The High Court of Malawi Judge Allan Muhone has granted private practicing lawyer Henry Dama Duncan Phoya SC a Judicial Review order on his two-year suspension by the Malawi Law Society (MLS).
However, the court has set October 3 when it will hear his application for an order stopping the implementation of the suspension relating to a K48 million transaction.
According to the Nation Newspaper, Phoya who is former minister of justice, was suspended for failing to pay back a K48 million loan to Ian Chinga, who was a client to private practicing lawyer Wester Peter Kosamu.
Kosamu, who is also the Greenbelt Authority (GBA) Executive Chairperson was suspended for six months from June 1.
However, Phoya argues that the money he got from Changa was a private loan agreement and has got nothing to do with his duties as a legal practitioner.
“The defendant should have advised Mr. Changa to commence an action in a civil court to recover the money,” he argued in an application dated September 13.
Phoya and Kosamu were charged with conduct bringing the profession of the law into disrepute, failure to respond conduct incompatible with the best interests of the profession and the justice system contrary to Chapter 5 rules 1 and 3 and Chapter 15 rule 2 of MLS Code of Ethics respectively
“Take further notice that under Section 98 of the Act, a suspended Legal Practitioner is not entitled to practice the profession of the law in Malawi during the period of suspension.
“Members of the General Public are further informed that under section 44(1) of the Act, a Legal Practitioner who has been suspended or disbarred is obliged to make arrangements to hand over all documents and property, including sums of money, of his clients to the clients or another Legal Practitioner.
“Clients of the above Legal Practitioners are advised to immediately follow up on their files with the concerned Legal Practitioners and report to the Society if they encounter any challenges,” reads part of the notice
Picture source: Internet
