nde ngati zingatheke mokupephani amalawi azanga bola osazapita kokavota tsiku likazakwana please ngati ndakulakwilani mundikhululukire Mulungu akudalitseni amalawi zikomo

  54. I believe judge Chirwa is the judge between two. I don’t know if is the same judge that was in Mangochi in 1990 mwaungulu and his son was mangochi school too was not highly trusted. If its him it doesn’t surprise me. There is alot interferences in case.

  55. In America Trump wanted to cut corners by executing an executive order on muslims but the courts have stood firm in restoring constitutionalism. Those are indeed learned judges eti.

  56. Ndinamumva Chaponda ndi pakamwa pake akuti” nyumba ikamapsa umachita chilichonse, kuthyola chitseko kuti upulumutse, NDE nkumati Malawi amapsa kuti iyeyu akhoza kuthyola lamulo/ndondomeko ya mmene ziyenera kukhalira??? aaaa

  57. If Judge John Chirwa goes back to Chanco today am sure he will be weeded in his First Year. He is a half baked Judge, too young too little to stand against big Lawyers namely Kaphale, Mwaungulu, Chaponda & APM himself.

    4. thats wise big man,idon’t think this so-called chirwa is capable for his job bcoz he is lyk an ODL teacher who teach standard 1 to standard 4

  58. Mukanena kuti president ndi yemwe ali ndi mphamvu ndi lamulo lakuti limenero, mudziwe kuti ndi lamulo longopanga okha andale malamulo omwe amasintha nthawi ndi nthawi nanga ngati ulamuliro uli wa nkhanza nde kuti zizikomera andale okhatu so lamulo limeneli si labwino kupasidwa mphamvu president anayika dala za ndaletu zimenezi zili ngati kuli one party system

  59. Sitigatukuke a Malawi with this type of corruption disease even our judiciary thy are fully corrupted after all who wil be suffer a poor person in village Malawi it’s not a poor country but poor leadership and corruption makes Malawi to be poor and poor Malawi it is not a good place to stay now why can’t you take a very t example from Middle East UAE it it paradise because of our leaders

  61. Inquiry ya pitala inapempha masiku mpaka pa 9 feb kuti amalize kufufuza ndiye chimene apanga ma judge ndikuonesetsa kuti Chaponda asapezeke mu office unless inquiry imalize nchito yake then adzachotse injunction.pano tidikile kuti inquiry yapeza zotani,Chaponda asamwetulire adikile kaye zili kutseli kwaphiri sizikudziwika

  65. Mulungu Athetsa Ulamuliro Opanda Chilungamo Ngat Umeneu.Pamene Adzakanthe Anthu Amenewa. Nadzabweranawo Ugwiro Ndi Chilungamo Pakat Pathu.

  66. Choti Mudziwe Dzikolino Ndilathu,,eniake Ndife,,nzika Eninthaka.,,John Chilembwe Adapeleka Thupi Lake Nsembe Kt Malawi Akhale Pa Ufulu,,.Kamuzu Adalorera Kunzunzika Ndikukhala Mndende Kt Malawi Lero Akhale Mfulu,,enawa Kudalibe,ndikunena Za Bingu,Pitala,ngakhale Ka Chapondako,,ndiye Osatiwonongera Dziko,,

  68. Zimachitika Ku Malawi Ndizauchitsiru,ndipo Sungazimvetse,tilindi Anthu Osakonda Dziko Lawo,anthu Odzikonda,amtima Waufiti,anthu Otengeka Ndizinthu Zaziiii,komabe Tsikulina Anthu Adzalankhula Okha,,atsamunda Adachoka Osafuna Muno Anthu Atakwiya,referendamu Idabwera Ngakhale Kamuzu Sankafuna,osaiwala 20 July,,,ndiye Zinazi Musamale,a

  69. Alhomwe alhomwe……….nophiya, Justice John Chirwa, yours is a noble and respectable job but dont add emotions and hate when excuting judgement, these so called CSOs have nothing to contribute to the development of this nation, they are useless entities, pls dont be partisan and tribalistic.
    Bravo Kaphale, bravo Mwaungulu, teach these amatures how the constitution of this land entails.
    Chaponda more fire, DPP 2019 Boma, boma, boma……..

  70. Chaponda himselft said it was good for him to cut the corners to oppress the poor Malawians. Now The so called Supreme Court have developed their own consititution. i swear Malawian judges were trained to punish only those who steal nkhuku but those who kill the whore country are liberated like chaponda. Muzingoweluza nkhani za mmabanja basi tsopano ife amene watibela kaya ndi m’boma tikangomva “mob justice” basi

  81. It is sad to note that majority of Malawians do not bother to read Constitution. This include people in judiciary. It is a major worry to see people who are supposed to be experts in their profession bring themselves down to join bandwagon of media prosecutors and judges. This must be a lesson if we are to develop as a nation. To respect law and order to bring peace and calm. Justice is founded on model understanding of law. Law as enforcement of code of ethics and business conduct. Respect of others in society, high performance and doing everything in the right way.

  83. It was obvious that John Chirwa did not know boundaries of Judiciary according to Constitution as such he has degraded his integrity. Tima CSO tamupusitsa. What a shame

  85. thre is no justice in malawi only corruption.so sad even the father of dis nation is de master of corruption so tithawireno kt bambo mnyumba ndi amene akuyambisa kuba ndiwo mumphika.2019 u will never c my vote wat u knw is kuwabera anthu osauka istead of helping shame on u dpp goverment.

  86. I have seen justice flowing freely like water in the river……Palibe chimene sichinachitike apa, kungoti anthu timafuna kuti chiweluzo chikhale mmene tikufunila.

  87. Kkkkkkkklk zoona supreme court ndiyomwe ikufunira a malawi zoipa polekelera ndi kupondeleza chilungano koma mwini wake chaponda yo ndi amene akudziwa chowona chochidzamumasule chifukwa supreme law singateteze zonse zomwe amachita mwanseli Ambuye thandizani mtundu wa malawi omwe lero okuzu nzika ndidzina la democracy

    1. The constitution is very clear on the separation of the powers of the three branches of government. Anyone with a head would have told you that the high court’s decision was in direct conflict with the powers of the executive as stipulated in the Malawi constitution.

  90. kwa onse omwe amapanga follow inquiry ya maizegate via Zodiac tv knew kuti zitha chonchi, anthu onse omwe anapanga testfy, no one implicated chaponda

  96. neither can i b too quick to cross fingures on any one here but surely…..truth wuld owez prevail…….nd mind yu even the so called suprem court of appeal might hv errord in its ruling……any way no matter wat the rulling is but de fact is we got de biggest nd feared judge….above supreme court …….to those whoa fond of castigating atumbuka……wat wuld u say now that a tumbuka judge has ruled in favour of govt?……

  99. Mulungu si pitala muntharika yemwe amatha kupanga promote ma judge komanso kusankha nduna,1 day pitala.chaponda komanso judge ameneyo adzakanthidwa ndi mwini wake namalenga.

    1. Wagwa nayo. Kulira kwa anamfedwa kumeneko. Kukanthidwa coz agamula zosakukomerani? Chirwa adzakhala oyamba kukanthidwa coz anagamula zomwe sanapemphedwe ndi odandaula monga kuimitsa udindo Chaponda pomwe mapepala akuti prezident. Judge wanj ameneyu. Simukuona nokha iyai. Tatsegukani mutu inu.

    5. only GOD is the right judge hu knows all the secrets. So dnt say lyk thoz whom u suport are wat u thnk they are, evry person has his beta site and shortfall

    6. Mwaungulu is a gud judje law says only president can fire minister aliyense anamva zimenezi and munamvako za anthu anapita ku zambia ndi ambiritu atabwera akhala pamsi problem amanvera kamlepo,,,kamlepo analimbana ndikamuzu akunamizira seven ministers pano ndiamene alipa patsongolo vuto kamlepo

    7. Omumvera Kamlepo Ndiwamisala Bcz Iye Amayamba Nkhani Cholinga Choti Boma Limpatse Banzi.Adazolowera Kulandira Mabanzi Koma Pitala Wa Dpp Samagawa Mabanzi Kkkkkkkkk.

  100. Who ever watched the hearing on Times TV, unanimously agrees that Hon George Chaponda undeniably deserves immediate reinstation, We saw him practically crush the outrageous accusations with nothing but immense presentation of factual documents, which have substantiated the clarity of his innocence! He’s a very formidable political strategist with astronomical oratory skills! Mulungu akudalitseni Malume Chaponda #DPP2019WOYEEEEEEEEEE!!

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