By Staff Reporter

LILONGWE — Private practice lawyer and human rights activist Alexious Kamangila has accused the High Court of handling a defamation case against him in a manner that raises concerns about fairness and judicial impartiality.

In a letter dated 30 July 2026 addressed to High Court Judge Justice Howard Pemba, who is presiding over the matter, Kamangila argues that the court has treated the parties unequally by swiftly processing applications filed by the claimant while delaying action on his own application.Mangochi calls for new reforms in the Judiciary

Kamangila says the court’s conduct risks undermining public confidence in the justice system, insisting that judicial proceedings must not only be fair but must also be seen by the public to be fair.

“Justice must not only be done but must also be seen to be done,” Kamangila states in his letter.

The dispute stems from a defamation lawsuit filed in 2024 by High Court Judge Justice Kenan Manda. The judge sued Kamangila over public comments and Facebook posts in which the lawyer allegedly accused senior members of Malawi’s judiciary of corruption.Corruption Cannot End If The Judiciary Remains Rotten

In May 2026, Justice Pemba granted an ex parte application by Justice Manda to strike out Kamangila’s statement of defence before entering judgment in favour of the claimant.

Kamangila maintains that the decision was reached without giving him an opportunity to be heard. He argues that he was never properly served with the relevant court documents and was outside Malawi when the application was made.

Seeking to reverse the ruling, Kamangila filed an application on 13 July 2026 asking the court to set aside the ex parte order. However, he says more than two weeks have passed without the court assigning a hearing date for the application.Why the Judiciary Never Changes – and Why Malawi Is Paying the Price

According to Kamangila, the delay contrasts sharply with the speed at which the claimant’s earlier application was processed.

In his correspondence to the court, he alleges that the differing treatment creates the appearance of unequal access to justice.

Kamangila also raises concerns about perceived conflicts of interest, noting that Justice Manda is a senior judge and referring to what he describes as close professional and family relationships within the country’s judicial leadership.

He argues that such circumstances make it even more important for the court to demonstrate complete independence and transparency throughout the proceedings.

In skeleton arguments filed before the court, Kamangila contends that the judgment should be set aside because he was not lawfully served, was denied the opportunity to defend himself, and because entering judgment in a defamation case without a full trial is inconsistent with both the Civil Procedure Rules and constitutional principles guaranteeing a fair hearing.Judiciary on Trial: Chiradzulu Activist Accuses Courts of Fueling Corruption and Endangering Malawi

The case, registered as Civil Cause Number 141 of 2024, remains before the High Court Civil Division in Lilongwe, with the court yet to determine Kamangila’s application.

The outcome of the matter is expected to attract significant public interest as it touches on questions of judicial accountability, procedural fairness and confidence in Malawi’s justice system.

At the time of publication, the High Court had not publicly responded to the concerns raised by Kamangila in his letter.A Judiciary Under Fire: Malawians Question Court Rulings and the Future of National Justice