The Late Justice Tambala
Honourable Justice of Appeal Duncan Tambala, SC (retired) has died after a short illness. Honourable Justice Tambala, who served as a judge for the Malawi Supreme Court of Appeal until his retirement in June 2011, died late at night on Thursday, 24 October 2024 in Blantyre.
The Deputy Chief Justice Honourable Lovemore P. Chikopa, SC worked with the late Hon. Tambala for some years. Speaking about the late Hon. Tambala, Honourable Chikopa has said that Hon. Tambala was “A witty person with a very disarming personality. And he was not one to hide his views. Very open-minded. As a judge, he was above all else a wise man. Very realistic.”
Justice of Appeal Hon. Dorothy nyaKaunda Kamanga, SC agreed that the late Tambala was a “jovial Justice.” Hon. nyaKaunda Kamanga further described the fallen judicial officer’s contribution to the development of the law in Malawi.
Hon. nyaKaunda Kamanga has said that the case of Namasasu v Rep [1991] 14 MLR 350 (SCA) demonstrates the late Hon. Tambala’s passion for criminal justice and the right to a fair trial.
Hon. nyaKaunda Kamanga has further said: “[Tambala] was among the panel of justices of appeal who warned against the danger of convicting the accused on the uncorroborated evidence of an accomplice. In this case, the SCA determined that a judge’s failure to examine critically and weigh carefully conflicting evidence constitutes a grave error which tends to produce a miscarriage of justice.”
Hon. nyaKaunda Kamanga has added that the late Tambala had passion to correctly interpret the right to fair labour practices and correct procedures in the Industrial Relations Court as demonstrated in a landmark case of Kankhwangwa and others v Liquidator Import and Export (Mw) Ltd [2005] MLR 151 (SCA).
Hon. nyaKaunda Kamanga will further remember the late Hon. Tambala as the one that brought to the fore the importance of the need to comply with civil procedures.
“In National Bank of Malawi v Hamdani [2008] MLR 238 (SCA), the JA determined that it is wrong to bring an application for interlocutory injunction in the Court of Appeal. Applications for such injunctions are made in the court below pending trial. They are neither made to allow an appeal to proceed nor issued against a court’s order,” said Hon. nyaKaunda Kamanga.
The late Hon. Tambala leaves an impressive record of service both nationally and internationally. Before his retirement, he had served as a judge of the Malawi Supreme Court of Appeal for 14 years, and as a judge of the High Court for nine years. He also worked with the Malawi Judiciary as a Resident Magistrate, Senior Resident Magistrate, and Principal Resident Magistrate.
Apart from working with the Malawi Judiciary, the deceased also served as Chief State Advocate and Chief Public Prosecutor. He also served as chairperson for several commissions and committees both in the Judiciary and outside the Judiciary.
Tambala’s international service includes six years as a judge at the African Court at Arusha, and three years as a judge of the Comesa Court in Zambia.
The late Honourable Justice Tambala was from Masikila Village, T/A Kadewere, Chiradulu District. He was born on 28th June 1946. He is survived by his wife, four children and seven grandchildren.
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