Mphwiyo Shooting Case: Kumwembe Application for Judge Recusal Dismissed

Lilongwe Court 

Justice Michael Mtambo has on Friday, dismissed judge recusal application made by MacDonald Kumwembe, suspected shooter in the attempted murder of Paul Mphwiyo, for lack of merit.

His application has also earned him a four months prison sentence for sarcasm, rudeness and demeaning the judge.

Justice Mtambo has refused to recuse himself from hearing the case for a second time now following application that was made by third accused person Raphael Kasambara which the judge had also dismissed in June. 

Kumwembe applied for the recusal of presiding Judge Mtambo on grounds of bias and that he perceived that the judge has already intended to make a ruling against him.

Kumwembe being handcuffed for contempt 

The application, which has provoked the judge to send him to prison, therein Kumwembe likened Judge Michael Mtambo to a thief by describing him as a “modern day, Robin Hood” (a heroic outlaw in English folklore portrayed as robbing from the rich to give to the poor)

Kumwembe also in his application added a CV which he claims belongs to the judge and that it speaks volume of the possible bias which may result him being found guilty and convicted of the alleged crime he is answering.

But in his ruling, the judge argued that Kumwembe application failed to lay foundation for judge recusal and that the claimed CV does not add any substance to justify the recusal of the Judge.

“Anybody can pick any document from anywhere and say that this is a CV of someone” said Mtambo as he discredits the validity of the alleged CV.

Kumwembe being walked to Maula Prison 

While the Judge wondered as of who served Kumwembe the claimed CV and the motive behind, Justice Mtambo also mentioned that the said CV does not set grounds for judge recusal and it must have been sourced through theft.

“CVs are confidential documents…. and you can’t just get someone CV. That is stealing“ he then added that such actions may pressure other judges to recuse themselves in fear that if they take up the case someone will dig up something from them.

Meanwhile the case has been adjourned for 24th to 26th of September 2015. The court is in the next sitting expected to continue with pending state application for the bail revocation of McDonald Kumwembe.

The Judge has also asked the court to submit on whether the court can of its own motion review the bail status of the third accused person Raphael Kasambara. This comes after the court observed that that there has been no cooperation from defense after it was learnt that Kasambara has been aiding Kumwembe on several issues including the filing, typing, and printing of judge recusal application and on claims made by Kumwembe of the ownership of the alleged CV for the judge. 

Kumwembe and Pika Manondo were found with case to answer on attempted murder and conspiracy to murder former of former budget director Paul Mphwiyi while Lawyer Raphael Kasambara was found with case to answer on conspiracy to commit murder. 

Cross Examination of Kumwembe’ Application for Judge Recusal

During Friday court sitting, Kumwembe sought for Chichewa translator for the cross examination of his application for the judge recusal a development which led the state to ascertain that Kumwembe had not written the application by himself as the application had been crafted in such a very good English.

Mary Kachale: Kumwembe was used by
Ralph And Arnolds 

The State insisted that Kumwembe was being used by Ralph and Arnold Associates which belongs to Raphael Kasambara for his application for the judge recusal.

Director of Public Prosecution (DPP) Mary Kachale said all documents from Kumwembe were typed and printed by Ralph and Arnolds Associate of which Kumwembe denied.

“All these ideas were not yours and you are just being used by Ralph and Arnolds” claimed Kachale though Kumwembe denied the assertion by stating that he typed and printed the documents at some internet cafes he can’t remember their names and exact location but were in area 4.

When asked more about the CV which he claim to be of Justice Mtambo, Kumwembe said unnamed “well-wisher” just brought it at his home then he went with it to Raphael Kasambara who identified it as Mtambo’s CV because of its signature.

The state also told court that Kumwembe has been following the presiding Judge for a long time to the extent that he knew extra security personnel that were assigned for the Judge. However, Kumwembe denied by stating that he was tipped by unknown police officer whom he met at a pub in Lilongwe. 

Asked to describe who Robin Hood is, Kumwembe said must be a judge somewhere else, an answer which the state further justified that Kumwembe was not the person who wrote the application for judge recusal.

60 Year-old Man Dies In Brutal Clash Over Land Ownership

A 60-year-old man has died in a fierce clash over land in Ntchisi, now Police are reportedly keeping in custody a 40-year-old man on murder. 

However, police in the district also says enquiries are in progress to establish full details of the incident.

According to Sergeant Gladson M’bumpha, Ntchisi Police Public Relations Officer, the deceased has been identified as Kenani Kafikeni aged 60 while the suspect is Rojas Chidambo aged 40.

M’bumpha says the two were in a fierce battle on Thursday morning over ownership of a garden and that each had used a dangerous weapon in the fight. 

“Our preliminary investigation indicates that on Thursday at 9 am the deceased had gone to cultivate in his garden but after sometime he saw the wife of the suspect coming into the garden also to cultivate. 

However the deceased threaten the woman and she backed off.” Sergeant M’bumpha explains

M’bumpha said the threatened woman returned home to inform her husband who got annoyed and he went himself to that garden to meet late Kafikeni.

“They were fighting using a hoe while another had a panga knife. They both sustained multiple cuts and were taken to Ntchisi District Hospital.

However the deceased was pronounced dead on arrival at Ntchisi District Hospital while the suspect got admitted.” Said Sergeant M’bumpha while indicating that the postmortem revealed that death was due to hemorrhagic shock secondary to severe loss of blood

Suspect, Rojas Chidambo and late Kenani Kafikeni both hails from Chawala village of T/A Vusojere in Ntchisi district where the incident also took place.

Mphwiyo Shooting Case: Kumwembe Sent To 4 Months In Prison for Sarcasm Letter

McDonald Kumwembe suspected to be a shooter in Paul Mphwiyo attempted murder case has been sentenced to 4 months imprisonment for contempt of court. 

Presiding judge Michael Mtambo found Kumwembe in contempt of court following his letter which the judge described Kumwembe as being sarcastic, rude and demeaning the judge. 

Kumwembe made an application for Judge recusal for the possibility of bias. But in his letter the judge said Kumwembe had at one point likened the judge to a thief. 

"You are the modern day Robin Hood" said Kumwembe in his appication

A former Malawi Defense Force, Kumwembe who is representing himself in the present case, accepted his offense when the court had asked him if he accepts that his letter was sarcastic. 

He also failed to cite a close which defends him from being sent to prison for six months. He also pleaded for leniency saying this was his first time to offend the court.

The Lilongwe High Court is continuing with hearing on Kumwembe application for judge recusal where the state is accusing Kumwembe of following the judge and that his application was not his but he is being used by Ralph And Arnold's Associate. 

The state is also accusing Kumwembe of bleaching Judge's privacy by distributing judge CV which Kumwembe claims he got it from a well wisher. 

Kumwembe is being accused together with Raphael Kasambara,  and Pika Manondo

More updates on this issue very soon 

Airtel Tisanje Promotion Airtime Bonus Caused Congestion

Airtel Tisanje Draw numbers 

Airtel Malawi says it has stopped giving out airtime bonuses to customers through ongoing ‘Tisanje Promotion’ in a move to prevent network congestion.

The Malawi’s mobile premier, is running Tisanje Promotion where customers are entering the competition once they recharge their phones including sending and receiving Airtel money. But on top of the recharge customers were also getting airtime bonus.

However, customers were surprised since last weekend, receiving text messages from the company announcing “no airtime bonuses in Tisanje Promotion with immediate effect on 1st September 2015”

Masiye Mazaza 

But speaking in an interview, Airtel Malawi defends its decision saying the company wants to maintain quality service and listen to customers.

Airtel Money Marketing Manager Masiye Mazaza, said their call centre was overwhelmed with number of queries on network congestion particularly from customers that are not participating in Tisanje.

“With overwhelming response of over 600 thousand entries in a day, we actually foreseen more of this beyond our expectation and we do not want to have a situation where quality of service is compromised for the customer because of the bonus we are giving.” Said Mazaza

“Other customers that are not participating had raised complaints that these bonuses may be they will congest the network.” He disclosed

He then explained that since the bonuses expires in a day, customers were trying to finish their bonuses even if they do not have an important call, which in the end affected quality of service especially to someone making an important call.

“We do not want to compromise the quality of service which touches on everybody; those that are participating in the promotion and those that are not participating. Each one of them must still have a quality service at the end of the day.” He said

“So, as a listening brand we would want to make sure that we please our customers. We maintain the quality of the service but without changing the entry mechanics for the promotion because for one to enter they simply need to do the recharge and they will still earn the points that we promised.” Said Mazaza

Then Mazaza assured customers that though the company has decided to remove the bonuses for the Tisanje, this will not affect customers from earning their points once they recharge their phones.

“The bonus was just a token of appreciation on top of entry, for a customer to win in this promotion it just takes them to recharge and also to send and to receive money.

Though he mentioned that the company still has capacity to contain the problem even if it arises, but emphasized that it was necessary to listen to customers at the same time preventing possible occurrence.

When Aitel was launching Tisanje Promotion on 31st July 2015, Airtel Money Country Director, Francis Matseketsa assured customers that the company had already looked into issues of network congestion.

Airtel Tisanje Promotion Winner Rescued On School Fees For His Children

One of the weekly winners in Airtel Tisanje Promotion, Langson Chipezeyani says Airtel has assisted him greatly as the prize money has become another source for school fees for his children.

Chipezeyani from Lilongwe in area 24, earns a living as a bricklayer and won K50 thousand prize money from the promotion during last week draw.

Tisanje 3rd Draw 

“I am very happy!” Chipezeyani shared his excitement in interview after being presented with symbolic cheque on Tuesday, during 3rd Draw of the promotion.

“I never expected to be one of the winners in this promotion” he added

But he explained that one of the most important part his win brought into his life is “school fees” for his children and said the money won from the promotion will go a long way.

“Am very happy mainly because, winning this money, Airtel has assisted me to pay school fees for my two children who are at secondary school. 

They are both in private secondary school. Each term am required to pay K15, 000 (Fifteen Thousand Kwacha) for each (translating to K30,000 per each term for his two children)” he said

Not only that, Chipezeyani also said, part of the prize money will be used to assist his parents.

The Mobile company, Airtel, has on Tuesday presented him with a symbolic cheque of K50,000 (Fifty Thousand Kwacha) together with another winner Pilirani Nthanga from Area 49 in Lilongwe.

Masiye Mazaza 

Speaking about the promotion, Masiye Mazaza, Airtel Money Marketing Manager, said the promotion aims at helping to grow Airtel’s bond with its customer base.

He also disclosed that the promotion is registering success following increase in number of people that are participating.

“There is overwhelming response in the number of entries that are coming through in this promotion. In excess of 600 thousand of entries, people recharging their phones using Zachangu, Scratch cards and Airtel money.” Said Mazaza

He added; “There are also entries through Airtel Money; which is sending and receiving money using Airtel Money. This overwhelming response is a manifestation that customers have received the promotion and they would like to win one of the prizes that we are giving out.”

Mazaza, is also mentioned that Tisanje promotion is also attracting new subscribers on the network.

During Tuesday’s draw, 56 customers walked away with K100, 000 each, two from each district. And the mobile company says following Tuesday draw, number of winners pocketing K50 thousand reaches 90.

There is 30 weekly winners of K50 thousand but the ultimate three winners in the promotion will each pocket a whooping K5 million. 

PDC Colors Kaliati’s SADC Gender Award

Nankhumwa presenting gift to Kaliati

The Democratic Progressive Party (DPP) Patriotic Cadets (known as PDC), celebrates with Honorable Patricia Kaliati for her outstanding achievement of winning SADC Gender Protocol Award.

Minister of Gender, Children, Disability and Social Welfare, Patricia Kaliati won an award of excellence for her involvement in the acceleration of gender protocols in the Southern Africa Development Community (SADC) region.

Kaliati posing with other members (left Cecilia
Chazama)

To show their happiness, PDC members organized a special party for hon Kalitati landmark recognition in the SADC region.

The event which took place in Lilongwe on Sunday, included gift presentation to hon Kaliati.

Speaking at the event, Minister of Local Government and Rural Development, Hon. Kondwani Nankhumwa said Kaliati deserve such an award because of her efforts in mainstreaming gender issues in the country.

He said, receiving an award from SADC is a clear testimony of her great achievements

"You haven't achieved this on silver platter, but it also took your listening ear to advices from President Mutharika" added Nankhumwa

Hon Nankhumwa further asked hon. Kaliati to continue working hard in promoting issues of gender.

Speaking earlier, chairperson for the organizing committee for the event, Andrew Chapola also commended hon Patricia Kaliati for her relentless efforts in promotion of gender in the country especially on making sure that women are not looked down in society.

"We are very proud of you!" said Chapola, "you have done us proud and you are a role model" he added

The event brought together PDC members from all regions across the country including, Principle Secretary for the Presidential Initiative on Safe Motherhood, Chimwemwe Chipungu, Deputy Secretary General for DPP, Hon Cecilia Chazama and Special Assistant to President, Dr. Ben Phiri.

Mphwiyo Shooting Case: Kumwembe Names Former President Joyce Banda As Witness

Lilongwe High Court 

McDonald Kumwembe names Joyce Banda and seven other persons as his witnesses for the case of attempted murder and conspiracy to kill former Budget Director Paul Mphwiyo. 

Kumwembe and Pika Manondo were found with case to answer on conspiracy and attempted murder of Paul Mphwiyo, while Former Justice and Constitutional Affairs minister Raphael Kasambara was found with case to answer on conspiracy to commit murder.