Twists emerge in lawyer’s license

NBS Bank lawyer Mapopa Kumwenda Musopa had a valid practicing license which Malawi Electoral Commission (MEC) Chairperson Jane Ansah used in swearing her affidavit, MIJ Online has learnt.

Official court documents show that Ansah’s affidavit was sworn by Musopa whose license as it transpired expired.

In his arguments on the application of stay of the constitutional court ruling as applied by MEC and President Mutharika, lawyer for Saulos Chilima, Khumbo Soko argued that the application of stay be dismissed as Musopa was not a licensed lawyer at the time the affidavit was sworn.

MIJ online has seen an ‘annual legal practitioner’s license’ by Musopa which is dated 11th February 2020, issued by the Malawi Law Society (MLS).

The license is accompanied by a receipt numbered 5293 and is dated 31st January 2020, both documents that confirm that Musopa’s duly accreditation.

It has also been understood that Musopa commissioned Ansah’s affidavit in his capacity as a lawyer or commissioner of oath and not as an employee of NBS Bank.

According to legal documents which MIJ Online has seen, lawyers are required to renew their licenses by the 31st January each year and that by 1st February each year, every lawyer is required to have the acquired the license to practice.

However, we have been reliably informed that the renewal of licenses this year has been full of technical glitches because of the new Legal Education and Legal practitioners Act (LELPA) as every practitioner is now expected to attain what is called 6 CPD units per year, 24 hours pro bono work, and a subscription fee of 375,000 kwacha by 31 January.

A well-placed source at Malawi Law Society confirmed to MIJ Online that Musopa had indeed already met all requirements, stressing that only the issuance of the license delayed as he had already paid his fee as of 31 January 2020.

The lawyer is quoted as saying: “Commissioning a document in the legal profession is a normal routine and you are not paid.

Commissioning a document does not make one a party to the case. So, Mr. Musopa is not like was representing Jane Ansah or MEC but he just commissioned Ansah’s document.

MCP