back to top

Law Society powerless on Kamangila’s perjury conviction

Published on:

Share post:

The Malawi Law Society (MLS) says it is unable to take disciplinary action against lawyer Alexious Kamangila, who was recently found guilty of perjury, unless the High Court issues a formal directive for an inquiry into his conduct.

Kamangila’s conviction stems from a ruling delivered by Justice Dorothy NyaKaunda Kamanga on September 16, 2024, in the case of Republic v Chizizira and Another (Criminal Case No. 104 of 2011). The court found that Kamangila knowingly made false statements in a sworn affidavit filed on July 12, 2022, in support of an application for the release and discharge of his client. His misrepresentations—particularly in paragraphs 9 to 13 of his sworn statement—amounted to perjury, an offense that strikes at the very foundation of the justice system.

In a strongly worded judgment, Justice Kamanga lambasted Kamangila’s actions, describing them as a deliberate attempt to mislead the court and undermine judicial processes.

Kamangila
Counsel Alexious Kamangila

“Counsel Alexious Kamangila engaged in perjury in paragraphs 9 to 13 of the sworn statement in support of the application for release, discharge, and effective remedy that was filed on 12 July 2022, wherein he swore that the defendant is innocent and awaiting judgment—despite being fully aware that the defendant appeared in court on 19 April 2018 for the delivery of judgment.”

The judge further criticized Kamangila’s failure to adhere to proper legal procedures, noting that his actions amounted to professional misconduct.

“Had the legal practitioner followed the appropriate procedures for engaging in the matter, he might have respected the previous legal proceedings and avoided fabricating facts, lying, and ultimately committing perjury.”

MLS awaits High Court directive

Despite the damning findings against Kamangila, MLS Honorary Secretary Gabriel Gift Chembezi clarified that the Law Society cannot initiate disciplinary proceedings on its own unless the High Court invokes its statutory powers under the Legal Practitioners and Legal Education Act.

Chembezi: MLS cannot take an action

“Usually, when a court determines that a lawyer’s conduct warrants investigation, it issues an order directing the Disciplinary Committee to conduct an inquiry. The High Court has this power under Section 90(3) of the Legal Practitioners and Legal Education Act,” said Chembezi.

He further explained that the High Court is also empowered, under Section 89(1) of the same law, to impose sanctions on a lawyer after due inquiry. However, since no such action has been taken by the judiciary in this case, the MLS is unable to act independently.

“If a court does not exercise either of these options under the law, it becomes difficult for the Law Society to act on statements made in passing concerning lawyers who are not direct parties to a case before the court,” Chembezi added.

A legal and ethical crossroads

The judgment against Kamangila places both the judiciary and the legal profession in a difficult position. If the judiciary remains silent on disciplinary action, it risks setting a dangerous precedent—one that could embolden legal practitioners to engage in perjury and other unethical conduct without consequence. Conversely, if the MLS fails to take proactive measures, it could erode public confidence in its ability to regulate legal practitioners and uphold the integrity of the profession.

Should the High Court decide to invoke its disciplinary powers, Kamangila could face formal proceedings, which may result in a reprimand, suspension, or even disbarment—depending on the severity of the misconduct established.

For now, the legal fraternity watches closely, as the case raises critical questions about accountability within Malawi’s justice system and the mechanisms in place to safeguard the profession’s ethical standards.


Discover more from Nthanda Times

Subscribe to get the latest posts sent to your email.

Sosten Mpinganjira
Sosten Mpinganjirahttps://nthandatimes.com
Sosten Mpinganjira is a news reporter with a track record of delivering timely and accurate news stories. With vast experience working with renowned news electronic, press, and online outlets, he has honed his reporting skills and has a deep understanding of the media landscape. He has a knack for delivering breaking news with accuracy and insight. He is dedicated to keeping his readers informed about current events and trends that shape our world.

Related articles

No govt official aided Mphwiyo to escape – police

Malawi Police Service has refuted rumours making rounds in the country implicating senior government officials in the escape of Cashgate suspect Paul Mphwiyo.

DPP veep Gangata disowns intimidation letter to lawyer Kamangila

Democratic Progressive Party (DPP) vice president for the Central Region, Alfred Gangata, has disowned a letter in which he is alleged to be threatening and intimidating human rights activist and private practice lawyer, Alexious Kamangila.

MLS for prompt, timely probe addressing legitimate questions from VP’s plane crash

The Malawi Law Society (MLS) has underscored the need for authorities to pursue the truth and offer to the public a clear, timely and trustworthy sense of direction with objective and dependable answers to the many questions arising from the 10th June 2024 tragedy.

Legal Affairs to probe Judge Manda’s alleged corrupt allegations

The Legal Affairs Committee of Parliament says it has made a resolution to conduct an inquiry into the serious allegations involving High Court Judge Justice Kenan Manda.

Discover more from Nthanda Times

Subscribe now to keep reading and get access to the full archive.

Continue reading