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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NYAKWAWA
Guest

hahahahahahahaha,Malawi walero.

Sangwani Phiri
Guest
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… Read more »
Paul Vida
Guest

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

Kenkkk
Guest

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

Wadelo
Guest
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.… Read more »
Kenkkk
Guest

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

Kenkkk
Guest

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.

Nyirenda
Guest

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.

Omex70
Guest

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.

Mhesha
Guest

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?!

MUPOTO MWENECHO
Guest

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

Edwin Mwalwen
Guest

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

nsonga ciswe
Guest

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

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