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MLS faced challenges to discipline lawyers

The Malawi Law Society (MLS) has disclosed that it faced challenges to discipline some of its members after complaints were raised against them.

At a recent annual general meeting (AGM) the society had in Mangochi [from February 23 to 24], the outgoing MLS president Khumbo Soko, who did not seek re-election after one term, confessed about the dilemma to MLS membership at the AGM.

Former MLS president: Soko

He said the outgoing executive team found a deadlock in disciplinary proceedings following the disciplinary committee’s refusal to sit and hear disciplinary matters because the society had not published in the local papers a notice containing recommendations that the committee had made to the Attorney General (AG) against some legal practitioners.

“We decided to publish the notice in May 2017 in two local newspapers principally because of two reasons:- (a) The disciplinary committee has got powers under the law regulating their affairs to publish the recommendations (b) executive committee has powers to overrule the decisions of the committee.”

The MLS Disciplinary Committee, according to our findings, is using the Disciplinary Committee Rules, a subsidiary legislation to discipline its members.

Soko said the committee started sitting and hearing complaints.

He said following publication of the names in the newspapers, lawyers Edwin Banda, Lucious Kwakwala and Lusungu Gondwe commenced proceedings respectively and the cases were ongoing.

The naming of lawyers came months into investigations and wrangling on whether to name the lawyers who were previously unidentified but whom the to mean that he committed fraud.

He said it also meant that he conducts his legal occupation fraudulently and improperly, adding that an impression was also created that the disciplinary committee called him to a disciplinary hearing.

“[An impression was also created that] the disciplinary committee found the plaintiff guilty of committing a fraud in the way of his legal profession. [It also meant] the plaintiff is a criminal since fraud is a crime,” reads the statement of claim.

Kwakwala also claims that he was portrayed as a thief who masquerades as a lawyer and is, therefore, a danger to Malawians.

He said the public was in a way being warned not to engage him because they (public) would be duped since he is perceived as a crook and that the Law Society would not be held responsible.

“[It meant I am] a fraudster who cannot be trusted to represent clients in all the courts of Malawi…[that I am] unethical person who is not fit to be a legal practitioner in Malawi and beyond,” it reads.

Kwakwala said along those lines, he was gravely injured in his credit, character reputation and occupation as a legal practitioner and he has been brought into public scandal, ridicule and contempt.

But in the defence filed by Mambulasa, MLS admits that its disciplinary committee, in exercise of its powers under Legal Education and Legal Practitioners Act, Cap 3:04 of the Laws of Malawi (Disciplinary Committee Rules of Procedure, particularly Rule 21), published the notice of its findings and recommendations regarding complaints made against legal practitioners, including Kwakwala.

But MLS denies that the same was defamatory of the complainant, arguing it did not falsely and maliciously publish the statement.

We were unable to see court records for the other two cases, but as MLS puts it, the three have sued on grounds that the MLS’s notice defamed them.

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