Uladi should pay K7bn for being reckless : Attorney General  says miner’s lawsuit to Malawi govt should be directed to PP leader

Attorney General Kelekeni Kaphale  has said  government will ask High Court toorder People’s Party (PP) acting president Uladi Mussa to pay miner Michael Saner about K7 billion for being reckless in the manner he handled the issu by  ignoring advice to renew the miner’s licence.

Uladi: Government is having sleepless nights with me and they are cooking everything to destroy me

Uladi: Government is having sleepless nights with me and they are cooking everything to destroy me

Saner was issued a three-year renewable licence number EPL NO 086/200 to carry out a mining activity at Kangankunde in Balaka.

The licence’s expiry date was May 13 2003 and on November 25 2002, Saner submitted an application to Mussa, who was then Minister of Natural Resources and Environmental Affairs, for renewal but it was not renewed.

The miner sued Malawi government and the High Court ordered government to pay him $100 million (about K6.9 billion) which included cost of action and interest.

But  Attorney General  Kaphale said the PP acting president will be liable to pay the money because he acted “with impunity, ignored legal advice by my office and the office of a private law practice contracted by my  office informing him that he could not refuse to renew the licence without following due process and without citing a valid or justifiable reason.”

Kaphale affidavit dated May 11 2016  is quoted in press newspaper that Uladi’s  decision not to renew the licence was in breach of his fiduciary duties under Section 12(ii) of the Constitution to only exercise his power to the extent of his lawful authority.

According to the Attorney General,  Mussa as a public officer administering the Mines and Minerals Act, had a duty to accord all licence holders lawful and procedurally fair administrative action that was justifiable in relation to reasons given where their rights, freedom and legitimate expectations or interests were affected or threatened.

He said the then minister refused to renew Saner’s exclusive prospective licence and, in breach of his express statutory duty, gave him no reasons for the refusal and this did not even accord him a hearing contrary to the dictates of Section 43 of the Constitution and Section 50 of the Mines and Minerals Act.

But Mussa has accused government, saying they are trying all they can to derail political journey , saying  he cannot be liable for a decision he made as a Cabinet minister.

He said DPP government is “busy fishing out what can destroy me.”

Adding: “The DPP is not having sleepless night with me being acting leader of PP. They know I will take them head on.”

Follow and Subscribe Nyasa TV :

Please share this Article if you like Email This Post Email This Post

More From Nyasatimes

More From the World

Sort by:   newest | oldest | most voted
babazula
Guest
babazula
4 months 11 days ago

who benefit from these mines??????

Goddiea
Guest
Goddiea
4 months 14 days ago

Kikikikiki shaaa bwana AG mukuwanamizira sanganene zomwe mwalembazi. Ngati anenadi zimenezi ndiye kuti ndale zimapanga munthu wanzeru kukhala kape.

Mkalakale
Guest
Mkalakale
4 months 14 days ago

Will only call it good move if all other cases are out on table for scutiny-we are talking of attorney generals’ decisions (seems he’s not wary of cabinet minister’s immunity, remember constructive resignation?), former ministers, presidents including wa14 may, wodwala msanayu, chitsiru cha njanje, mayi a mandasi ndi zinazi!

ruth malikebu
Guest
ruth malikebu
4 months 14 days ago

This is the right action Attorney General and this should also be followed in all the departments and ministries,
A lot of govt officials are very negligent when handling issues ,things of this nature can be avoided if we can learn to be professional in our actions, If Uladi defied the legal opinion from AG office and the advice from a private Legal company hired by the Attorney General office, The cost should be pushed to Uladi Mussa, no any excuse , govt should not suffer because of stupid decisions made by one useless cabinet minister.

Ujeni
Guest
Ujeni
4 months 14 days ago

Just send the Miner away…..no need to pay him. Atibera kokwanira ma miners awa

Phwisa
Guest
Phwisa
4 months 14 days ago

Government officials are always reckless because they are not held responsible for their wrong actions. At the end of the day its the Govt which suffers somebody’s negligence. What about Uladi’s citizenship corrruption issues. When is he arrested?

kkilembe
Guest
kkilembe
4 months 14 days ago

The issue here is whether Uladi had personal interests here. Why did he ignore expert advice? I dont think a public servant should just act recklessless and later hide behind the fact that he was making the decision on behalf on government. This Uladi Mussa has a lot to explain…

nzika
Guest
nzika
4 months 14 days ago

We are tired with these nonsense of milandu ya anthu andale all the time,when are you going to develop this so called poorest country?. Now it assurers me that my mother malawi will remain poor,unless these foolish thiefs retires.

Chimwemwe
Guest
Chimwemwe
4 months 14 days ago

Here is what government should do. Since Uladi was minister in government when he made this wrong decision, this is government loss and therefore the government has to either pay or challenge the ruling.

If the government have evidence that Uladi acted recklessly and can link his recklessness to the constitution, then the government must take Uladi to task. He made the government lose money and that is an offence.

Jelbin Mk
Guest
Jelbin Mk
4 months 14 days ago

Guys lets just leave this guy called Kanthu alone he doesn’t know even where to put a full stop, let alone the construction of sentences, he puts a coma (, ) and start with a capital letter that speaks volumes about the kind of a person we are dealing with.

Kanthu Ako!
Guest
Kanthu Ako!
4 months 13 days ago

Read on facebook where people do not hide their names. Looks like they agree with me and are putting it better, not this Political garbage you are spouting here.

Kanthu Ako!!
Guest
Kanthu Ako!!
4 months 14 days ago

Kusowa argument, coma and full stop? ridiculous!!

wpDiscuz