* As they join calls for immediate and thorough investigations on the allegations of widespread corruption in the legal profession and the Judiciary
“The legal profession is built on honour and integrity. Members of the public repose a lot of faith and trust in legal practitioners to represent them professionally, fearlessly but fairly
* Every lawyer has a duty to uphold the Code of Ethics and promote respect for the law
By Duncan Mlanjira
As the country eagerly looks forward to the conclusion of the corruption allegations that private practice lawyer Alexious Kamangila laid bare to the public, private law firm, DNC Chambers, has joined in emphasising that “the legal profession is built on honour and integrity [and] members of the public repose a lot of faith and trust in legal practitioners to represent them professionally, fearlessly but fairly”.
Signed by Counsel Davis Njobvu, DNC Chambers says — as a law firm committed to training legal professionals, representing clients in both commercial work and litigation matters — they join the calls that have been made by Malawi Law Society, various organisations and individuals in the country, including Counsel Alexious Kamangila, “for immediate and thorough investigations on the allegations of widespread corruption in the legal profession and the judiciary in Malawi”.
“The legal profession is built on honour and integrity,” says the statement. “Members of the public repose a lot of faith and trust in legal practitioners to represent them professionally, fearlessly but fairly.
“Every lawyer has a duty to uphold the Code of Ethics and promote respect for the law. Similarly, the Judiciary plays a crucial role in resolving disputes in litigation as an independent, balanced, objective and fair arbiter.
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“Allegations of collusion between legal practitioners and judges to pre-determine the outcome of matters are very disturbing as they pose a serious threat to the legal profession and erode public confidence in the justice system.
“The disputes which are brought before the Courts concern various spheres of people’s real lives and affect different types of persons ranging from vulnerable women, children and minority groups as well as business individuals and companies that work so hard to sustain their businesses decently.
“Where disputes have been decided unfairly there is untold misery on innocent parties. We, therefore, do not hesitate to add our voices to call upon the relevant authorities mandated to handle the allegations of corruption and misconduct including the Anti-Corruption Bureau, the Judicial Service Commission and the Office of the Chief Justice of Malawi, to seriously look into the same and to decisively and meaningfully resolve them.
“However, when dealing with these allegations, we would urge that due process should be followed. We believe that it is the desire of every Malawian that our legal profession and the Judiciary should handle and/or dispose of all legal disputes ethically and that legal practitioners and judicial officers should carry themselves with nobility and integrity at all times.
Kamangila stirred a hornets’ nest when he publicly made serious allegations implicating Justice Kenan Manda and other judicial officers of corruption, to which Justice Manda demanded an apology and K250 million as compensation for defamation.
But Kamangila defied an injunction granted by Judge Simeon Mdeza prohibiting him from publishing any statements that may be deemed damaging to the Justice Manda’s reputation by challenging that Manda could go ahead and sue.
Alexious Kamangila
As the case ignited hot public debate with many suggesting that Justice Manda action undermines the fundamental right to free speech and aimed at silencing dissent and discourage legitimate criticism of the judiciary the furore attracted public scrutiny, Malawi Law Society (MLS) intervened.
MLS indicated that, among other issues, it has participated in and provided its insights to the relevant authorities including the Chief Justice Rizine Mzikamanda, SC “on matters concerning the administration of justice generally and concerning Honourable Justice Kenan Manda in particular”.
“The Society’s latest position concerning allegations of misconduct by the Honourable Justice Kenan Manda is contained in a confidential memo dated 30th April 2024 which the Honourable the Chief Justice duly acknowledged on 7th May 2024,” said MLS in a statement.
Justice Kenan Manda
The Society offered several recommendations concerning the alleged (mis)conduct of Justice Manda and any other judicial officers that were raised in the public domain — and any other such issues pending before the Chief Justice or any Committees of the Judiciary — “ought to and must be inquired into and decision(s) thereon made public by the Judicial Service Commission in exercise of its powers under section 118 as read with section 12 of the Constitution”.
The Judicial Service Commission was also demanded of to “act on the matters openly to the public and quickly enough in light of the public interest thereon and the judicial proceedings partly touching on the subject matter already now pending before the High Court in Civil Cause No. 141 of 2024”.
MLS also said the Court and the parties to Civil Cause No. 141 of 2024 between Justice Kenan T. Manda v. Alexious Kamangila “may wish to consider suspending the judicial proceedings before the Honourable Justice Mdeza pending any necessary inquiry and the resolution of all outstanding alleged misconduct issues by the Judicial Service Commission”.
MLS also emphasized that “any member of the public with any complaint or allegation of misconduct against any legal practitioner must lodge such information with the Malawi Law Society to be dealt with in accordance with the guidelines under Part IX section 87-105 of the Legal Education and Legal Practitioners Act”.
Following this petition, concerned joint civil society organisations added voice to public concern over Kamangila’s allegations while saying “issues of judicial misconduct are not new and have been raised on numerous occasions”.
The CSOs stressed that the wave of public reaction towards Kamangila’s openness to criticise his own profession “underscores the gravity and clarity with which these matters have surfaced”.
“This heightened public response reflects the seriousness of the allegations, which, if left unaddressed, could further erode public trust in the judiciary — an institution that serves as the cornerstone of justice, democracy, and the legal profession.
“Civil society has consistently emphasised the need for judicial reforms to safeguard accountability, transparency, and public confidence in the judiciary.
“We align with the concerns raised in the Pastoral Letter by the Catholic Bishops of the Episcopal Conference of Malawi, dated 24th February 2024, which stressed the importance of upholding integrity within public institutions, including the judiciary.
“We also take note of the Malawi Law Society’s (MLS) statement dated 13th October 2024, which not only highlighted the necessity of strengthening judicial oversight mechanisms but also confirmed that complaints about the conduct of Justice Manda had already been submitted to the Chief Justice.
“This development reinforces the gravity of Mr. Kamangila’s allegations and the necessity for a prompt, decisive response,” said the statement.
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