Tag Archives: Raphael Kasambala

Obituaries

HRCC mourns Kasambala

MaraviPost

LILONGWE-(MaraviPost)-The board and network members of the Human Rights Consultative Committee (HRCC) along with other civil society organisations and NGOS’ express their great shock and disbelief on the untimely loss of Senior Counsel Ralph
Kasambara.

HRCC joins Malawians in morning Kasambara who died suddenly on June 7, 2024 in the capital Lilongwe.

In condolence statement issued and signed by HRCC chairperson Robert Mkwezalamba says, “As civil society, we mourn a legend who contributed immensely to the growth of the sector through unflinching legal services and advise on approach to national actions and strategies so as to remain within the law”.

“HRCC reminisce the 2011 National demonstrations which were the first of its kind where nationals under the tutelage of CSo’s came out in large numbers to fight impunity, poor governance and economic hardships where we sadly lost over 15 nationals due to heavy handedness of the police”, reads the condolence statement in part.

It adds, “Late Ralph kasambara and team made themselves available during this time to offer pro borno services to civils society leaders including facilitating the sending of some CSO leaders into hiding in foreign nations.

“Together with Counsel Wapona Kitta they were among the team that facilitated the removal of an injunction against the demonstrations which was secured by the then government agents in the wee hours of 20th July 2011 which facilitated the holding of the demos nationwide”.

Mkwezalamba mourns, “Late Ralph kasambara has contributed greatly to national growth as his inputs are evident in nationa policies and legislation he participated in their formulation.

“HRCC further recalls his central role in numerous law
reforms.while he served as Minister of Justice and Attorney General including his personal efforts to clear a backlog of cases in the AGs offices and invested his energies in engaging litigants for put of court settlements against government thereby saving billions of tax payers money”.

He adds, “Late Kasambala was also a founding member of Civil Liberties Committee, the genesis organisation that founded the bedrock of fight for human rights in this country in 1992. This cannot be left unnoticed as we mourn his passing on.

“As HRCC and entire CSO we remain indebted to his dedication to duty, passion and professional acumen not forgetting his selflessness and humility in engaging everyone regardless of status, He simply was available for everyone who needed his hand, and most often for free”.

HRCC concludes, “The Civil society community will greatly miss this Legal legend and icon! We convey our deepest condolences to the family and relatives! We mourn with you! May his soul rest in Eternal Peace!
Robert Mkwezalamba”.

Kasambara is expected to be buried at his home village in Nkhatabay, Monday, June 10, 2024.

Malawi

Convicted lawyer Raphael Kasambara returns to court December 9

Maneno Chimulala
Raphael Kasambara
Raphael Kasambara

BLANTYRE-(MaraviPost)– Former justice minister and Attorney General Raphael Kasambara who escaped from prison through Supreme Court bail in 2018 after being sentenced to 13-year jail term, for conspiracy to murder a civil servant, will be back in court end of this year.

Kasambara was found guilty by Judge Michael Mtambo of conspiracy to commit murder together with two others, former former Malawi Defence Force Soldier MacDonald Kumwembe and businessman Pika Manondo who were convicted of attempted murder of former Budget Director Paul Mphwiyo.

Malawi Supreme Court of Appeal judge Dunstan Mwaungulu, sitting as a single Supreme Court Judge, released Kasambara in March 2018, as he was pending appeal on his conviction.

But reports reaching Maravi Post indicate that the case will return to the Supreme Court of Appeal on December 9.

Kasambara’s Lawyer Lusungu Gondwe confirmed being served with the notice saying the matter is set before a panel of seven Justices of Appeal.

“This is purely for the appeal against the conviction of Mr Kasambara [and others]. We have not heard anything on the request which the DPP [Director of Public Prosecutions Mary Kachale] made at the time of Mr Kasambara’s release. My presumption is perhaps that she abandoned that route,” he said as quoted in the print media.

Michael Goba Chipeta who is representing Manondo and Kumwembe also confirmed having been served with the notice.

“We will argue the appeal on the set date,” he said.

High Court Judge Michael Mtambo convicted the three and sentenced Kasambara to 13 years, while Manondo and Kumwembe were sentenced to 15 years imprisonment with hard labour.

The three appealed against their conviction and applied for bail pending the conclusion of the appeal case in the Supreme Court of Appeal.

On March 14 2018, Supreme Court of Appeal Justice Dunstain Mwaungulu released Kasambara on bail but could not release Manondo and Kumwembe on bail.

Immediately after the ruling, Kachale asked the court to pend its decision to free Kasambara on bail but the court asked her to make a formal application.

The shooting of Mphwiyo in 2013 opened a can of reports of massive plunder of government money at Capital Hill dubbed Cashgate.

The day Mphwiyo was shot outside the gate of his Area 43 residence in Lilongwe, Kasambara was meeting former South African president Thabo Mbeki.

However, Judge Mtambo relied much on circumstantial evidence in his ruling delivery.

“The remaining evidence, although mostly circumstantial, is strong enough to convict. With regard to Kumwembe, the description of him as being a tall and slim young man, corroborated by other prosecution and defence evidence discussed in this judgment, places him on the scene of the crime at the material time,” read part of the judgment.

Kasambara maintained his innocence claiming his conviction was as a result of “miscarriage of justice” pointing out that the trial judge Mtambo was “compromised.”