The Malawi Law Society is not playing games. It is taking decisive action against lawyers who engage in misconduct, with no leniency. The most recent individual facing public disgrace is Lawyer Wellington Kazembe from Messrs Mackenzie & Patrick Associates. Mr. Kazembe, hired by his client Mr. Budala for a personal injury case against ESCOM, was discovered to have misappropriated the entire Ten Million Kwacha payment made by ESCOM on behalf of the client. This act is in violation of section 38, in conjunction with section 89(2)(m) of the Legal Education and Legal Practitioners Act.
Upon determining his guilt, the Disciplinary Committee of the Malawi Law Society decided to recommend to the Chief Justice that Lawyer Kazembe be disbarred in accordance with section 96(1)(a) of the Legal Education and Legal Practitioners Act. To be disbarred means losing the Lawyering citizenship for 10 years meaning the person is barred from practising the law for a decade and has to start all over again, convincing the Chief Justice that he has truly repented for him to commence starting practising law again. Additionally, the committee resolved to advise the Director of Public Prosecutions (DPP) to pursue criminal charges against him for embezzlement, as per section 89(2)(m) of the LELPA.
