Mphwiyo Shooting Case: Defense Ready To Finalise Testimony Next Month

The defense in the case of the attempted murder of former budget director Paul Mphwiyo has commited to finish giving defense testimony next month. 

Second accused, Pika Manondo is in his defense and the case has been adhourned to 18th and 19th April 2016 where court expect to hear from four witneses.

Director of Public Prosecution DPP Mary Kachale said State also believes that Defense is ready considering progress made so far.

“We have made significant progress because the defense has committed that the next sitting will be the last sitting on their part.” she said

Defense is expected to call four witnesses and hope to conclude in those two days.

Mphwiyo Shooting: Kasambara Found With Contempt For Threaten To Slap DPP

The High Court in Lilongwe has found with contempt of Court and subsequently censure the third accused Raphael Kasambara for threatening the Director of Public Prosecution (DPP) Mary Kachale that, he would have slapped her if sentiments she made inside the Court were made outside courtroom.

Kasambara: I would slap you

Kasambara answering attempted murder of Paul Mphwiyo was heard in court shouting "I would slap you for that" when the DPP raised an objection as he was cross-examining second accused Pika Manondo about the issue of distance and time it takes one to drive to Mr. Paul Mpwiyo's House.

In her objection, Kachale asked Kasambara to question Pika about distance and time takes one driving from Ufulu gardens to Paul Mpwhiyo residence and not from Kanengo because according to Kachale, Pika had used the route before, when going to Mphwiyo’s house.

This did not sound well with Kasambara who reacted by stating that the DPP was "insinuating" that Pika was present at the shooting and that with her assertions, she has brought no evidence to prove that Pika was present at the scene. He then angrily shouted that he could have slapped her for such remarks because were provocative.

"I find the third accused in contempt of court and I censure, not to repeat this kind of behavior from now onwards" ruled Justice Michael Mtambo immediately both sides had finished making impromptu oral submissions

Before the final ruling was made, Judge observed that this was second time Kasambara has made such remarks of this nature to DPP.

“The other time in Chambers I had asked Mr. Chibwana to sit between you and DPP. And this conduct in the face of court is disrespectful of the presence and the authority of the court. I therefore cite you of Contempt of Court.”

Kachale: I am speechless 

Immediately Kasambara uttered his aggressive words Kachale looked very shocked and she reacted by saying "I am speechless"

She told court that she felt the threat was “beyond bar” and was “stretching beyond the limit of decency." She then asked Judge to call for a break but got reply from Justice Mtambo that he could not allow a break if it is Contempt of court.

But Kasambara told court that he was simply saying if it happened outside the court that she made such remarks he would slap her but he cannot do that in court, then added “I meant you are lucky that you are in court”

Kachale reacted further to say “This is a form of violence and intimidation.” She said Kasambara was trying to intimidate her in the presence of the court and described his conduct as “blatant contempt.”

"This is a gender issue. I feel he would not have done that to male officer of court because they could have met and deal with each other outside” said Kachali who further mentioned that such remarks were also meant to demean her office because it is being headed by a female person.

Chibwana

State Counsel, Mr. Enoch Chibwana, when asked by court to speak on the matter, he said this incident was not first time for Kasambara as he had done it before in the chamber but the repetition of the same seem the accused has failed to learn lesson.

“The third accused is not an ordinary man in court. He is a senior counsel who must show exemplary behavour not only in this court… And allowing this type of behavior to be done at the court of this magnitude it leaves a lot of questions unanswered” he said adding that this was a right platform to provide a appropriate action

However, Kasambara apologized for his conduct and promised never again to allow such a thing to happen even if he is provoked.

“Am sincerely sorry, My Lord, these words did not mean to undermine the authority of the court… it was a vulgar statement made in the heat of the moment… I will try as much as possible even if provoked again”

Mphwiyo Shooting: Accused, Victim Still Friends As Pika Disclose Still In Contact

The attempted murder victim of September, 13, 2013, Mr. Paul Mphwiyo may still in constant contact with his three friends accused of his shooting.

This follows information from the second accused Mr. Pika Manondo during his cross examination with State that Mr. Paul Mphwiyo himself tipped him that State has prepared against him (Paul Mphwiyo) charged with an offense to do with Thuso, a South African Company which supplied equipment to Malawi Defense Force (MDF).

He disclosed this as he was denying presence at the shooting scene when Director of Public Prosecution (DPP), Mary Kachale put to him that he must have been available at the shooting scene as testified by the victim.

When Manondo was replying to the question about his presence at the scene he asked the State why it continues to trust Paul Mphwiyo’s testimony about his presence at the shooting scene yet the same state does not trust the victim as they charged him with two counts which one of it includes lying to Malawi Revenue Authority and the fresh charge involving Thuso.

When the state asked him to inform the court where he heard the information about the new charge Manondo disclosed that it was from Paul Mphwiyo himself.

However, the state denied any new charges being prepared against Paul Mphwiyo  and subsequently withdrew the statement regarding anything said do with the new charge a development which Pika said it was unfortunate for the state to say they don't know anything about this.

State has finished with Cross-examination of Pika and now his fellow two accused, McDonald Kumwembe and Ralphael Kasambara will cross-examining him.

After that it will be the witnesses for Pika Manondo. But the third accused will not testify and there is no indication that he will call witnesses.

If it goes normally, then state and defense will submit whether a case has been made out beyond the reasonable doubt.

Director of Public Prosecution Mary Kachale during cross-examination asked several questions around the call logs.

The state said the constant communications Pika had with fellow accused during the period of Mphwiyo shooting was questionable as this was not the case before the period in question but Pika denied the assertion and said there have been several instances where he was in constant communication with his friends way back and he even challenged the State to produce call logs for more than 9 months and try to analyze their communication.

He also denied his presence at Paul Mphwiyo residence during the shooting by replying “Why would a person hire a gun man and be at the scene?”

He informed court that after getting a phone call of Paul Mphwiyo shooting, he stopped drinking at Chez-Mtemba, and went home to sleep as he was at that time more than tipsy and around 6 am he travelled to Dedza.

But the state put on him that he travelled to Dedza together with McDonald Kumwembe to drop him there after their mission was accomplished.

The call logs indicates that Pika travelled to Dedza from Area 47 in Lilongwe. In Dedza the cell sites of both McDonald Kumwembe and Pika indicates they were both at Dedza market. But Pika was in few minutes traced going back to Lilongwe and showed that he traveled nearly 15 minutes from Chimbiya to Lilongwe and went to the Hospital so see his friend Paul Mphwiyo.

On his speeding, when state asked him if he is a person who speed he responded “depending on circumstances yes”

Pika at several question that were put on him including on his presence at the scene, or if he hired a gun man to shoot Paul Mphwiyo said “There is no evidence” and the state “will not produce any evidence that I was assigned for any job to shoot"

Consult Mzimba Chiefs On Customary Land Bill-Nyalonje

Mzimba North constituency legislature, Agnes Nyalonje has tipped the National Assembly to consider inclusion of Chiefs from Mzimba district in the list of stakeholders that are to appear before four committees tasked to scrutinize Customary Land Bill. 

The bill was referred to Committees on Legal Affairs, Natural Resources, Women’s Caucus, and Agriculture for thorough scrutiny with expertise from stakeholders well versed in customary land issues.

Before the bill was referred to the committees on Friday, Honorable Nyalonje told the National Assembly that most of new areas highlighted in the bill as areas for improvement are not new among Chiefs of Mzimba. 

She said Mzimba chiefs have a robust system of Customary land management which is still practiced now and therefore considering significance of the bill, Chiefs in Mzimba are relevant stakeholders who can give their point of view to enable the new legislation to incorporate the customary systems that are already in practice.

“What stands out is that the way Mzimba Chiefs have managed the land for generations is very different to the way land has been managed in other parts of the country and that their system works.” Noted Nyalonje later in an interview

She emphasized that in the search for a improvement it is good that the consultations should not lose sight of those things that are already working now.

Nyalonje also disclosed that Mzimba Chiefs are also concerned with some provisions in the new bill particularly on huge powers given to Minister. 

She mentioned that the recent meeting Chiefs had with number of stakeholders including Mzimba Heritage Association, MPs and academics, Chiefs said putting so much power into Minister allows fertile ground for corruption and they further expressed their wish of having their input heard before the proposed bill gets implementation.

“Chiefs are saying involve us because for us to feel that we own these pieces of legislations we must feel that they are addressing our challenges. Because the areas where the legislation is seeking to improve may already be there but on the other hand there might be other areas that have been left out that as far as they see should be included in order to strengthen the legislation.” She said 

Police Extends Kabwila, Chakhwantha Treason Bail To April 29

MCP supporters at Area 30 during Kabwira arrest 

Police has extended to April 29th, the bail bond for two legislatures from Malawi Congress Party (MCP), Jessie Kabwila and Peter Chakhwantha.

Two legislatures were arrested in February following a Whatsapp conversation whose conted was deemed as Treasonous.

Despite confirmation from the two suspects of having been charged with treason, Malawi Police Inspector General, Lexten Kachama informed the Nation that the two were never charged of the said offense.

After their release, both Kabwila and Chakhwantha were told to appear to police on 27th February, 2016 at area 30 Police Headquarters. After appearing on that date, Police informed the two to reappear on March 18th but after going again to check their bail which is this Friday, Police have instructed them to reappear again on 29th April 2016.

Speaking in an interview, Chakhwantha confirmed the bail extension to 29th April but said "They didn’t offer much details and it was too little that we could actually appreciate as to what is going on apart from to extend our bail to 29th April.”

But he did indicate that they have been told that they are free to travel and have confirmed them “as free as before.”

Chakhwantha therefore said this extension dispel claims by Police IG that they were never charged with treason

“They arrested us and charged us. All the processes that they administer over a suspect when they are about to charge or have charged a person before taken to court were administered on us. So we still stand on that conviction that we are under arrest” he said

Kabwila

Honorable Jessie Kabwila also said she is still under arrest up until 29th April 2016 because they are still under bail.

“In other words still as we are walking around we are people who are attempting to overthrow the Government, our names are linked to that.” She said 

She said she has a charge sheet indicating details of her arrest although the Inspector General of Police, Lexten Kachama had recently told the Nation that the two were never charged

She noted that this arrest has negatively impacted her much because, she has been missing some important discussions in the House as she a part from being Salima North-West legislature is also Chairperson for Women Cause in Parliament.

“Just today in Parliament, they were discussing Land Acquision Bill, they were talkig about other issues of land. Ant I think you know very well that land issues for poor people are a problem. In my constituency, the Green Belt Initiative, is an issue that is a big borne of contention because poor people are complaining that they were either poorly compensated or they got nothing at all and this growing season they did not have anywhere to grow. 

So, during this time I could have participated and contributed but I was there going to show my bail and answering a charge of a treason by Whatsapp” she said

She therefore claimed that the whole arrest was a design to keep her off from participating in the very important matters as she is also Malawi Congress Party spokesperson.

Former VP Kachali, Kamlepo, Makowa Mwale Questions Put On Hold Until President Avail In The House

The Malawi former Vice President, Khumbo Kachale, Kamlepo Kalua and Everson Andrew Makowa Mwale have joined opposition leader, Lazarus Chakwera by reserving their questions until President Peter Mutharika finds time to avail himself in the House to answer their questions.

Questions directed to President from both Kachali legislature for Mzimba South-West and Kamlepo for Rumphi East are on status of food situation in the country while question from Makowa Mwale for Nkhotakota-South East is on progress to identify a cash crop that replaces tobacco.

Minister of Agriculture, Allan Chiyembekeza was delegated to answer the questions although they were seeking direct reply from the President in the House.

Before reserving his question on Friday afternoon just before the House moved the motion to adjourn Sine Die, former vice president Khumbo Kachali sought guidance of Speaker of the National Assembly, Richard Msowoya if the President act to delegate Minister was not contravening Standing Order of 2013 (201) "Where the President is required to respond to questions in accordance with the provision of section 89 (3C) of the constitution he or she may not delegate such functions to a member of Cabinet." 

However, Speaker guided Kachali that the cited section of Constitution provision, chapter 89 .3 further indicates that the President shall respond to questions only when he is addressing the House each year before the consideration of the official budget where he report on the future policies of Government and the policies of the previous year.

“That is what in Parliamentary language is termed as State of the National Address. And during that time the President shall not delegate questions." He said, "Under any other provision, whether the House does request the president to come through resolution or would like the president to come at any point to answer a question not related to provision 89 .3, he is allowed to delegate the questions.” Clarified the Speaker

Accepting the ruling by the speaker, Khumbo said "I will reserve my question until when I see the President in this Honorable House. I know he is a busy person but he will find time"

Kalua: President not to Minister 

When time came for Kamlepo Kalua to ask his question, he  stood to say; "My question is to ask the President not a Minister, to explain to the Nation, the President not the Minister, through this House about the food situation in this country. The President, not the Minister." He said, "And I will go with the decision of the other two speakers that it will be a waste of time for me to ask the Minister when I said the President... this question is directed to the President..."

Nkhotakota South East, Everson Andrew Makowa Mwale also opted to chose the decision made by Kachali and Kaua.

“What Nkhotakota-South East was looking for is HE's perspective" he said, "If the Minister replies, there will be some supplementary questions that honorable ministers will be in a position to consult the President to get his perspective on those supplementary questions so I therefore I would like to pend my question until the President avail himself to answer it"

On Wednesday, Leader of Opposition, Lazarus Chakwera also reserved his question to President on the same reason that he would rather wait until such a time the President avail himself in the House to answer the question. 

These reactions prompted Minister of Health Peter Kumpalume to ask Speaker if the House would prefer the President to write response then read in the House by the Minister and if the House feels that the Ministers are too general to answer questions.

Responding to the first question the speaker's said, that will be another form of delegating question.

But the Finance Minister, Goodall Gondwe also stood to express point that it would not dignify the President to come in the House to answer questions because there would be some follow up questions that may just be asked to humiliate the President.

Mutharika Asks Huawei Mobile To Bring Knowledge To Malawi

Mutharika with Mr. Wan Wei

Malawi President Professor Peter Mutharika yesterday asked one of the largest smart phone companies, Huawei Technologies to start training Malawians to assemble some of its gadgets particularly phones.

Mutharika made the call when he visited Huawei pavilion during the launch of the Buy Malawi Strategy in Lilongwe.

Huawei was one of the sponsors for the event held at Bingu International Conference Centre.

When he visited the pavilion Mutharika asked Mr. Wan Wei, Managing Director for the company in Malawi ‘’You assemble them here?’’ then he asked ‘’I encourage you to train local people to bring the knowledge and technology in order to create jobs and exports’’

This is pictorial focus of the Launch of Buy Malawi Strategy

Mutharika lift Buy Malawi Strategy booklet

Honara dance 

Mutharika visits Fadet pavilion 

Mutharika interacting with Ministry of Industry and Trade
officials  

Mutharika speaking to Mtalimanja Holdings Limited

Vimbuza dance