tag:blogger.com,1999:blog-8262482613827874314.post8840572881439713842..comments2023-06-18T00:53:51.549-07:00Comments on Mfundisi: CONFERRING OF THE TITLE OF SENIOR COUNSEL IN MALAWImfundisihttp://www.blogger.com/profile/02388644577637178245noreply@blogger.comBlogger7125tag:blogger.com,1999:blog-8262482613827874314.post-59053592462907839582017-10-24T01:19:53.384-07:002017-10-24T01:19:53.384-07:00Dr. Madise, could you consider researching on, and...Dr. Madise, could you consider researching on, and merging the results of said research in this essay, the historical element of the SC honor in Malawi and a complete list of all SCs since independence? I have a feeling there's a vacuum of knowledge in that dimension. Michael Goba Chipetahttps://www.blogger.com/profile/00729658840157996659noreply@blogger.comtag:blogger.com,1999:blog-8262482613827874314.post-14403783827330799982016-03-10T10:32:56.096-08:002016-03-10T10:32:56.096-08:00And just to correct you; I am not a Dr yetAnd just to correct you; I am not a Dr yetmfundisihttps://www.blogger.com/profile/02388644577637178245noreply@blogger.comtag:blogger.com,1999:blog-8262482613827874314.post-50291699601456397672016-03-10T02:34:29.534-08:002016-03-10T02:34:29.534-08:00Chimwemwe I think you are raising pertinent issues...Chimwemwe I think you are raising pertinent issues but on the wrong forum. I am not Patrice Nkhono SC so I cannot respond to your concerns. Abs while I did ask him in your first post; I do t think it's in my place to be a post office delivering messages to and fro. I would suggest you take up your concerns with Patrice Nkhono SC himself. My blog was only to explain how the honour of senior counsel is co veered to in Malawi. mfundisihttps://www.blogger.com/profile/02388644577637178245noreply@blogger.comtag:blogger.com,1999:blog-8262482613827874314.post-18125621201798745722016-03-09T23:20:39.407-08:002016-03-09T23:20:39.407-08:00Dr Madise, thank you for your responses.
I was as...Dr Madise, thank you for your responses.<br /><br />I was assuming that my reference was reliable and that it contained nothing but the truth, being a three-judge, supreme-court judgement. If Patrice Nkhono SC says that what is claimed of him is false and/or defamatory then I expect that he will lodge some kind of complaint with the relevant authority to have rewritten all tribunal and court judgements which quote him on this issue. One wonders why the judgement, available on the internet for six years now, has been left unchallenged for so long.<br /><br />Just to be clear, the judgement to which I have linked is from England and Wales: “The Supreme Court of Judicature, Court of Appeal (Civil Division), on appeal from the Asylum and Immigration Tribunal, (AA/01355/2007)”.<br /><br />“ ... Patrice Nkhono who says he never appeared as a witness in the proceedings.” AND “As to your views about how he conducted himself in court ... “<br /><br />I did not say that Nkhono ever appeared in court, and I believe that he tells the truth when he says that he did not do so. The judgment also does not indicate that he ever appeared in person at any proceedings, whether at an asylum tribunal or the supreme court hearing - or any other tribunal or court for that matter. What the judgement does say is that he made a written submission at some time during the long, drawn out claim for asylum made by the Malawian lady. Such a submission could have been made while her case was still with the UK Home Office, or at some time later during the four tribunal appeals.<br /><br />“ ... the evidence attributed to him must be looked at with the utmost suspicion.”<br /><br />It is very difficult to whip up too too much suspicion about something written in a three-judge, supreme court judgement, and which is refuted only by a short, hearsay statement in a blog. However, I will now work very hard on whipping up as much suspicion as I can.<br />Anonymoushttps://www.blogger.com/profile/12588351068455250438noreply@blogger.comtag:blogger.com,1999:blog-8262482613827874314.post-73656719011505534442016-03-05T07:33:30.802-08:002016-03-05T07:33:30.802-08:00Chimwemwe I drew to the attention of Senior Counse...Chimwemwe I drew to the attention of Senior Counsel Patrice Nkhono who says he never appeared as a witness in the proceedings. In fact he vehemently denies the wovuta toons attributed to him. From personal knowledge of him ,I believe him. Therefore the evidence attributed to him must be looked at with the utmost suspicion. That is what I would say on this matter mfundisihttps://www.blogger.com/profile/02388644577637178245noreply@blogger.comtag:blogger.com,1999:blog-8262482613827874314.post-66940584671261031712016-03-04T08:29:20.752-08:002016-03-04T08:29:20.752-08:00Chimwemwe, all I can say is that in Malawi, we hav...Chimwemwe, all I can say is that in Malawi, we have only one Patrice Nkhono who is a lawyer. As to your views about how he conducted himself in court, allow me to decline to make any comment in the absence of a contextual appraisal of the evidence.mfundisihttps://www.blogger.com/profile/02388644577637178245noreply@blogger.comtag:blogger.com,1999:blog-8262482613827874314.post-34779861169291914572016-03-03T07:56:31.638-08:002016-03-03T07:56:31.638-08:00A certain Patrice Nkhono was in the UK around the ...A certain Patrice Nkhono was in the UK around the year 2009, and submitted deceitful, unethical evidence in support of a Malawian lady whom the UK was trying to deport.<br /><br />The information which I post here is from an appeal court judgement, and the numbers in brackets refer to paragraphs in it. See:<br /><br />http://www.bailii.org/ew/cases/EWCA/Civ/2009/645.html<br /><br />Basically, the lady had two children and was “divorced” from her abusive husband who was also in the UK. He had leave to remain there, while she did not. She was from the South while he was from the North. She claimed that:<br /> <br />[56]“ ... if she is returned to Malawi her husband and/or her husband’s family will WITH THE FULL SUPPORT OF THE LAW over custody of her children and she will be denied any contact with them.”<br /><br />Ignoring the Constitution of Malawi and the Child Care, Justice, and Protection Act, Patrice Nkhono supported her with his deceitful, "expert" opinion. From the judgement:<br /><br />[36] Mr Patrice Nkhono (a Malawian lawyer) ... dealt with the dual legal system in Malawi, whereby a modern legal system sits alongside the customary system, and with the attitude towards children in the patrilineal customary system into which the appellant had married.<br /><br />[41] As to Mr Nkhono, the panel expressed concern about a passage in his evidence where he said that if the custody issue came before the Malawi court the appellant COULD NEVER BE GRANTED CUSTODY and it would be impossible for her to gain access to the children.<br /><br />[64] A Malawian matrimonial lawyer, Mr Nkhono, gave evidence that “under the patrilineal system all aspects of life are generally designed around the male”. In view of the patrilineal context of the marriage, it is likely that the family of the husband would pursue the issue of custody in Malawi, “more so in his absence as they would feel obliged to bring them up on his behalf”.<br /><br />Is this the same Patrice Nkhono who defamed Malawi and who has now been elevated to SC?<br />Anonymoushttps://www.blogger.com/profile/12588351068455250438noreply@blogger.com