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The Supreme Court in Blantyre Friday morning upheld the conviction of Member of Parliament (MP) for Balaka North Lucius Banda but reduced the 21-month conviction to nine months.
The ruling means that Banda is free but he automatically loses his parliamentary seat.
The three judges said the 21-month conviction for fraudulently altering a false certificate was reduced because it was on the higher side but the court confirmed a six-month sentence for the offence of giving false information to a person employed in public service. The two sentences were running concurrently.
“This means that the respondent is a free man unless detained on other matters,” said Justice Isaac Mtambo as he read the ruling which was made unanimously with justices James Kalaile and Atanazio Tembo.
The judges argued that although Banda exercised the right to remain silent in defence, he must have known that he would have been required to produce an original certificate.
“The court has a duty to prosecute if it determines that the accused in guilty despite the respondent remaining silent,” said Mtambo.
He further argued that it was wrong for the High Court to dwell on the necessity of the proficiency English test for MPs instead of looking at whether Banda’s Malawi School Certificate of Education (MSCE) was forged or not.
“The question was whether the certificate was genuine or not. The certificate showed that it was not genuine,” said Mtambo.
Banda’s lawyer, John Gift Mwakhwawa yesterday could not explain whether Banda loses his parliamentary seat.
“That aspect may be pursued further in other tribunals. It is not necessarily challenging the upper court’s ruling, it is just about seeking a clarification and guidelines from the African commission,” said Mwakhwawa.
State lawyer Bernadetta Ng’ong’ola said the state was happy with the ruling.
“The High Court ruling set a bad precedent. We are happy that the wrong has been corrected,” she said.
The High Court in November last year set aside the sentences and convictions made by Zomba Magistrates Court that sentenced Banda to 21- month imprisonment for being found guilty of two offences; knowingly and fraudulently uttering a false document and giving false information to a person employed in the public service.
The country’s laws forbid a convict from holding public office until seven years.
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