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

[Dunstain Mwaungulu]

Go and read the judgment. There was no appeal from anywhere. It was a
judicial review. So I never decided any of the things you state. You were
probably following commentaries. You never read the judgment. It is online
and you can check what I decided.

On Sun, 6 Feb 2022, 05:43 KPD, <maluwakpd at gmail.com> wrote:

> 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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