By Cathy Maulidi:
The Judicial Service Commission (JSC) has suspended its investigation into a complaint against Magistrate Diana Mangwana, citing an ongoing Supreme Court case related to the matter.
In a letter seen by Malawi News, addressed to complainant Shenaz Bhagwanji, JSC Secretary Irene Chikapa says that the commission reviewed the complaint and decided to put it on hold.
The letter reads: “Upon reviewing your complaint, the commission noted that you have an ongoing appeal before the Supreme Court, which has not yet been concluded. Therefore, the commission advises you to allow the appeal process to run its course before it can consider your complaint.”
Bhagwanji, involved in a protracted divorce and custody battle, had petitioned the commission, seeking justice after eight years of waiting for justice in the Malawian courts.
In her letter, Bhagwanji explained that her ordeal began in 2016 when she and her Portuguese husband, Ricardo Almeida, who resides in Malawi, initiated divorce proceedings.
She alleged that the case took a turn in December 2022 when the Supreme Court ruled that Malawian courts lacked jurisdiction, directing the couple to seek resolution in Portuguese courts.
“I assumed Ricardo would be pleased to return to his country, as he had contested Malawi’s jurisdiction since 2016, asserting that only Portuguese courts had jurisdiction.
“To my surprise, he refuses to return and finalise the divorce, preferring to continue legal battles here. I wish to relocate to Portugal with our 10-year-old daughter, to pursue the justice I have sought in Malawi for years,” Bhagwanji wrote to the commission.
Her letter accused Magistrate Mangwana of the Child Justice Court in Lilongwe, who handled the case, of bias and misconduct and requested the JSC to investigate her.
Bhagwanji claimed that Mangwana repeatedly favoured Almeida, allegedly granting him ex parte orders without her knowledge.
Bhagwanji also alleged that the courts exhibited favouritism by prioritising Almeida’s requests, including granting him expedited hearings.
Her letter also raised allegations of judicial corruption, suggesting that judicial officers may have received bribes from Almeida for favourable rulings.
In an interview, Bhagwanji confirmed receiving the letter but maintained that her complaint was unrelated to the Supreme Court matter and focused on Mangwana’s handling of her case.
“Yes, I received the letter, but it does not address my concerns. Why are they refusing to investigate Mangwana?” she queried.
When contacted, Chikapa confirmed sending the letter to Bhagwanji.
“The judgment by Mangwana, which her complaint is based on, is being challenged in the Supreme Court. Therefore, it was decided to suspend the investigation until that process is completed,” she said.
Magistrate Mangwana, after the JSC announced its investigation, declined to comment, saying that the matter was being handled by the commission.
Commenting on the matter, lawyer Alexious Kamangila, who has campaigned against judicial
