Fear of AG compromising on former clients

There is fear that Attorney General Kalekeni Kaphale might compromise on the cases of clients he represented before he was appointed government legal adviser.

While Kaphale has parried away the fears, a legal commentator says that is the price Malawians have to pay for choosing the AG from the private sector.

Before he became AG, Kaphale was representing a number of people in court, one of the notable ones being Victor Sithole, a suspect in the looting of government funds dubbed Cashgate.

Lawyers are told things that might not be known in courts of law and the fear is that Kaphale might pass on the privileged information that might be used to either incriminate or protect his former clients.

Kaphale dismissed the fears in an interview on Monday, saying he is not involved in cases that have to do with his former clients.

“I am making sure that I do not create any conflict of interest by not involving myself in cases of my former clients. Whenever such cases require my involvement anyhow, I refer them to the Solicitor General or Chief State Advocate,” said Kaphale.

He also said that he tells those he has handed over the cases to not to ask for his opinion in order to be free from any suspicion.

Justin Dzonzi of Justice Link said the fear mostly comes in civil cases that require civil litigation and not in criminal ones.

“If, for example, someone in Cashgate case was being represented by the one who has been appointed AG and is acquitted and sues government, the AG will find himself in a position where he has to defend a case against someone he represented. That becomes a problem,” said Dzonzi.

The legal commentator said such problems are compounded by government’s decision to hire people from the private sector for such positions.

“There should be a policy where government should stop hiring lawyers from the private sector for such positions but promote those (lawyers) from within. This is because private lawyers don’t choose clients to represent. I can understand the problem,” he said.

Dzonzi, however, said should it be known that information that was passed to the lawyer by the client is revealed, it will be a breach of contract, hence, a disciplinary issue.

After the Democratic Progressive Party (DPP) came to power, a number of cases were dropped. For instance, the treason case against President Peter Mutharika and ministers Jean Kalirani, Kondwani Nankhumwa, Patricia Kaliati, Goodall Gondwe and Bright Msaka; National Intelligence chief Nicholas Dausi and presidential adviser on national unity and parliamentary affairs, Symon Vuwa Kaunda. Kaphale was one of the lawyers who represented them.

The State also dropped a case against former Clerk of Parliament Matilda Katopola who was answering abuse of office charges.

Katopola was being represented by Samuel Tembenu who is now Minister of Justice and Constitutional Affairs. Former Director of Public Prosecution Bruno Kalemba did not disclose reasons for dropping the case.