Is it merely a matter of tarnishing reputations among its members, or is there more to this? Are we to believe that a legal practitioner could truly neglect to settle a bill totaling MK68,000? Such is the narrative the Malawi Law Society (MLS) is presenting to the public, as they summon one of their own, lawyer Andrew Mdala, to face disciplinary proceedings. Mdala stands accused of allegedly failing to settle a fuel and oil bill of K68,000 at a gas station in Blantyre, a debt that has reportedly lingered unpaid for over a year.
Among the charges leveled against Mdala are allegations of misconduct, specifically conduct that undermines the integrity of the legal profession, as stipulated in section 89(2)(j) of the Legal Education and Legal Practitioners Act (LELPA). Additionally, he faces accusations of personal misconduct that brings dishonor to the legal profession, as outlined in Chapter 3, rule 1 of the Malawi Law Society Code of Ethics.
According to reports, on January 27, 2023, Mdala visited Kabula Filling Station to refuel his vehicle, where he purportedly filled up with petrol amounting to K30,000 and oil totaling K38,000.
“It is also alleged that you failed to pay for the petrol and oil because you had forgotten your fuel card at home. Therefore, you left your details, your Malawi Law Society (Society) membership card and an expired Puma card with the fuel attendant, Mr James Benard.
“It is alleged that Mr Benard called you on the following day and you informed him that you would send the money. However, you did not send the money,” reads part of the summons from MLS.
As per the Malawi Law Society (MLS), on January 29, 2024, Benard brought the issue to the attention of Wenela Police Station, where authorities directed him to visit Mackenzie & Patricks, where Mdala was previously employed. However, upon contacting Mackenzie & Patricks, Benard was informed that Mdala had ceased working there. The firm then directed him to the Malawi Law Society for further assistance.
“When Mr Benard arrived at the Society, he requested that the Society should call you because what he wanted was the money. The Chief Executive Officer of the Society called you on 8th February, 2024, and you promised to settle the bill the next day. You have not paid the bill to date,” MLS says.
