Chief Justice Rizine Mzikamanda on Friday adjourned to June 3 2022 hearing of a petition by Attorney General (AG) Thabo Chakaka-Nyirenda to disbar three private practice lawyers for alleged misconduct.
The three, Nicely Msowoya, Richard Katsiche and Julius Nyambo, are among 12 private practice lawyers alleged to have embezzled about K128 million from clients and are expected to be struck off from the legal practitioners’ list.
When the matter came up before the Chief Justice in open court on Friday in Blantyre, chief State advocate Clement Maulidi asked for adjournment due to the AG’s absence, who was reportedly in Mzuzu attending to other matters.
Maulidi told the Chief Justice that all matters relating to hearing of the petitions will be handled by the AG, as such, an adjournment would serve a better purpose.
John Suzi Banda, who is represented Nyambo, did not object to the adjournment but told the court that the High Court of Malawi granted his client a stay order.
He said the order further pertained to the outcome of Malawi Law Society (MLS) Independent Disciplinary Committee determination that recommended his client’s disbarment.
The Chief Justice then gave directions that the matter should go for an inter partes hearing and that all matters will be handled on June 3 2022 when the AG will be present.
On the other hand, Msowoya insisted that he should have his preliminary objections heard despite the AG’s absence.
However, the Chief Justice said that the preliminary objections should be heard on June 3.
Katsiche, however, was not available in court.
On April 28 2022, the Chief Justice disbarred private practice lawyer Maxwell Tembo of Bullen and Associates for not remitting about K7 million to five of his clients.
The AG asked the Chief Justice to disbar Tembo on account of improper conduct, among others, and further asked the court to declare that he should repay the clients with interest at the current prevailing commercial rate.
In April this year, an independent MLS disciplinary committee report indicated that between March 2021 and February 2022, the lawyers’ body punished 22 lawyers for various offences and that six were recommended for disbarment.
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