Malawi court sticks to judicial review on MRA commissioner Namalomba

The High Court in Blantyre has declined to discharge the order for the judicial review and the order of stay that was granted to Malawi Revenue Authority (MRA) Commissioner of Customs and Excise Shadrick Namalomba who was suspended for alleged misconduct.

Ralph Kamoto. MRA boss:  Decision to suspend Namalomba unlawful

Ralph Kamoto. MRA boss: Decision to suspend Namalomba unlawful

Kamoto in a letter to MRA staff notifying them of Namalomba’s suspension said the commissioner had been suspended following a preliminary report alleging gross misconduct from his office.

It is reported that the suspension stems from Namalomba’s clearing of eight trucks of ruling DPP strongman Noel Masangwi involving illegal timber for export.

Private practise lawyers of Mbendera Nkhono and Associates made an application in court court to discharge the order for leave for judicial review on grounds that there was suppression of material facts and further that there was an alternative remedy by pursuing the same in the Industrial Relations Court.

The court on Thursday concluded that the matter was fit for the judicial review machinery.

The applicant submitted that he was not challenging the merits and the demerits of his suspension but rather the manner in which the powers to suspend were exercised.

Justice Kenyatta Nyirenda ruled that MRA Commissioner General Ralph Kamoto acted illegally to suspend Namalomba, saying the power to suspend him lies in the hands of MRA board.

“The decision of the Commissioner General is unlawful, unprocedural and or unreasonable,” Kenyatta.

According to the Judge, MRA chief acted contrary to Namalomba’s legitimate expectations in that he expected the board to meet and make proper recommendations to the Commissioner General and that would have been the basis for suspension.

This means MRA will not effect the suspension of Namalomba up until the matter is finally heard and determined.

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31 thoughts on “Malawi court sticks to judicial review on MRA commissioner Namalomba”

  1. njinkho says:

    edina kamoto

  2. mra says:

    gogobawo! anthu ake ati? ife we are not complaining aboit shad, ndipo titolela bwabasi koma kamoto yekhayu achokepo honestly

  3. mphoka says:

    game nkuza tembenuka pamene paja, mra pliz tikufuna chilungamu chankhaniyi nsanga yatitopetsa ngati kuli kubwenzera namalomba pa ntchitoyo chitani nsanga coz kutolela makobili kwayima tiyamba kudanaula pompano kuti sitina tolele bwino

  4. gogobawo says:

    Roza Mbilizi, Shad Namalomba and Kamoto bwana Peter Mutharika achotseni awa onse ku Mra. Roza ndi Namalomba akupanga campaign mseli kufuna kumugwetsa Kamoto. Koma bwana President musadzayerekeze kuika Roza pa udindo umenewo mudzaonanso no revenue colection. PEMPHO anthuwa onse atatu achotseni na ngati muli ndalangizi abwino am one of them coz zinthuo ife tikuziona ndithu. ndi mmene zililimu anthu agwira bwa. Anthutu agawanikana nde piliz thandizani MRA pochotsa anthu atatuwa tumiAnkoni a mulhako ena aliko ndithu ngati mufuna milhako yanuyo

  5. DPP says:

    Nansongole uyu. Abuse of power.kunditukumula uyu. Usova

  6. obalewanthu says:

    Thom Main ganja mus resign now. Bring back Bisiwick. Ralph is a failure.

  7. obalewanga says:

    Thom Mpingangora must resign. If not no tax revenues will be collected. Bring back Bisiwick take this fool back to Mera

  8. lucky says:

    Kamoto matchaba ako. Ife a lomwe tithananawe tipatse time we are removing u from MRA.

  9. namalira says:

    kenyata nyirenda nzozodo amwene akanena wanena ask PP and MCP gurus za judge ameneyu amamva naye madzi.

  10. Proff. Centvinnie says:

    Kkkkkkkk game tembenu, all of you should follow the procedures, should not act emmotionally.

  11. Kokotowa says:

    Fakeni! Anthu nonse akuba ku MRA tikuchotsani olo mulire pa Nyasatimes!

  12. Agnes says:

    A kajombowo ndie angondinvesa chisoni kkkkkkkkkkkk zongogweramo. By the way Peter Mutharika, Ralph,Shad,and Roza can not work together takhala tikukulangiza koma sukumva even before you sent us these Devils. Zi lope zokha zokha shupit. Officers are demoralised too much kuzimva onsewa tawanwazeni musatinyase apa. Atha Kusala Kamotoyo

  13. mra staffg says:

    Thom Mpinganjira and Kamoto are college roommates. We know what u r up to. Koma iyi Si FDH Thom. This is MRA!! Govt. owned!! Nkaona Bizwick used to ignore you. Ulibe nzeru!! Ndipo tiri nawe ntchito kuno ku MRA. How can you tell Ralph to be firing us like labourers at your farm? Ukatolera msonkho iweyo?? Stupid Thom !!! You r a threat to peters success!! Don’t forget you were Joyce’s favorite. Mastermind wa ERP!!! Watch out!!

  14. Vitolo vyamala says:

    Thom Mpinganjira should resign. Too much meddling into MRA affairs!!! Ulibe zochita eti?? Very poor and emotional chairmanship!!! Ungopangana ndi Ralph zochita without telling ur fellow board members? Nde wanyatu!!!!

  15. Chabecheker says:

    The cg should withdrawal the suspension letter and admit the error;and recommence disciplinary proceedings

  16. Justice Dzonzi says:

    Kamoto formative years were in Deloitte and Touché , the training you get in those firms is top notch. If you apply professionalism , independence and ethics which are key areas that all accountants in Deloitte and taught and live by, you cannot blunder like what kamoto has done. I think he is compromised and acting irrationally. At the same time, shadreck has his formative years in Deloitte and kpmg I think? If he was aiding a crook like masangwi his integrity is compromised and the founding fathers and senior leadership of Deloitte and kpmg will be disturbed to hear this. At the end of the day, there is danger in professionals rallying behind political backing. In the end I think the board should replace both namalomba and kamoto! We need a proffessional and independent managers at mra and not politicians!

  17. The Truthful One from the West says:

    Mr Kamoto should have read section 18 of the MRA Act to know that he cannot on his own suspend a Commissioner. No wonder he is failing to collect enough tax revenue.

  18. inayake says:

    He was just reacting after he saw that one of his subordinates flouted procedures. Lets not sugar coat the whole saga. Mr Namalomba was in the wrong and thats a fact. The issue is that many Tax officials are corrupt but lets put the precedent of innocent until proven guilty into practice.

  19. shaa says:

    shadrich imva izi, distance yourself from masangwi osati phuno bii ndi masangwiyo, koma way i know shadrick ndekutinso iye was getting authority from someone kuti zidutse koma kamoto mwina wadana maye kwambiri namalombayu at first it was his contract now this ii mwina aku tipula dimba limodzi hahaha APM usova

  20. gogoda says:

    Doing business with Masangwi just know u are associating with devil he is mafia that man and Mr Kamoto u have to be careful Masangwi is a killer

  21. KAYIRA says:

    Much as Namalombas conduct has professional question marks; the conduct of Kamoto is bordering much on personal vandettas, nepotism, tribalism and regionalism. This guy has victimized many staff by either sacking them or relocating them to creat his inner circle comprising of his tribesmen (mulhakho) or concubines. The following people have been victimized by CG; Mrs Katsonga, Oscar Matewere, Konyani, Namalomba, Ngutwa and mant more. Mizimu yawo ikulira. Instead you are promoting less competent people like Kajomo, Mankhwala George coz they are your tribesmen. There are so many lhomwes you have favored forsaking other people who are non lhomwes or not coming from Chiradzulu.

    Now if the country remains poorest in the world its because of such leaders like Kamoto. No objectivity when doing things. My Ass .

    1. Rhoda says:

      Agnes musamutchuleso amandipangisa mseru Munthu wodzikonda watsankho and anabwera ndi ndale sanapange interview anamuchosesao Shad amayenera azipita ndithu. Contract ikatha June yi don’t renew it azikalongosola za makwinya ake akukana anti-wrinkle aja

  22. Vitolo vyamala says:

    Ralph Kamoto is very crude in his cruelty to staff. He has so much passion for people’s sufwring including tax payers. As of now about 80 employees are under suspension and 40 fired!!! No wonder he is failing to collect. Anthu angobelatu isanathe !!!

  23. Malawiana says:

    Kamoto kupupuluma!! You are the CEO of MRA , why not sort out your issues using your standing procedure and with patience? Sadist!!!!

  24. Atati says:

    @john, how do you enock? You are the one who inflicted to his detriments.

  25. mbotoma says:

    if boss is involved in round wood gate how do you expect him to discipline his staff.
    He is a bad apple

  26. Think Tank says:

    akumana okhaokha. Pakanakhala wamtundu wina,eh sole

  27. John Suzi Makhawa says:

    Namalomba phuma kwambiri kufuna kusangalatsa Masangwi nanga waona si izi. Politicians especially Masangwi ndi a zilope. You cant learn dude. Masangwi anapweteketsa Enock Tchinga akuvutika heavy. Lets learn to learn lessons.

  28. nanzikambe says:

    Ralph Kamoto, dont you have Legal advisory team at MRA? Why not consult? Why do you want to soil your CV? Come on man….

    1. KAYIRA says:

      He is a big headed man. Mr Know It All (Mr KIA). Mix mulhakhoism. Putting ma tribesmen anzake monona. Achina George, Thodi, Kajombo

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