[civsoc-mw] Mzomera given 4 years

Sat Oct 17 16:52:26 CAT 2020

TC,

It is our constitution. We all need to know its contents. Some believe or
think that the constitution is only known and seen by the judiciary. Ayi
ndithu. Tonsefe tiyenera kuyidziwa. Tikalakwitsa mudzitiuza.

Of course Section 82 of the constitution deals with remuneration of the
president. The details are in the Act of parliament. I had keenly followed
the case at the time and I read the said Act.

In this particular case it was in reference to what the judge said. He is
the one who said parliament should amend the Act.

The background to this, if you remember, is that I mentioned Norman Chisale
with thousands of tons of cement being ordered using president's duty free
privilege. The said judge, if he presides over the case, will say the
president can order 1million bags of cement because the Act allows him to
do so. The question still remains, can 1 million bags of cement be said to
be for personal use?

On Sat, 17 Oct 2020, 14:05 trevor chimimba, <trevorchimimba at gmail.com>
wrote:

> LN,
>
> You are being overly generous. If the judge followed the principles of
> judicial economy what you say below is actually what should have happened
> in that case. But the judge in question has a tendency in his judgements to
> address matters that are unnecessary to arriving at a decision in the
> matter before him. A decision that is ultra petita (that goes beyond the
> essentials to decide upon a matters) invariably is a bad decision.
>
> KPD
>
> Not everything you say is the constitution is in the constitution.
> Mtchitidwe woti the constitution says this the constitution that musiye.
> Let us give respect to our constitution!
>
> There are provisions about the immunity of the president in the
> constitution, that is all about it. Actually the principles of our
> constitution are opposed to an imperial presidency. The law in question is
> the one that deals with presidential salaries and benefits (the full names
> escapes me). You use the standard of reasonableness to determine what is
> for personal use (ena mumafuna kondomu imodzi pamwezi, pamene our friend
> the Maybach amafuna mulu).
>
> Sent from my iPhone
>
> On Oct 17, 2020, at 4:04 AM, Louis Nthenda <louisnthenda at gmail.com> wrote:
>
> 
> Mzukulu, Ojaji says the matter of the duty free status of the cars was
> never before his Court. The case before him was: WHO had imported the cars.
> Correct answer: Bingu. But Bingu was dead. The ACB, according to Ojaji,
> had wrongly  brought into Court the person who had cleared them on behalf
> of the dead David Phiri or the Executor of his estate. The person happened
> not to be the Executor of the estate. So wrong respondent. No case to
> answer. A technicality. One hopes the ACB will amend their complaint and go
> back to the same Court to obtain justice.
> Imagine if the ACB had brought YOU into court as the owner of the cars.
> You would equally have no case to answer.
>
> On Sat, Oct 17, 2020 at 3:53 PM Keyboard Boyd Kilembey <kkilembe at gmail.com>
> wrote:
>
>> I can understand why MRA did that. They feared for their jobs. But I
>> can't understand why the courts reached the conclusion that 200 cars can be
>> bought for personal use
>>
>> On Fri, 16 Oct 2020, 20:55 Stanley Nazombe, <stanley.nazombe at verizon.net>
>> wrote:
>>
>>> Oh yeah! The French adage ' Qui vole un oeuf vole un boeuf'  -Who steals
>>> an egg steaks a cow. ....Seriously, how in the world would customs buy that
>>> crap of so many cars for personal use? Si chachiwisi ichi?
>>>
>>>
>>> -----Original Message-----
>>> From: Keyboard Boyd Kilembey <kkilembe at gmail.com>
>>> To: Stanley Nazombe <stanley.nazombe at verizon.net>
>>> Cc: civsoc-mw at sdnp.org.mw; trevor chimimba <trevorchimimba at gmail.com>;
>>> nkhuche at yahoo.co.uk <nkhuche at yahoo.co.uk>; yoni.mc7 at gmail.com <
>>> yoni.mc7 at gmail.com>; pialikoya at gmail.com <pialikoya at gmail.com>;
>>> petechisa at yahoo.co.uk <petechisa at yahoo.co.uk>; jayphiri at gmail.com <
>>> jayphiri at gmail.com>; lwanda2000 at yahoo.co.uk <lwanda2000 at yahoo.co.uk>;
>>> louisnthenda at gmail.com <louisnthenda at gmail.com>;
>>> kangombe_jeremiah at yahoo.com <kangombe_jeremiah at yahoo.com>;
>>> hnyaka at gmail.com <hnyaka at gmail.com>; cwakudabii.golomoti at gmail.com <
>>> cwakudabii.golomoti at gmail.com>; fm5511 at gmail.com <fm5511 at gmail.com>;
>>> amuula at medcol.mw <amuula at medcol.mw>; mbchwoyee5 at gmail.com <
>>> mbchwoyee5 at gmail.com>; bamudala06 at gmail.com <bamudala06 at gmail.com>;
>>> shadchirwa at gmail.com <shadchirwa at gmail.com>; zimpopoma at gmail.com <
>>> zimpopoma at gmail.com>
>>> Sent: Fri, Oct 16, 2020 11:53 am
>>> Subject: Re: Mzomera given 4 years
>>>
>>> Spot on but if one can import 200 cars duty free for personal use then
>>> one should be able to import 1m cars duty free using the dame arguments
>>>
>>> On Fri, 16 Oct 2020, 16:21 Stanley Nazombe, <stanley.nazombe at verizon.net>
>>> wrote:
>>>
>>> There are not a million cars on the road in Malawi
>>>
>>>
>>> -----Original Message-----
>>> From: Keyboard Boyd Kilembey <kkilembe at gmail.com>
>>> To: civsoc-mw at sdnp.org.mw; trevor chimimba <trevorchimimba at gmail.com>;
>>> YONA MVULA <nkhuche at yahoo.co.uk>; Marion Chibambo <yoni.mc7 at gmail.com>;
>>> Pia Likoya <pialikoya at gmail.com>; Angoni Chisale <petechisa at yahoo.co.uk>;
>>> James Phiri <jayphiri at gmail.com>; John Lwanda <lwanda2000 at yahoo.co.uk>;
>>> Louis Nthenda <louisnthenda at gmail.com>; Jeremiah Kang'ombe <
>>> kangombe_jeremiah at yahoo.com>; Horace Nyaka <hnyaka at gmail.com>; Charles
>>> Golomoti <cwakudabii.golomoti at gmail.com>; Felix Mnthali <
>>> fm5511 at gmail.com>; Stanley Nazombe <stanley.nazombe at verizon.net>;
>>> Adamson S. Muula <amuula at medcol.mw>; Maybach Woyee <mbchwoyee5 at gmail.com>;
>>> Bamudala <bamudala06 at gmail.com>; Shadreck Kapanga Chirwa <
>>> shadchirwa at gmail.com>; Zimpopoma Sambri <zimpopoma at gmail.com>
>>> Sent: Fri, Oct 16, 2020 9:32 am
>>> Subject: Mzomera given 4 years
>>>
>>> The thief has been given 4  years hard labour. I hear the DPP flag is
>>> flying at half last because one  of their own has gone  to prison
>>> .personally I think the sentence   was too little... He should have bern
>>> given 20 years. Since multiparty I think the judiciary has  not stepped up
>>> to the game. No wonder it is legal to import 1m cars for personal use.
>>>
>>> On Thu, 15 Oct 2020, 16:38 KPD, <maluwakpd at gmail.com> wrote:
>>>
>>> 🌹 To all women in and outside Malawi. A very happy mother's day to you
>>> all.🌹🥂🍾
>>>
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