Attorney General files motion to vacate injunction on Chaponda in ‘maizegate’
The Attorney General’s office has filed a motion at the High Court in Mzuzu to vacate an ex-parte injunction a private individual and three civil society organisations obtained last Thursday asking the Court to suspend Minister of Agriculture, Irrigation and Water Development George Chaponda to pave way for smooth investigations on the maizegate scandal.
It is not clear as to when the court will rule.
Attorney General Kelekeni Kaphale argues in his motion that the Court does not have the jurisdiction in a judicial review on administrative action andthat the application by the civil society organisatons “ does not disclose an arguable case or serious questions fit for further inquiry at a judicial review hearing.”
The maizegate scandal is a suspected corruption elecment where Agricultural Development and Marketing Cooperation (ADMARC) reportedly bought maize at K26 billion from the Zambian company and it is believed that Malawi could have saved about K9.5 billion if it had bought the grain directly from the Zambian government.
The Court has set Tuesday 17th January, 2017 for the initial hearing of the Attorney General’s application.
The CSOs that were led by private individualCharles Kajoloweka – are Mzuzu based Youth and Society and Church and Society Programme and the Lilongwe based Center for Development of People.
Their action follows Mutharika’s appointment of a commission of inquiry into the allegationsof corruption and malpractices into the Zambian maize procurement saga.
Kajoloweka and the others argue that failure by Mutharika to fire Chaponda will compromise the outcome of the Commission of Inquiry on maizegate as a line Cabinet minister, he may interfere with the investigations.
Justice John Chirwa granted the injunction on Thursday, effectively suspending Chaponda from cabinet and allowing a judicial review as the CSOs argue that Mutharika erred in his choice of commission of inquiry.
Chaponda, who was served with court papers on Thursday, faces contempt of court charges and possible arrest if he does not duly comply with the High Court order.
The judicial review application filed on Wednesday afternoon under civil cause number 01 of 2017, liststhe respondents as: Chaponda as first respondent, the Attorney General Kalekeni Kaphale as second respondent and President Peter Mutharika as third respondent.
While the applicants are: Charles Kajoloweka as first applicant, Youth and Society as second, CCAP Synod of Livingstonia (Church and Society Programme) as third and Centre for Development of People as fourth.
In the AG application filed on Thursday, the executive arm of government wants the second respondent, the AG Kalekeni Kaphale struck off the case because none of his decisions, actions or inactions are under inquiry in the intended judicial review application.
Further they want to Court to remove the three CSOs as parties to the application saying they all do not have sufficient standing in the case.
Meanwhile, law professor at the University of Cape Town in South AfricaDanwoodChirwa has applauded Justice James Chirwa for doing his job saying if a President fails to uphold the constitution he swore to defend, it is the duty of the courts to remind him of his constitutional responsibilities.
“The so-called commission of inquiry is a facade aimed at shielding the suspects from accountability. There is no need for an expensive commission filled by political cadres to investigate this criminal issue whose facts are easily ascertainable.
“There are qualified investigators within the law enforcement agencies who can get to the bottom of this within days, not even weeks,” Chirwa said.
- The Centre for Investigative Journalism Malawi (CIJM) supported this story.
Namachero kulidoli nakuti nawamaso yachoko nayo wamuwoneskeska kudodoliska kuti dodoli ngati wakulawiska musumba “BUNDI ilo”! pa Mzuzu high court
Iwe chitsiru MCP Die hard kodi nkhani ya a Tumbuka ndiiti apa? This is the reason why MCP is afraid of even stepping across the Bwanje River. A Tumbuka akulakwilanjinso apa. Kodi Judge Chagona ndi Ntumbuka? So there should be no judges from the North in this case in your brainless head? Kulimbanana ndi mtundu wa Ku Mpoto chifukwa chiani. Do you know that even the Dictator you call Kamuzu Banda also came from Nkhata-Bay? And is Nkhata-Bay in Kasungu or Lilongwe? Matako ambuyako wamva? The issue here is about justice and not who sat on the bench to rule out. It is not only the people from the North who went to court here. Trepence amachokera ku Mpoto? Nyini yambuyako wamva. Mboro yako usadzanenenso za a Kumpoto or a Tumbuka. Kodi siungathe kugona opanda kuchulapo anthu a Kumpoto. Usantukwanise iwe MPC Die Hard. Muntu wako wamva. Ngati ukufuna unipeze pa Bwandilo lero mid night. Mbuyako wamva?
Namaliya N.G. you too are using a pseudonym. We know it. If the government can use MRA to close the entire Times Group and Chawowa or Ngaunje people is it not itself responsible for people hiding their real names. There is no freedom of speech in this Government. They would come and Chasowa you or Ngaunje you if they knew your real identify. Open your eyes Namaliya. Perhaps you too do not see the wantom corruption going on in this country. Kugona basi!
Chaponda and Mutharika you were hiding in the USA while bona fide Malawians were bearing the wrath of Kamuzu Banda. You really do not understand the pain we bore. Chaponda is even not wanted in his own village because of his own cruelty. Time for shielding one another is gone. Malawians have had enough. The truth must be out. Do you two know the conditions under which poor Malawians undergo in our hospitals. Do you that up to five children sometimes are packed in one bad at our referral hospitals? Do you how guardian shelters look like in our public hospitals? Do you know that until now our children learn under trees? Time for intimidation is gone and Malawians will never be cowed by you two. Even your fellow politicians are quiet on this because they know the extent of this corruption. If the CEO of ADMARC can be put on leave why should this ugly looking old Chaponda not be? La 40 lakwana and will not be reversed. Bravo to our judiciary. And this bitch so called Solicitor Jane Banda stop your nonsense. Time will tell and one day you will see the wrath of Malawians. The so called Commission of Enquiry is not the right one and must be abandoned. There are better and more qualified people who can handle it. Retired Chief Justice Anastazio, if I were you I would recuse myself because this type of enquiry will not dent your beautiful history.
The very idea of using pseudonyms smacks of cowardice and ill-conceived intentions by the publisher’s and subscribers, I think. Eeeh, this is my opinion.
Namaliya N. G., usamayankhule ngati ndiwe mlendo ku Malawi kuno kuti sukudziwa zomwe zimachitika. People use pseudonyms for obvious reasons as anthu amasakidwa ngati nyama ndikuphedwa mosadziwika bwino akadziika poyera podzudzula boma mzolakwika. It’s not cowardice as you call it, but Phukusi la moyo saasungirana, wamva? Iweyo ungaigwire njoka ndimanja? Cholinga ndi kufuna kunena maganizo awo kuti boma limve ndikusiya mchitidwe woipawu komanso kuti lidziwe kuti anthu akuona zolakwazo. They have no ill intentions but to assist government. Ukuyankhula ngati sudziwa zochitaza DPP bwanji?
If all subscribers to Nyasa times were not liars, cheaters or thieves themselves, there would be no reason to use code names!
aMalawi sitizatheka! Kodi aChaponda what are the allegations levelled at him? What is his involvement in this whole saga? What exactly is he supposed to have done? Ine l really don’t find reason to have Chaponda suspended? Being a Minister he is responsible for policy management and not operation of a statutory body under his purview. Mulumbe being CEO of Admarc is responsible for the ongoings at Admarc unless he personally alleges inteference of Chaponda in the purchasing of maize from Zambia. Our courts they are so out of touch with common sense and they can’t even interrogate issues brought to their courts and are just trigger happy just granting injunctions like confetti! Appraise and interrogate issues before you grant tima injunction tanuti topanda nzelutu. The courts should vacate this nonsense!
The government(MOH) suspended 60 employees (for investigation)of which some were not directly linked with the cashgate in the district hospitals why not ndi iyi yachidziwikileyi ya ndalama zankhaninkhani.mmm kulimbikitsa corruption
It’s good to see a judge taking his responsibility in a case that most lawyers could shun away from. The problem in Malawi is that most of the so-called educated don’t want to get seriously involved in openly challenging the mess that is happening in the government and civil service. It’s always discouraging and sickening when you read in the papers that such such a lawyer expressed their opinion on an issue and does not want to be named. If a lawyer is such a coward then who can come forward among the common citizenry and challenge the government? We need an educated society that is ready to stand up and upheld the constitution but unfortunately in Malawi even the so-called educated are too self-centred to the extent that they don’t stand up for the good of the country when it matters. It’s all Noise Noise and Noise. Where are the so-educated courageous people? Where are the so-called lawyers who can defend openly the constitution in Malawi? Malawi has been failed by the so-educated people.
Chaponda will one day rule Malawi. Atumbuka nonse mudzakomoka ndi high blood pressure. Tawonani pano mwayamba kale kudzibibila.
Okoma Atani, are you a Malawian or not? Ndikuuze mawu a akulu ‘Kunena kwa ndithendithe, Nanthambwe anadzitengera.’ & ‘Nthanga kunena adathawitsa likongwe wa apongozi.’ Chaponda wake uti wodzapanga rule Malawiyo? Nkhalamba & mfiti yotha anthu, ali nkhope ngati kuthako kwa nkhumbayu? Anthu enanu mumandimvetsa chisoni. Muli ndi maso koma simupenya. Muli ndi makutu muli nawo koma simumva. Muli ndi ubongo koma simuganiza. Nkhani ili apa si ya a Tumbuka koma a Malawi. Ndiwe wodontha ngati Mutharika. Apatu wakufa sadziwika koma Mulungu atimenyera nkhondo!
But why the whole professor failing to think obligation which 16million plus entrusted him to do on behalf of them. Yet he made an oath to protect the rule of law. Koma abale anguruwa bwanji thinking to low. That’s why we are not eager enough to secure our only and one beautiful lake God gave us because of our stupidity. These shallow minded grinning hyenas only wants to get rich at the expense of poor malawians who are languishing with poverty without thinking these poor people casted their votes for them. I cry for my country. God the Almighty why did you create this country and call it Malawi?…… We are heavily taxed yet we are also robed at day light. This is total corruption. Even this case can’t go ahead because the judge will fear pursuing the case further after retrospect and remembering what happened to the family for one ISSA NJAUJU. But God the Almighty is my answer. We had WAMUYAYA in his era. Even you GORILLAS you are aware that you were forced yourselves for exile. Indeed GOD is my only answer…….. WATCHING YOU WITH ANXIOUS KEEP ON ENJOYING WE ARE NOT STUPID AS YOU THINK ONE DAY YOU WILL DANCE YOUR TUNE AND TONE……. Mbiteeeeeeee
There is something big you know for you not to fire him. Its either you are at the top driving the whole process. Thanks to zodiak who today rebroadcasted tiuzeni zoona in which on ur innoquration speech you talked more on how to fight corruption but u are doing quiet opposite of the reality.
Sometimes for you yo really do what is required is by reflective practice by listening yo such speeches made by urself.
I thank the Lord God almighty that even though peoples complaints can turn into a song with loud volume but u have chosen not to adhere to the peoples calls and needs. Thats what God can do by influencing ur hearing organs to become deaf and maintain ur stubornness which will drive to easly changing of regime come 2019. What u are making is history that will never be rubbed off.
Lastly, for all of you who thinks this is Tumbuka …… Watch out. I repeat watch out. If people are concerned with issues of national importance it should never be used to divert peoples minds. Worse is to come continue to remain deaf with ur dirty cabinet. Freedom is coming tmrw.
Anthu awa onse ndi mbava chabe
Why is it that Chaponda is so important in this government? Something is wrong with the whole system of judicial. In every democratic nation Chaponda should not be in the office to give the chance to investgators. Even judicialy are corrupted. The whole Malawi is corrupted. Onse wakumba. Have destroyed Malawi as a nation. The only remaining is revolution. Lets go on The Streets and say enough is enough. Why are we afraid? If we die we die in our country and for our rights. Dont let few individuals destroy our lives for greedness. Judicialy is to protect people with law. Their professional should apply not looking at the mans status. Should we put a bullet in Chaponda and hus stupid Peter for judicial to understand the ager of people? OH! Malawi is not far from ungry revolution. Wait. Peter is risking his life. His brother tried pressure was too much and cardio arrest. Peter is not health so he will go the same way. A Chaponda asanganiza will rule Malawi. Tembo tried but will die as NO president. Abale abwele a British atunkozeleko chalo pena. Zingalamba zochokela kwa America useless opportunities. Abwela kuno Kumba alemele ndindalama zawantu wosauka
Can’t you see that this is a Tumbuka scheme. Do you see any name from central and South. Watch out Even this idiot lawyer Chirwa where does he come from.He is from the North.
CHAKWERA should step down for telling lies. He told the nation that Mutharika was encapastated. A big blue from so called a man of GOD
Malawi will never develop.Kamuzu messed us up . Up to now we can’t trust one another
Who do u prefer? Palibe mwinatu? Kalamba zopande mano izi Palibe achitapo. So we Have to have Chakwela. Peter ndi Chaponda desaster. Antu awa ndiwakumba. Chaponda ndimene amubela Peter. They are a team. Ndalama zipita KU account ta America. Ndi KU Singapore. We need international investgator to investgate money deposted by Malawians leaders and minister abroad. This is very easy to do. But Africa has never asked for This before. We are enriching rich countries. White we get very little in aid. The same money they steal take abroad. NO wonder they can not stop giving US aid because they know Who benefit it. Stupid Africans we are still in colonial. The African leaders are stupid. What Trump said is truth.
The fear of God is the beginning of wisdom,do our politians swearing in as ministers carrying a bible in their hands really fear God? If they fear,to honestly,why can’t they allow to bow down through the people who recognise them as servants not bosses to pave way for a thoroghly investigation? they are so many ministrs involvd in poor cases.
If the hands of the accused are clean, why can’t the bulldozer pave way for thorough investigations. And from what has transpired in the last few days, comments from one of the commissioners, should we expect unbiased report of the so called commission of enquiry? Search me. Kukhaladi mMalawi ndikulimba mtima
…..and Malawi wonders why it is not developing. Energies and resources spent on matters that only needed sober and calm thinking..everyone thinks is wiser than all other people.
Koma ngati pa dziko la pansi kukanakhala chipani chomwe chikanayamika CHAUTA ndi DPP kuchoka mBOMA mwanjira ya imfa ,mwamwai mkupeza 36% mkulowa mBoma Instead of increasing the % busy reducing it,calculate months to elections only 23 months only,plse set your house inorder,wakusina mkhutu ndi mnasi,when I remember that time when you were outside government mmmmm not good.
Ngati munthu akulephera kuchita suspended ndi bwino court litero. Mbava za wanthu Shupitiiiiiiiii
If someone vowed to uphold the rule of law why is he staring at a gun that is to shoot himself. Why waiting for people to tell him what to do yet he said is geared to fighting corruption? Why waiting for other evidence if people have directly brought the name of those who were involved? What is he waiting for if the Admarc boss has been sent on forced leave. Who do you hide from and who doesn’t know that ur blood is full of corruption colours. Why him what’s so special with your so called Aggr minister. If there is an out cry from the general public what else do you need to be informed with that people are not happy. Mmmmmmm u are such a difficult leader who doesn’t deeply understand the poor peoples needs. Shame.
ngati mukunyalanyaza kuchotsa anthu okhudzidwa popereka mpata KWA ofufuza, tioneka opanda zeru. its normal kuti bwana WA office yofufuzidwa amapita Kaye Ku tchuthi, sizitanthawuza kuvomera mulandu koma kafukufuku ayende bwino. zayambikazitu zidzetsa kusagwirizana pakati pa executive ndi makhoti.tsono ifeyo zidatikwana.
Mmmm, zoona AG?????
Attoney General ndiwe mbuzi ya mano kumsi, kape weniweni. Akuika chibuns kukamwa eti? Utseguka nacho mmimba ndithu. Ambuye kumwambako imvani kulira kwa ana anu kuno ku Malawi. Penyani misonzi yathu. Akantheni ndi wachiponyeponye, muyambire Peter, George ndi ena onse akutizunzawa. Zikomo potiyankha. Amen!
Indeed the commission of enquiry is a facade to shield Chainsaw if what the solicitor general wrote is anything to go by. To make matters worse the solicitor general, Janet Banda, sits in the commission already with her prejudged mindset of seeing no case in the allegations and actions taken by CSO’s and courts
Wow….this thief Chaponda disguised as public servant is a “jewel” of this admisntration.So prez can’t even touch him…..this is an exhibition of 100 percent tolerance on corruption.Enough about this nonsense”can’t fire/suspend anyone without facts.”….The international democratic standard is to temporarily relieve an officer of his duties till investigations are complete.Mr President,….I have this to say,,,,you are a coward sir!…