The race for Malawi’s next Attorney General (AG) is intensifying, with three prominent legal minds reportedly under consideration by newly-elected President Arthur Peter Mutharika.
But as the dust begins to settle, one name is emerging as the frontrunner, not just for his legal acumen, but for his unwavering loyalty to the Democratic Progressive Party (DPP) and its leadership.
The contenders include lawyers Kalekeni Kaphale, Frank Mbeta, and Chancy Gondwe. However, insiders reveal that Gondwe is being earmarked for a different role, narrowing the field to Kaphale and Mbeta.
For the past week, DPP top dogs have been locked in discussions over the composition of the new Cabinet, with the AG post drawing particular scrutiny.
While both Kaphale and Mbeta bring experience to the table, the deciding factor appears to be loyalty, an attribute Mbeta has demonstrated consistently and without compromise.
“It has been a rigorous vetting process,” said a senior party insider. “But Mbeta stands out, not just for his competence, but for his steadfast loyalty to the President and the party.”
Mbeta, still in his early 40s, has been a legal pillar for Mutharika since 2014, when he successfully defended the President’s victory against Joyce Banda’s attempts to block the transition. His loyalty was again tested in 2019, when he represented Mutharika in the contentious presidential election case that led to a court-ordered rerun.
“That was a defining moment,” the insider recalled. “The court premises were flooded with MCP zealots backing Lazarus Chakwera. Yet Mbeta, alongside a few others, stood firm. That kind of courage and loyalty is rare.”
In contrast, questions have been raised about Kaphale’s allegiances. Despite being appointed AG twice by Mutharika between 2014 and 2020, Kaphale later represented Saulos Chilima, Chakwera’s running mate in the 2020 presidential election rerun that ultimately unseated Mutharika.
“It is hard to reconcile that. Chilima gave Chakwera over 1 million votes that effectively ended DPP’s rule. For Kaphale to then represent Chilima in a corruption case when he was Vice-President in Chakwera’s government raises serious doubts about where his loyalties lie,” the insider said.
The insider added that while Kaphale continues to represent Mutharika in some legal matters, he does so on a paid basis, unlike Mbeta, who has often appeared in court without demanding upfront legal fees.
It is also strange and indeed an act of betrayal to Mutharika and the DPP family that Kaphale also provided counsel to Kokoliliko Foundation.
This is a money making machine for the Malawi Congress Party in order to maintain its grip on power in this country.
Kaphale has also been close to and cut deals for Nick Chakwera, the son to former President Chakwera. In a typical fashion of a rolling stone that would gather no moss, Kaphale switched allegiance only recently when he began representing DPP and some of its senior members albeit strictly at a fee.
“Loyalty should be rewarded,” the insider emphasised. “Mbeta is young, energetic, and committed. He has never wavered, even when the stakes were high. That is the kind of person the President needs in his corner.”
Governance expert Thandizo Moya echoed the sentiment, urging the President to inject fresh blood into key positions.
“The appointment of youthful Minister of State Alfred Gangata was a bold move. Choosing Mbeta as AG would be another step in the right direction, loyalty and competence must go hand in hand,” Moya said.
As the final decision looms, one message rings clear within DPP circles: loyalty is not just a virtue, it is a currency. And in Frank Mbeta’s case, it may finally be time for that currency to pay off.
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