Malawi Law Society Clarifies Why Lawyer Nankhuni Was Suspended and Penalized - 'No Evidence of Embezzlement.'

30 January 2025

The Malawi Law Society (MLS) has broken its silence on the recent suspension and penalisation of prominent lawyer Counsel Gift Nankhuni, following public outcry and questions over the handling of the case.

In an exclusive interview with Nyasatimes, MLS's Gabriel Chembezi, MLS has clarified that Nankhuni's actions did not amount to criminal conduct or embezzlement but rather a breach of professional ethics, which led to his six-month suspension and an order for him to pay MK477,895,833.33 to affected individuals.

The Case Background

Counsel Nankhuni represented Mr. Saliyeti Kanyamula in a high-profile land dispute case, Civil Cause Number 905 of 2013: Saliyeti Kanyamula vs Attorney General (Regional Commissioner for Lands-Centre). The case involved the repossession of land by the Malawi Government without compensation. Nankhuni successfully argued the case, and the High Court ordered the government to compensate Kanyamula.

However, before the payment was made, Kanyamula informed Nankhuni that 14 other individuals were also affected by the land repossession and should be considered for compensation. Since the case had already been concluded, Nankhuni advised that it was too late to add them as parties but agreed to invite them to share the compensation once it was paid.

When the Attorney General made the payment, Nankhuni only disbursed the funds to Kanyamula and failed to notify or compensate the 14 other individuals. Kanyamula, in turn, did not distribute the funds, leading to a formal complaint against Nankhuni by the affected parties.

The Charges and Findings

The MLS Disciplinary Committee found Nankhuni guilty of professional misconduct, specifically for:

· Failing to honor his agreement to invite the 14 claimants before disbursing the funds.

· Neglecting to ensure fair distribution of the compensation.

Although Nankhuni did not embezzle or misappropriate the funds, his failure to ensure all rightful beneficiaries received their compensation was deemed a serious breach of professional ethics. As a result, the committee:

· Suspended him from practicing law for six months.

· Ordered him to personally pay MK477,895,833.33 to the 14 affected individuals.

Why a Six-Month Suspension?

Many have questioned why Nankhuni was only suspended for six months, given the amount of money involved. The MLS explained that:

· Aside from failing to notify and compensate the 14 individuals, Nankhuni's overall handling of the case remained within professional standards.

· The requirement to personally pay MK477,895,833.33 was considered an additional and significant penalty.

The Disciplinary Committee weighed the severity of the misconduct and determined that while Nankhuni's failure was serious, it did not warrant a harsher suspension or disbarment.

No Criminal Charges

The MLS also addressed why the case was not referred to the Director of Public Prosecutions (DPP) or the police. The Committee ruled that:

· There was no criminal intent since Nankhuni did not steal or embezzle the money.

· The issue was a professional misconduct matter rather than a criminal offense.

Since Nankhuni's failure was procedural rather than fraudulent, it did not meet the threshold for criminal prosecution.

Measures to Prevent Recurrence

In response to the case, the MLS has announced several measures to prevent similar incidents in the future, including:

· Strengthening oversight mechanisms to monitor how lawyers handle client funds.

· Mandating continuing legal education on ethics and financial accountability.

· Issuing clearer guidelines on handling funds in cases with multiple beneficiaries.

· Empowering the Disciplinary Committee to impose stricter penalties for professional misconduct.

· Launching client awareness programs to educate the public on their rights and how to report lawyer misconduct.

Public Reaction

The suspension has sparked mixed reactions, with some arguing that a six-month suspension is too lenient given the large sum involved, while others have commended the MLS for taking decisive action to hold a senior lawyer accountable.

Counsel Nankhuni has yet to publicly comment on the matter. Meanwhile, the affected individuals are now set to receive their compensation following the MLS ruling.

The Malawi Law Society has reaffirmed its commitment to upholding the integrity of the legal profession and ensuring that all lawyers adhere to the highest ethical standards.

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