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

[KPD]

Good judge.

The case was brought to you on appeal by Peter Mutharika against MRA
(State) decision to impound 128 vehicles pending payment of duty.

The lower court, I believe had ruled in MRA's favour. Peter brought the
case to you on appeal.

It didn't originate in your court. I followed it at the time.

On Sun, 6 Feb 2022, 07:34 Dunstain Mwaungulu, <dfmwaungulu at googlemail.com>
wrote:

> 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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