A complainant, Shenaz Bhagwanji, has made a formal request to the Judicial Service Commission (JSC) to relieve Magistrate Diana Mangwana of her duties, citing allegations of corruption and impropriety in the handling of her case.
At the heart of the matter is a 9-year-old case involving Bhagwanji and Ricardo Almeida, which has been marred by allegations of bribery and judicial interference. Despite an ongoing investigation into Mangwana’s conduct, she continues to preside over the case, sparking concerns about her impartiality.
Bhagwanji’s latest complaints center around Mangwana’s refusal to recuse herself from the case, despite clear conflicts of interest.
The High Court has since intervened, ordering Mangwana to step down and assigning the case to the Chief Resident Magistrate (CRM). However, Almeida’s lawyer has indicated plans to appeal this ruling, further delaying justice.
“On the 29th November, as soon as the High Court ordered my case to be heard by the CRM, Ricardo Almeida ran to Magistrate Mangwana on the same day, to collect my daughters’ passports which are supposed to be in the custody of the Court. This is further proof that this Magistrate is corrupt,” said Bhangwanji.
She further claimed the pattern established is that when the High Court agrees with her, Almeida goes to the Deputy Chief Justice Chikopa to get an ex-parte stay order which she said is always granted with extreme urgency, sometimes within 48 hours without the Court providing her an opportunity to be heard.
“Worship Mangwana should not be handling my case at all but the Judicial service Commission is still letting her be in a position to continue to act corruptly and standing firmly to deny me and my child Justice,” stated Bhagwanji. “My request is that in accordance with rules of natural justice she should be stopped from handling all cases and if not all, at least my case to stop this corruption in the Child Justice Court.”
The situation has raised questions about the integrity of Malawi’s judicial system and the ability of the Judicial Service Commission to regulate the conduct of its officers. Bhagwanji’s plea to have Mangwana removed from the case, and potentially from all cases, has sparked a wider debate about judicial accountability and the need for urgent reforms.
For instance, lawyer Alexious Kamangila expressed outrage and concern over the Judicial Service Commission’s handling of Magistrate Diana Mangwana’s case. “Judicial Service Commission says it is investigating Ms. D Mangwana but she is being allowed to report at her work place. Wasn’t a leave pending the investigation a MUST and an obvious procedural requirement?” Wondered Kamangila.
As the case continues to unfold, the Judicial Service Commission is under pressure to take decisive action and relieve Mangwana of her duties to restore trust in the system.
