Judge Kenyatta Nyirenda OKs Malawi Savings Bank sale: Protests set for Friday

High Court judge Kenyatta Nyirenda has ruled in favour of government to proceed with the controversial sale of State-owned Malawi Savings Bank (MSB) but the MSB employees, through their lawyer Lusungu Gondwe, have said they will consider an appeal against the ruling.

Kaphale: MSB employees did not demonstrate that any of their rights or freedoms had been or would be violated by the proposed divestiture of government’s shares in the bank.

Kaphale: MSB employees did not demonstrate that any of their rights or freedoms had been or would be violated by the proposed divestiture of government’s shares in the bank.

MSB employees obtained an injuction stopping Public Private Partnership Commission (PPPC)to complete the sale to the only bidder, FDH Financial Holdings Limited of Thomas Mpinganjira whom the opposition has said is a “ crony” of President Peter Mutharika and view the sale as corruption deal.

But the Attorney General’s (AG) Kalekeni Kaphale contested the injucntion and applied for the discharge of an order that was granted allowing judicial review of the decision to sell the bank.

Kaphale argued that the judicial review the employees were seeking were frivolous, vexatious and an abuse of the process of the court because under the Public Private Partnership (PPP) Act, there is absolutely no need, in the case of a divestiture, for the particular business sector to be identified in the Act as a key priority area, as was argued by the applicants.

“Under the Public Finance Management Act, the decision to divest only needs Cabinet approval and not parliamentary approval. Under the Public Finance Management Act, there is no requirement for parliamentary approval before a decision to divest is made and carried out and failure by the minister to give annual reports of the performance of a statutory body does not prevent the implementation of a divestiture decision,” argued Kaphale.

Judge Nyirenda vacated an injunction arguing the employees had no locus standi (sufficient interest) in government’s decision.

“In the final analysis, the court rules that the leave that was granted herein cannot stand. It is, accordingly discharged.

“The upshot of the court’s ruling is that there is no basis for the sustenance of the order obtained by the applicants staying the challenged decision. Consequently, the order staying the challenged decision is also hereby discharged,” said Nyirenda in his ruling delivered on April 30 2015 .

Meanwhile, Malawians under the banner of ‘Concerned Citizens’ will this Friday demonstrate and petition Speaker of Parliament in Lilongwe over the impending sale of MSB and the unpopular government’s move to clear toxic loans totalling K6 billion owed to the bank by private sector players.

Billy Mayaya, one of the organisers, said they want Parliament to investigate a scenario similar to Cashgate—the systematic plunder of billions of kwacha from Treasury.

The demonstrators would gather around Area 18 Roundabout and proceed to the Capital Hotel Roundabout and make a U-turn up to the National Assembly where a petition will be read out and handed over to the Speaker, Richard Msowoya.

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68 thoughts on “Judge Kenyatta Nyirenda OKs Malawi Savings Bank sale: Protests set for Friday”

  1. NYAKWAWA says:

    hahahahahahahaha,Malawi walero.

  2. Sangwani Phiri says:

    A Malawi, is MSB an issue to be bothering us with, really? How many Nyasa Times Reporters have accounts at MSB?…and I want to challenge you about the opposition MPs who would want to make us believe that it is wrong for Govt to dilute its shares in the troubled bank….how many of them can claim that they have had an account at MSB for as long as 5 years? They opened accounts at MSB last year to access the MK24,000,000.00 loans that Govt lends to them..They don’t have MSB’s interest at heart. Kungofuna kutsutsa basi…kumva kuwawa coz they lost the presidential elections. And you talk about K6billion promissory notes as if Promissory Notes are as liquid as cash. MSB will have to discount them to generate cash or keep them up to maturity – anthu mulibe zokamba eti? and I don’t think anybody has been bailed out here. The toxic assets had to be set aside for the sale to proceeds and raise the value of the bank.No wonder only one bidder showed up, I mean who would want to buy MSB with those toxic assets on board? When Commercial Bank of Malawi Ltd was being sold Promissory Notes were issued in favour of Stanbic Bank on account of ADMARC! Nothing new here…and the MSB staff(we know that not all of them are against the sale), they are the most stupid employees of an organisation I have heard of!!! How can a minibus driver stop the minibus owner from selling his minibus? Eish…a Malawi tadzukani, otherwise you will continue to stay in the opposition camp (and keep crying)…Why castigate an Honourable Judge, who when presented with facts had to make his opinion without fear or favour? Judge wabwino ndiye kuti agamule against boma basi? Mwauponda!!!

    MSB needs a new investor and new management for it to compete and survive in this competitive market….osati zanuzo…

    1. Kenkkk says:

      Tell this dpp govt to bail you out also if you have loans in msb or any other bank!!!

    2. Paul Vida says:

      Palibe cha nzeru wanena apa, kununkha mkamwa ngati kunyini kwa mako stupid.

  3. Wadelo says:

    Mr. Kenkkk, it’s a catch 22 for Judge Nyirenda. Had he ruled in favour of vote recount, it would have been DPP supporters’ turn to say that he is a corrupt person. Blame it on the constitution. Have parliament change now the laws about vote recount so that what happened doesn’t happen again.

    By the way, the ruling about Malawi Savings Bank was made on 30 April, 2015 and it was not about whether to sell the bank or not. It was about whether MSB employees have the requisite interest to challenge Government’s decision to divest its interest in MSB. I don’t know why the Nyasa Times reporter stated that Judge Nyirenda ok’ed the sale. Yellow journalism?

    Read, read, read before commenting. It’s stated right there in the article: Judge Nyirenda vacated an injuction arguing the employees had no locus standi (sufficient interest) in government’s decision.

    It’s sad that even educated people fail to comment objectively.

    1. Kenkkk says:

      Wadelo, I understand everything but when it comes to judge kenyatta I deliberately lose all my objectivity. He is bloody foolish!!!

  4. Kenkkk says:

    Muhesha or guest as you call yourself, please don’t fool us!!! That is his interpretation and it doesn’t mean he is right!! Dpp will always turn to boot lickers and corrupted person like Kenyatta. Kenyatta gave them the presidency, do you think he can deny them man sale? He is already in their pockets!!!

    Sometimes morality is above the law.

  5. Nyirenda says:

    Mbuzi ikulamulila dziko palibe chanzeru chomwe tiwone, pulezidenti kungokhala pampando nthawi yomweyo maso gaa! pa bank yathu chonde chonde a DPP pangani zanu osati dovu ndiii pa bank yathu zopusa basi.

  6. Omex70 says:

    Kenyata Nyirenda again. Malawi would have been a good place to live in if Kenyata Nyirenda was not born here Malawi. He dubiously gave us the president and he is here again.

  7. Mhesha says:

    Malawians feel they are clever…but very stupid. One can see this notion being expressively declared here…The judge, or AG have nothing with the bad politics you would like to involve them. The judge just interprets the law made by the same seemingly stupid parliament. If you want, request the same MPs to amend the current law. The Executive cannot consult parliament if they are to sell this bank and that is what these lawyers are trying to say. Daily politics basi?!

  8. MUPOTO MWENECHO says:

    MUTUMBUKA WATIVWIRENGE UYU….KENYATA KA NINJUNI UYU? KWAKO NINKHUNI IWE…??

  9. No wonder am saying our beautiful Malawi is being led and connected to series of idiots.They r no more working to dvlop our country but rather boost their pockets

  10. nsonga ciswe says:

    Lapita dxziko maiiine. Timadabwatu Ku ntengo umofzi clinic zikatoni za mankhwala kubwera ndi usiku cibingu ooyeee
    Aliyese was embassy akumanga Ku area 43
    Ma flat ce Ben phili in ameneyo salary kulandila mwa kathithi.koma Ambuye tsikani. Milandu migolomigolo Yolanda pothera lake.koma tizitha????? 2020 HEALTH FOR ALL
    If not DEATH.
    Njala bwana

  11. Mtoloboy says:

    Kenyata and APM can not be trusted by wise malawians, this is no time to be thinking about oneselve think about poor malawians suffering in rural areas and else where……watch out Mulungu akukuonani forl this mess

  12. Mike says:

    People people people. I take it that most of you don’t know how the law works. Judges are not there to make new laws rather their job is to interpret the law. Much as I would have wanted a stop to the sale of MSB but I can’t fault Judge Nyirenda on this one. His interpretation is spot on. If the citizens have an issue with the relevant law then it’s time we petition our MPs on the same. It’s foolhardy that some of you hide behind your keyboards posing as ‘bad boys’ who could kill or hurt the judge and the attorney general. These guys are just doing their jobs. If the lawyer representing the employees is not happy with the judgement, then the law allows for an appeal to the supreme court. But according to my knowledge of the law I can’t see a different outcome other than the one delivered by Judge Nyirenda. Peace!!

  13. Wafa basi!!! says:

    Kaya amwene tixiona.

  14. DOBO says:

    Pamene pavutira nkhaniyi ndipoti bona lakhala ngati likubweza ngongole za anthu ena amene ali ndi ngongole pamene ena akulephera kupeza ngongole zomwezo.China chimene chikukaikitsa ndichakuti DPP itangolowa m”bona mpamene tikuva.za MBS,kodi tinene kuti chiyani? Nkhani ndiyovutirapo kusaitenga bwino.

  15. Kamkhwezule Kakang'ono says:

    MSB is a state asset. DPP politicians cannot just decide its sale for the sake of covering Mulli brothers and others who defaulted their loan payments. This is no issue about politics.

  16. geo stream says:

    One of the brilliant judges of Malawi. God bless you.

  17. Really says:

    From area 18 round about to hotel round about then make a u turn to where they shall come from not parliament building

  18. Chimani. Game says:

    Set msb. On fire

  19. Henry Banda says:

    Kodi nkhaniyi taiwerenga bwino? Judge Nyirenda only said that the employees have no Locus standi. He never said that it is ok to sell the bank.

  20. Khuth'upa o'Machemba says:

    This is serious subject, yet most of the comments are just amateurish and nonsensical. Kuwafunila anthu ena ndi ena, mpaka jaji’yo kuti afe (Wishing the judge, APM, AG Kaphale et al., ill will, even death). Ridiculous! The judge and the AG are just doing their jobs, and following the law.
    If people have a problem, go after parliament and get it to change the law. Demonstrating, like some CSOs are going to do, will not change the status quo.
    Think long term, abale inu (MCP and PP supporters).
    And leave APM out of this. Leave him alone. He has nothing to do with it.

  21. lesta says:

    Am from the north but i publicly disown judge nyirenda,this clown deserves severe punishment via mob justice ,you cant punish malawians twice within a space of 12 months and go scot-free? Mo ways,this bimbo must be punished heavily,he has crossed the red line,this must be one of dull judges ever stepped in our courtrooms,lets all start hunting down this fool,he cant run away,let him feel the pain and make him realize malawi is bigger than this jusges chicken brain,

  22. Ida says:

    Kodi a Kenyatta Mulungu pokuchiritsani ku matenda munadwala aja kunali koti muzizapanga zimenezi?

  23. ,MYEGHA,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, says:

    MPS are in parliament for national budget then DPP you bring stupid and provoking agendas, how could they approve the budget?

  24. shadreck tembo says:

    I don’t trust this judge too.He helped these foxes to grab de leadership wish was not theirs.one day he will pay fo it.

  25. davie Phiri says:

    kennyata is answerable to malawians and God why should malawians pay mulli’s loan?what do you call this?is it not cashgate .do you know malawians that Peter muntharika bought 39 hectares of land in chiradzulu? he want to build his mpumulo wa bata again .where will he get the money
    Chibingu is busy organising for an office in Blantyre so that he should be working at his mtengo umodzi clinic instead of performing his duties at capital hill yet they say they are conducting public reform

  26. But these 2 dudes wll mek Malawi aliving hell,kenyatta sold this country to big thugs of dpp and now Malawians r suffering,ur dys r numbered,mark my wrds

  27. Thuso says:

    God is there for poor and rich he know what next who knows that on 5Apriir 2012 B M ll die
    Just wait and c

  28. Greencardless Malawian says:

    GOD OUR FATHER AND CREATOR OF ALL THINGS I BEG YOU TO PLEASE TAKE JUDGE KENYATTA NYIRENDA OUT OF THIS WORLD TO THE PLACE WHERE HE DESERVES TO BE ACCORDING TO HIS DEEDS! SAVE THE PEOPLE OF MALAWI FROM THIS MONSTER LORD! HEAR THE CRIES OF YOUR PEOPLE LORD! GIVE EAR TO MY WORD OH GOD, CONSIDER MY MEDITATION. LISTEN TO THE VOICE OF MY CRY, MY KING AND MY GO… Psalm 5…

  29. hk says:

    You were given a chance to vote and you voted for this stupid thieving president so why cry now? Malawians especially from the south needs a gun to their heads to understand. They just make Sure muluzi’s and mutharika’s must run this country and these two families know that its stupid people who puts them in power and they can steal as they please and if tumbukas can’t say anything against these two families I can promise you they will steal until this country gets to it’s knees. It’s worse now that dpp and udf have united Malawians brace for lots of shit to come.

  30. Verg says:

    Kenyatta ali ndi chimtuwitsa sangayankhule zomveka ndi Chindere chakufikapo, the most corrupt Juge!!!

  31. obwande says:

    If a person is entangled in dungeon of sin vision is marred by iniquity and you view fellow men as trees like Bathromeo before he was fully cleansed by Jesus.But God is monitoring you guys keep on watch.

  32. Kapalanaka says:

    Zisiyeni mbuli za kumwerazi. Zoberekana usiku ndi masana and don’t have future plans. Amangobereka kuti anao akalandira pala la ulere ku sukuluko

  33. Prince Aliwid Bin Tahlahla Bin Abhula Ziz says:

    Judge Kenyatta Nyirenda ndi nzako Kaphale ndinu anthu opanda umunthu….so disgusting stupid gud for nothing and educated foolish fools,,,,though the law is exact but kumatha kugwiritsako tchito umunthu….

  34. chenkhumba says:

    lord be with us

  35. ayinduthu says:

    koma Nyirenda! ndiyekuti dzikoli ndi estate Yang eti? zikundiwawatu!

  36. Tilibemau says:

    we need Gods intervation.Panunkha pa Malawi I tell you.Kenyatta do you know that you are putting tax payers money at risk?Are you a proffessional or a very corrupt charge?You are a shame to all malawians indeed.You gave the presidence to someone who doesnot deserve to be our president.God help Malawi!!!!!!!A party full of thugs,murderers.Where is Malawi heading to ?Its not worth leaving in Malawi.Malawians lets fast and pray until something happens.

  37. Jelbin mk says:

    Am sorry to say this its not my character but the situation has forced me to say this; Judge Kenyata Nyirenda I lost conference in you long long time ago so this is not surprising me.

  38. Wadabwa says:

    Let a Malawian buy this bank. Do you need foreigners? To buy this bank. Plz Plz let the money be in Malawi and profits to be used in Malawi

    1. Kenkkk says:

      Yes we want preferably Malawians to buy this bank but not crooks or thugs Malawians they proposing to sell it.

  39. kamasozo says:

    Abale, ife anthu akumudzi sitikunvetsesa. koma ndizoona kuti amulli ali ndi ngongole ku bankyi? timaona amabank ena akulanda katundu wa angongole nanga msbyi bwanji? anthu aku msb tatengani listyo mupitise mmanyuzi tiione

  40. Kenkkk says:

    Kenyatta, The same corrupt dpp boot licker of a lawyer. What do you expect from him? We know now that Mec had all the power to recount the votes but what did he say? Nothing good comes out of him!!! Corrupt and greedy to the core.

  41. truuuu says:

    Is Kenyatta right to say employees do not have sufficient interest in the government’s decision to sale the bank? Even in accounting, employees are related party to the business. They know the bank and its capability well than anyone else.

  42. Dusty says:

    Kenyatta ur very stupid.

  43. honourable says:

    Kenyatta unakhala bwanji iwe? Poyamba paja unatiuza kuti tiwelenge mavoti in one hour’s time ndipo unalengeza pakati pa usiku. Unkadziwa kuti tikanakhala ndi 5 hours tikanatha kuwelenga pa centre imodzi nkupeza umboni kuti tabeledwa koma unatipweteka, lero ukuti msb igulitsidwe fine and fair Nanga ndalama zachina mulli ukuti nazo bwanji pogamula kwakoko. Kaphale u are always a corrupt lawyer so u fit well in these guys. Achina Ben phiri ma flats ndi amene akumangidwa Ku 43 ko. Its ur time ndipo amene mumaikila kumbuyo anthuwa chifukwa cha mtundu ayi ndithu zikomo. Achewa ndinu mbuzi ambili mumangotsatila nyovwi muli ndife a Dpp munamuona mlomwe akusapota chipani china? Mbuzi

  44. Says the truth to shame Devil says:

    Tawa tumbuka ndise wakutigwiska ntchito kuti charo chithu chinangike. Ndicho chifukwa Chiuta wakutondka na kutipa mulongozgi chifukwa mahara agho tilinagho nga mu kalasi kweni kweni ulyalya nambala wanu. Kenyatta uyu nthena ndi mtumbuka. imwe mwawanyithu wachewa siyani kutigwiritsa ntchito kuti zanu ziyende. watumbuka lekani kutemwa ndalama ngani YUdasi.

  45. ujeni says:

    Peter Mutharika is a failure. He is nowhere near or close to what or how a President should be.

  46. Jihadi John says:

    Judge Nyirenda is cementing himself as cheque book judge who will go down as the biggest traitor to the people of Malawi. He is now in the same league as the gone Manyungwa who died a disgrace. Mtumbuka wochititsa manyazi ready to sell the country with a few shekels of silver. Shame on you!!

  47. ujeni says:

    Kenyatta is enjoying the money and laxury in the DPP bubble. Will soon deflate the bubble and risk of jail for all actors is high. Mind you this is not sleepy Malawi anymore, people have travelled seen and woken up.

  48. This is failing us Malawians. We are now being used as weapons of making the rich people richer than before. MALAWI ADZAPITILIRA KUSAUKADI NDITHU. MPAKA KUGULITSA MSB?

  49. phwiyonaire says:

    Kenyatta kukhozga soni mwe. Mtumbuku wamtundu uli iwe wambura zelu?

  50. Mbanangwa says:

    Kenyatta Nyirenda. I just feel sorry. See what your decisions are leading this country to.

  51. bwangazi says:

    It baffles me to some idiots who are mbuuu ndikuthako koma ali busy ku sapota zinthu za manyi!!!! Amalawi enanu simuzathekha ndithu!!!! Its very clear that this move if selling msb and writing off those toxic loans is another form of cashgate!!! Simungaone ayi!!! Pa nyo panu!!! Iwe kaphale ndi chikenyatacho nonse ku tumbo kwanu!!! Agalu inu!!! Manyi anu!!!!!!67

  52. KUKHALA says:

    IS JUDGE KENYATTA NYIRENDA A MORAL AND LEARNED LAWYER OR JUST A PUPPET FOR THE GOVERNMENT OF THE DAY OR THE NEXT COMING. YOU NOTE 2 WRONG JUDGEMENTS BY NYIRENDA -RIGGED RESULTS JUST A YEAR NOW AND NOW MSB BANK MY GOD.

  53. Dr. Godfrey Ganizani Mvuma says:

    Malawi at its best. We can start the best School in the World on how to Crooke stupid citizens who put us into power and shamelessly embark on looting the tax Payers coffers while the electorate stays Phwii. The Malawi Business School of Corruption and Crookery.

  54. Yesaya Dziko says:

    Lord have mercy

  55. Alfred Munduwabo says:

    Day light cash gate .

  56. Ngumbi Potuluka says:

    What do expect from Kenyatta after he gave presidency to APM?

  57. Okwiya says:

    Ur time is running out

  58. Kadakwiza says:

    Malawi is cursed.

  59. Ben Phiri says:

    A Pitala lakukanikani boma kuyendetsa. You should have walked in the steps of your brother, by now all of us including CSOs would have been rallying around you. But you choose miseche with abwampini achina Ben!

  60. Shame to stupid judge who is not serious to work for Malawians but doing unprofessional job, helping anindividual to end up Malawi.Guys za Bingu zomwe zija izi. Akufuna pakhe mwazi ndiye akondwe.

  61. magaula says:

    corrupt judicially at its best

  62. Aubrey Israel Juma says:

    Amalawi kusamvayi anthu amkakuuzani kuti anthu a DPP ntchito zawo mkuba,kupha ndi kuononga lero si izi akulu akale anati mwana akalilira nyanga ya satsi semele yifotere yenkha yayamba kufota tsapano,Bravo APM and your Team next is ESCOM,LAKE MALAWI AND ALL WATER BOARDS.

  63. You voted for him why crying now. Bravo Peter and now the MSB will be under our brother Mpinganjira.

  64. bongozozo says:

    Wished I was in Lilongwe to be part of these demonstrations. Its just insane and unfair for government to take this route. Your sins will surely follow you. It may not be now but just wait.

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