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.”

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

  1. babazula says:

    who benefit from these mines??????

  2. Goddiea says:

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

  3. Mkalakale says:

    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!

  4. ruth malikebu says:

    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.

  5. Ujeni says:

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

  6. Phwisa says:

    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?

  7. kkilembe says:

    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…

  8. nzika says:

    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.

  9. Chimwemwe says:

    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.

  10. Jelbin Mk says:

    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.

    1. Kanthu Ako!! says:

      Kusowa argument, coma and full stop? ridiculous!!

    2. Kanthu Ako! says:

      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.

  11. Nzinka says:

    Koma zafika pamenepa??? if a minister is not a government employee, the why do they drive MG vehicles, why do they occupy government offices? why is it that government employees reports to them? why are they on government payroll? why do they recieve government benefits including security?? so by not attending interview is the only valid reason the whole of you can give?? it is also possible that the president conducts interviews before appointments…. who knows, komanso muziwe kuti there is what we call head hunting, you go strate to the person you want to recruit and offer them employment…….

  12. Jelbin Mk says:

    Mr Kanthu your level of school is too low the understand this, hire a lawyer he/she will help you understand the legal matters. First and for most who do any minister work for?? Is it not the Malawi government?? Whether your answer is yes or no to this question I put it to you that the minister is an employee of Malawi government with or without a contract. I sued the police officers on a criminal charge of assault not of unlawful arrest. Assault is a criminal charge where if the employee of any company, shop or any government department harasses you while on duty you sue the harassing individual in which that employee can go to jail for overstepping his or her mandate while in a matter where you sue a department or company for compensation it is a civil case in which no one goes to jail but the department or company he/she is working for pays the damage. Thus why i had to sue the police officers not for arresting me but for beating me (i used the word beating because assault is too hard for you to understand) because the job of the police is not to beat people but to arrest and bring the suspect before a court of law anything beyond that invites trouble on both the employee and the employer. And i had to sue the minister of police to pay me for the unlawful arrest where i was not even taken to court and they did not follow procedures when arresting me. They didn’t introduce themselves to me, they didn’t inform me why i was being arrested and they did not show me a warrant of arrest because arresting a person in a well structured democracy is not easy and the police should be well convinced that the person they will arrest has really committed a crime not just hearsays. I think i made my self clear to you now mr.

    1. Kanthu Ako!! says:

      Nice try it does not wash. third time round.

  13. Kenkkk says:

    Kk, your observation is not correct. Vicarious liability applies here. A minister is an employee of the govt not party. A dpp or pp govt is not for their supporters only but for the whole population of Malawi, hence govt. Until you learn to distinguish between a political party and govt, you will remain incorrect. A minister is for whole population not just his or her party. The same with the president, he is the president of the whole country not just dpp supporters.

    Uladi was a govt minister for the whole population not just a pp minister. The problem we have here is the fact that the AG is a very useless partisan person. If he fails to resolve a simple matter of uladi’s capacity, how do you expect him to advise the govt? Indeed he has failed in so many other issues.

    After all this man Saner has sued the govt not uladi because he knows what he is doing unlike our stupid AG. Trying to shift blame to uladi is utter nonsense. After all in vicarious liability cases, sometimes you choose the entity that you feel. can pay or is capable of paying. The govt is the one which has to defend itself and refuse to pay this maverick.

  14. chempelende kwatyosya ng'ala says:

    there is no issue here to hello with this miner. how many Malawians owns mines in South Africa. How long are we going to wake up from our deep sleep hon minister. let him go back to RSA and invest in his country. leave Uladi a lone .

  15. Citizen says:

    @ Kanthu ako
    Stop embarrassing yourself. This is pure ignorance of matter of law. If you don’t understand issues of technical nature like this one please stay away from commenting otherwise you end up putting in public domain your high levels of ignorance and mediocrity. Learn from what Jelbin has succinctly shared with you here. Pathetic. This is an issue of legal nature and not common sense. Poor soul

    1. Kanthu Ako! says:

      You have to write under a new alias to back yourself, Thats ignorance at its best.

  16. Tk says:

    May be amafuna za m’manja ndiye zidalepheleka.

  17. Kenkkk says:

    Nobody has an automatic right to renew a license. If it has come to an end, the licensor can renew or refuse to renew the licence.

    Uladi was representing the ministry or govt, it doesn’t matter if he ignored advice given. At the end of the day he had to make a decision whether based on advice or not. He can take the advice or ignore it.

    The problem is that this govt is failing to properly argue its case against this opportunist man, Saner. Hence shifting the matter to Uladi and indeed as it is doing the same to other opposition figures on numerous issues.

    This guy Saner should not receive even a single penny. Only a stupid govt would even contemplate paying compensation to this man.

    1. kk says:

      Yes you are right Uladi was representing the government, but not as an employee, but as an independent agent, who was advised by his principal what to do and ignored the principals advice.
      Th doctrine of vicarious liability does not apply. A party, not government appoints, not employs ministers.
      The party should be liable.

  18. It only happens in Malawi says:

    Is Kaphale a Lawyer? Is Uladi Mussa Malawi Govt? Are u telling me all the Debts UDF, PP accumulated ,certain individuals have to pay. Attorney General amenewo? Please Nyasa remove the article Amalawi tinganyozeke, kaphale ndi Attorney General.kkkkkkkkkkklk

  19. Jelbin Mk says:

    But what i know is that if an individual working for be it any company or government department has mishandled any matter of any client that has led to loss of business or dignity or any los, the employer is being held liable not the misconducting personnel as an individual. Am writing this out of personal experience. I was arrested by the SA police and harassed both verbally as well as physically and they released me without appearing in court. The next morning i called my lawyer and i sued the police that assaulted me at the same time i sued the police minister for the unlawful arrest which led to the infringement of my right to liberty, dignity and cause of pain. The claim is amounting to R100 000 of which my lawyers are fighting to recover from the SA government not from the arresting officer because the arresting officer was doing so in line with his duty assigned by government. Therefore i see illiteracy of our attorney general to ask the coury to ask an individual to pay on behalf of the government while he was discharging his duty on behalf of the government. No wonder our president is erroring in law because the attorney general who is the adviser to the government on legal matters is so dull as he doesn’t know who is to be held responsible. No any competent court of law can issue such an order mr Kaphale, which school of law did you go to??? Procedurally the government could only take disciplinary action as its employee not holding him liable of his misconduct while discharging his official duties.

    1. Kanthu Ako!! says:

      is a minister an employee of Government? police are employed and have a contract with their employer ( government)

      who conducts an interview with a minister?

      The problem I see here is this idea of looking at everything with political spectacles. How can you compare the Police, who you say you also sued severally, with a politician? so if you sued the individual police persons what is the difference with blaming Musa?

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