[civsoc-mw] 2nd volume of Zondo report on State Capture, SA

Dunstain Mwaungulu dfmwaungulu at googlemail.com
Sun Feb 6 07:33:19 CAT 2022


The case was never as in ever brought by MRA. The case was brought by the
State against MRA through Peter Mutharika. So MRA never claimed anything.
Go and read the case. This was a judicial review. There was no claim of
property or money - not even duty.

It is  not good to lie. And lie in public.

On Sun, 6 Feb 2022, 05:29 KPD, <maluwakpd at gmail.com> wrote:

> MRA brought the case to court claiming customs duty on the 128 cars
> ordered by Bingu.
>
> Your judgement was based on presidential previlidges and benefits that
> "personal use" did prescribe the quantity. I was equally surprised when the
> judgement was not appealed by MRA.
>
> It is one of the judgements that I will never forget and I will remember
> you by. Judges should look at facts and not be influenced by the popular
> rhetoric of "political persecution."
>
> Still on point of judges and prosecutors, when a prominent\rich person is
> given bail, citizenry resign themselves to the belief that there is no
> case. We hardly see prosecutors bringing the case to court for trial.
>
> It's sad but one is tempted to think that prosecutors threaten rich people
> with arrest. Hoping they will pay up. When they don't pay they are
> arrested. Then they pay and prosecutors go to court and give a weak
> argument against granting of bail. When bail is given, the case is
> forgotten. This is just my perception.
>
>
>
>
>
>
>
> On Sun, 6 Feb 2022, 06:48 Dunstain Mwaungulu, <dfmwaungulu at googlemail.com>
> wrote:
>
>> You are better off reading the judgment. I do not think you read it.
>> Because I never decided what you said. So go and check and read the
>> judgment very carefully. I do not have to give you leads. So go and read
>> the judgment.
>>
>> On Sun, 6 Feb 2022, 04:27 KPD, <maluwakpd at gmail.com> wrote:
>>
>>> And judges should look at the bigger picture. Saying that the
>>> law\constitution allowed Bingu to order 128 cars for 'personal' is to abate
>>> corruption and abuse of office. Those cars were ordered for other people
>>> and that is common sense.
>>>
>>> Here we are, Peter Mutharika with 5million duty free bags of cement.
>>> Precedence is there, Judge Mwaungulu ruled that the constitution allows
>>> president to order anything in any numbers duty free. Really?
>>>
>>> In the case of Malawi, some judges are part of the problem. It's
>>> difficult to get rid of corruption if judges give bail under questionable
>>> circumstances.
>>>
>>> Kasambala, convicted and imprisoned was given bail. Now it looks like no
>>> one cares about that case anymore. I should believe Mpinganjira will be the
>>> same.
>>>
>>> Cry my beloved Malawi
>>>
>>> On Sun, 6 Feb 2022, 04:21 Dunstain Mwaungulu, <
>>> dfmwaungulu at googlemail.com> wrote:
>>>
>>>> The politician or the most senior officer must be at the heart of
>>>> consequential transactions.
>>>>
>>>> I remember myself, when I was appointed a Senior Resident Magistrate in
>>>> Lilongwe. One of my weekly duties was to check the accountant cash
>>>> transactions and banking to detect fraud or errors.
>>>>
>>>> When I became Registrar, I never allowed processes to be brought to my
>>>> office for signature. I spent 4 hours in the registry and staff and I
>>>> interacted with lawyers and litigants.
>>>>
>>>> You can imagine how much I prevented.
>>>>
>>>>
>>>> I think all the effort should be directed to the civil servant at the
>>>> end of things. This means at recruitment, training, for retention and
>>>> termination INTEGRITY must be asked for, trained on, reinforced.
>>>>
>>>>
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