Tag Archives: Justice Lovemore Chikopa

corruption, Malawi

DPP’s Brown Mpinganjira implicated in judge shopping case

Maneno Chimulala
Brown James Mpinganjira: named in judge shopping case

BLANTYRE-(MaraviPost)—The former ruling Democratic Progressive Party (DPP) spokesman, Brown Mpinganjira, has been implicated in the judge shopping case in which business mogul Thomson Mpinganjira is accused of bribing a panel of five judges that heard the historical presidential election case.

Justice Mike Tembo, one of the judges who heard the election case,  has told the court that through his interaction with Thomson Mpinganjira, there was a project hatched in the top hierarchy of DPP through some lawyers to bribe the Constitutional Court judges.

Tembo said the top banker Mpinganjira wanted to know whether the money, in excess of K100 million, was reaching the judges.

He told the court that, according to Mpinganjira, money was being sent through Justice Lovemore Chikopa.

He said the former Group Chief Executive officer for FDH Holdings told him that at one time Justice Healey Potani had dropped Justice Chikopa at his cousin, Brown Mpinganjira.

Tembo said according to Mpinganjira, three judges on the Con-Court panel received money from the DPP.

However, Tembo said he had no evidence that the said judges had indeed received the money.

According to Tembo, through his interaction with the Business tycoon, the money was getting to the judges through Brown Mpinganjira to Justice Chikopa.

The state paraded first witness Tembo, who gave text WhatsApp conversations and played one audio conversation between Mpinganjira and himself.

.Tembo is in court today to testify of three counts namely: offering advantage in form of unspecified amount of money to public officers in advantage of presidential election case respondent- Malawi Electoral Commission (MEC) and Arthur Peter Mutharika; attempting to induce public officers into corrupt practices; and attempting to induce a public officer to abuse office.

Tembo is recounting how Mpinganjira tried to meet him through text messages, which have been made available in court.

The proposed meetings included Sunnyside SDA church where the two are members.

“I decided to avoid the church and other public places just to avoid meeting the accused,” Tembo told the court.

High Court Judge Dorothy DeGabrielle has adjourned the case to afternoon.

Law and order

Khatho gets Supreme Court stay order against MLS on water project

Maravi Post Reporter

BLANTYRE-(MaraviPost)- Justice Lovemore Chikopa of the Malawi Supreme Court of Appeals, on Thursday granted a stay order to Khato Civils (Pvt) Limited, pending an appeal against Malawi Law Society (MLS).

The Supreme Court determination quashes the injunction which High Court registry in Zomba granted last week, thereby stopping all groundwork activities for government’s $500 million (MK400 billion) Salima-Lilongwe water project.

MLS obtained an injunction last Friday, but Justice Chikopa, sitting as a single judge on the bench of the Malawi Supreme Court of Appeals, granted Khatho, which was contracted by the Lilongwe Water Board (LWB) for the multi-billion kwacha project, a stay order.

Chikopa in his determination, declared that the interlocutory injunction the High Court granted to the Law Society, has been put aside.

The Judge said MLS and Khatho should attend the Supreme Court sitting ?on October 4 2017? “for a hearing on whether or not to sustain the stay hereby granted.”

The ruling means Khatho can return to its activities it was already undertaking until a determination of the matter is made.

Lawyer representing MLS, Michael Goba Chipeta, argues that the water project contravenes the Environmental Management Act as some procedures were not followed.

But Khatho Civils through its lawyer Frank Mbeta, argues earlier that MLS still had administrative remedies to address its concerns, adding the facts relied upon when the lawyers’ body filed its application for the judicial review, were incorrect and misleading.

Khatho’s lawyers also observed that the MLS based its case on the wrong assumption that Khatho Civils were oblivious of the contents of the Environmental Management Act, and had intended not to comply with the legal requirements or unmindful of compliance of the same.

Politics

Malawi Supreme Court Orders LL South East Poll Rerun  

Maravi Post correspondent

 

Namasasu (L) and Msungama (R)

BLANTYRE-(MaraviPost)–Malawi Supreme Court, the final court of appeal, on Monday ordered a rerun of elections in Lilongwe City South East constituency following allegations of fraud.

The ruling means incumbent MP Bentry Namasasu of the ruling Democratic Progressive Party (DPP) will face Ulemu Msungama of the main opposition Malawi Congress Party who challenged results of the 2014 polls.

Msungama challenged in the High Court the results of the May 20 2014 Tripartite Elections parliamentary race in the constituency on the basis that his votes were counted as the DPP candidate’s.

The court had earlier ordered a recount but it did not take place because fire gutted a Malawi Electoral Commission warehouse in Lilongwe where ballot papers had been kept.

In October 2014 High Court judge Esme Chombo ordered the electoral body to conduct fresh parliamentary elections in the constituency.

But DPP’s Namasasu appealed to the Supreme Court.

 

In their determination, a panel of three judges; Justice Edward Twea, Justice Lovemore Chikopa and Justice Anthony  Kamanga upheld the High Court’s decision  that there should be a rerun.

They also faulted MEC for the fraudulent election results.

The judges also ordered Namasasu of DPP to pay costs of the court battle.

According to the ruling, the Malawi Electoral Commission will have to set a date for the rerun.

Speaking on ZBS Tuesday morning, Msungama said he was excited with the ruling, saying justice has prevailed.

“The court’s decision will give people in the constituency to choose a leader of their choice,” said Msungama.

The ruling is likely to be held as a milestone in Malawi’s politics as most election related cases do not far in the courts.

The Central Region where Lilongwe, the capital of Malawi is located, is considered a powerbase of the Malawi Congress Party.