The Malawi Law Society (MLS) has imposed suspensions on private practicing lawyer Henry Dama Duncan Phoya SC and Wester Peter Kosamu, lasting two years and six months, respectively. Kosamu is also the current Greenbelt Authority (GBA) Executive Chairperson (CEO)
As per a public notice dated September 19, 2023, and signed by MLS Honorary Secretary Gabriel Gift Chembezi, Phoya’s suspension began on September 11, while Kosamu’s suspension started on June 1.
The charges against them include engaging in behavior that tarnished the reputation of the legal profession, failing to respond in a manner consistent with the best interests of the profession, and the justice system. These actions are in violation of Chapter 5, rules 1 and 3, and Chapter 15, rule 2 of the MLS Code of Ethics.
“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.
