Malawi Supreme Court of Appeal has granted Mzuzu-based lawyer, George Jivason Kadzipatike, an injunction stopping Anti-Corruption Bureau (ACB) and Malawi Law Society (MLS) from investigating him before raising disciplinary charges against him.
A few days ago, the High Court of Malawi Commercial Division in Lilongwe recommended Kadzipatike and his client for alleged suspicious action in the disposal of property seized from a defendant, Zhejiang Communications Construction Group.
Kadzipatike was, on behalf of his client McDonald Kamwera of KM Building Contractors, enforcing a seizure order through sheriffs for the judgement sum of about K48 million granted by the court. However, it was alleged that during the exercise, they seized four tippers and a Ford Ranger pick-up valued at over K192 million, four times the judgement sum.
According to the ruling dated May 16 2023 by Judge Charlotte Wezi Mesikano Malonda, lawyer and his client also pressurized the defendant through the sheriffs to pay legal costs of K65 million before the court made an assessment. The court's assessment turned out to be slightly over K23 million, which is K40 million lower than what they were demanding.
The court therefore ordered the claimant and Kadzipatike to pay back K192 603 397.62, being sales of the vehicles and K48 541 831.27, being judgement debt.
The judge also ordered relevant authorities, including Malawi Police Service and the Anti- Corruption Bureau to investigate the conduct of Kadzipatike and Nyirenda.
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The court also ordered the Malawi Law Society to take disciplinary measures against the conduct of their member, Kadzipatike, which it said borders on perjury and dishonesty.
But through a stay order granted on Thursday in Blantyre, the Supreme Court has stopped both MLS and ACB from taking any action against the lawyer.
The Supreme Court order also saved the lawyer and his client McDonald Kamwera of KM Building Contractors from paying K192 million to Zhejiang Communications Construction Group.
Their lawyer, Chancy Gondwe, convinced Justice of Appeal Dingiswayo Madise, sitting as a single Supreme Court judge, to grant the order which in effect puts aside implementation of the judgement delivered by High Court Judge Charlotte Malonda on May 16 2023.
In his order, Madise said upon reading the application for an order filed without notice, he noted the balance of justice tilted in favour of the applicant being an urgent application, as such, he proceeded to grant the stay.
However, both parties to the case are due to be heard within 28 days.
