..….LAW SOCIETY REPORT ALLEGES SYSTEMIC IRREGULARITIES IN HIGH COURT COMMERCIAL DIVISION
LILONGWE-(MaraviPost)-The Malawi Law Society (MLS) has released findings of a Special Inquiry into the conduct of court business at the High Court Commercial Division in Lilongwe, raising serious concerns about alleged procedural irregularities and possible bias in several commercial cases.
The report, presented by Gabriel Chembezi to the MLS Executive Committee and the Annual General Meeting in 2023, examined complaints relating to multiple commercial cases handled within the division.
According to the findings, there is evidence suggesting a pattern in which certain litigants and legal practitioners allegedly received preferential treatment in the allocation and handling of cases.
The Committee found what it described as “blatant violations of Rules of Procedure,” including the issuance of enforcement orders such as Seizure and Sale Orders before the expiry of mandatory 14-day compliance periods under the Civil Procedure Rules.
In several cases reviewed, judgments were entered without proper assessment of damages or without full trial processes where factual disputes existed.
The inquiry identified two judicial officers – Justice Kenan Manda and Assistant Registrar Anthony Kapaswiche – as central figures in the handling of the questioned matters.
The Committee further observed that certain enforcement actions were executed with unusual speed, raising suspicion about coordinated conduct involving registry processes and the Sheriff’s office.
Among the cases highlighted were:
- FISD Company Ltd v China State Construction Engineering Corporation
- Standard Bank plc v Mike Msungama Trading (Asaba Car Rentals)
- Blue Deebaj FZCO v Smallholder Farmers Fertilizer Revolving Fund of Malawi (SFFRFM)
- Simama General Dealers Ltd v SFFRFM
The report also referenced the involvement of several senior legal practitioners whose cases allegedly benefited from expedited processing or favourable procedural handling.
In its recommendations, the Committee called for:
- Reporting Justice Manda and Assistant Registrar Kapaswiche to the Judicial Service Commission;
- Reporting implicated sheriff officers;
- Referring certain legal practitioners to the Disciplinary Committee;
- Immediate withdrawal of the named judicial officers from the Commercial Division pending investigations;
- Reopening and reviewing affected cases before impartial judges;
- Development of clearer guidelines on case allocation and issuance of enforcement processes.
However, the Committee clarified that its findings were largely based on complaints submitted and that full access to court files and registry records was not available during the inquiry.
It also noted that there was insufficient material to conclude that Justices of Appeal in the Supreme Court had provided tacit support for the alleged conduct.
The report concludes that further investigations are necessary to establish the full extent of the alleged impropriety and to safeguard the integrity of Malawi’s Commercial Court system.
