High Court Judge Charles Mkandawire on Monday erroneously threw out a case by MCP disgruntled district chairmen. All this he did to satisfy the unwritten rules of his friendship with Speaker of Parliament Richard Msowoya who is also MCP vice president.
When the petitioners, the district chairmen, and their lawyers arrived at Lilongwe High Court they found MCP lawyers walking out of the courtroom. The next thing they heard from court clerks was that Judge Mkandawire has thrown out their case because they were late.
“Two things are wrong here. First we arrived at court in time but they told us we were late by three minutes. Secondly, even if we were late by three minutes the learned judge was supposed to wait for proper communication from our lawyers to establish reasons behind the said delay. It is all manufactured to serve interests of some people,” said one of the district chairmen in an interview outside the courtroom.
Judge Mkandawire has thereafter come under scrutiny for his conduct with those who know his background saying he always plays game when it comes to serving Richard Msowoya.
“It is not surprising at all. Mkandawire and Msowoya are the best of buddies from long ago. They once lived in one house in Botswana and have grown to become inseparable, ” said one source who have known both men for decades now.
The source goes on to say Msowoya also tried to use his powers to force government to appoint Mkandawire as Clerk of Parliament months ago in what became a tug of war between the Legislature and the Executive.
President Arthur Peter Mutharika might have taken note of Msowoya’s desperation to have Mkandawire appointed. He instead appointed Fiona Kalemba to the post, a move that annoyed the Speaker himself and his party.
The evidence brought by our sources shows that Mkandawire’s decision to throw out the case before hearing the petitioners raises more questions than answers even within the legal fraternity.