CSOs slapped with K80m legal costs over Lake Malawi water project case: Khato wins

December 25, 2017 Nyasa Times Reporter 28 Comments

Two  civil society organisations   – Youth and Society (YAS) and Centre for Human Rights and Rehabilitation (CHRR)  – whose application to  replace Malawi Law Society (MLS) in the Salima- Lilongwe Water Project case has been dismissed by Malawi Supreme Court of Appeal will have to cough out an approximately of over  K80 million as legal costs for their litigation.

Theu: Represented the civil society organisations

Mzuzu-based YAS and CHRR will have to pay the amount which is 80% of the total legal costs of a case which they  resurrected through a fresh application as ordered by the Supreme Court of Appeal Judge Lovemore Chikopa.

On November 15 and 24 this year YAS and CHRR filed an ex parte notice of motion with the Supreme Court to either join or substitute Malawi Law Society (MLS) who months ago obtained an injunction to stop Khato Civils from undertaking the Lake Malawi Water Supply project.

MLS wanted the High Court to review a decision by Lilongwe Water Board (LWB) to award Khato Holdings a contract for the project before an Enviromental and Social Impact Assessment was done.

However, both the Supreme Court of Appeal  threw out MLS case for lack of understanding of the technicalities of the project.

In a ruling dated December 22 2017, Supreme Court of Appeal judge Lovemore Chikopa said the wishes of both CHRR and YAS have not been granted because at the time of making the application, whatever proceedings had existed between MLS and the respondents, Khato Holdings, had ceased to exist after leave had expired and there was no renewal.

YAS and CHRR also sought from the Supreme Court an extension of the time within which to lodge the matter before the full Court for the reversal, variation or setting aside of the decision of the single member, Justice Chikopa.

But Justice Chikopa said the application for extension of time cannot be granted as both YAS and CHRR have no standing to bring the application and are not yet to become parties to the proceedings in respect of  whom the order was sought aside from the fact that they did not have a good reason on the basis of which extension could be granted.

Now that the application has been thrown out, the two organisations and their lawyer Bright Theu have to deal with settling of the huge amount.

Affidavits for YAS and CHRR were signed by Charles Kajoloweka and Timothy Mtambo respectively.

CHRR executive director Timothy Mtambo said they reserve theirt  until they get a briefing from their legal counsel  Theu

The recent ruling clears way for Lilongwe Water Board to proceed construction of the Lake Malawi Water Supply Project which has missed several deadlines due to court litigation.

Lake Malawi Water Supply project will upon completion pump, purify and move 100 cubic metres of water from Salima to Lilongwe City everyday.

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28 replies on “CSOs slapped with K80m legal costs over Lake Malawi water project case: Khato wins”

  1. Good that these stupid CSOs have been shown an exit door. You cant just oppose anything when the Lilongwe residents are going through water problems..Stupid

  2. “Mzuzu based YAS and CHRR?” Does this not mean something wrong with these Yankees or it’s a mere coincidence?

  3. “On November 15 and 24 this year YAS and CHRR filed an ex parte notice of motion with the Supreme Court to either join or substitute Malawi Law Society (MLS) who months ago obtained an injunction to stop Khato Civils from undertaking the Lake Malawi Water Supply project”

    Maybe my understanding of legal processes is basic, but how exactly does a judge ruling that
    (a) ” the wishes of both CHRR and YAS have not been granted because at the time of making the application, whatever proceedings had existed between MLS and the respondents, Khato Holdings, had ceased to exist after leave had expired and there was no renewal” and
    (b) that “the application for extension of time cannot be granted ”

    amount to a K80 MILLION KWACHA legal bill????

  4. Khato kuzamupasa Mtambo yakumbuyo pamenepaja. Yonse yomwe amakonda Mtumbuka Mtambo mpaka ice cream. You stupid CSOs you cant be the jacks of all trades. You need to focus solely on mathanyula. SDG #4 is very clear on access to water and you want to deny people this access. Shame on you atambwali inu. Kajolowela please go to KK and buy more weed paja iwe chamba ndiye umadya chambili. The govt has good plans to develop this country and you are busy bringing in nepotistic remarks like your leader of oppossing fools in parliament

  5. Mbonga Matonga, one major reason why Malawi and Africa do not develop is under-utilisation of resources. If Lake Malawi belonged to Mzungu-land it could have been effectively used to pump clean water, generate electricity, produce bounty agriculture (crops, fish), profitable tourism etc.

  7. Yes. No wonder we are not developing. Every organisation wants to feel important. Cough up now. Good lesson. Dont mess with the super league.

  8. Big boys don’t embark on huge projects without reinforcing themselves with excellent legal advice Khato are taking in these projects because there is so much in for them otherwise why would they risk taking in such work. Wake up guys this is no ordinary businessman. He is sharp and witty and I can assure you he knows when to cast his last dice. Many could learn from him

  9. This proposal to pump water from lake Malawi sounds like a very good idea on paper but in reality it is not…..in fact in the next few years Malawians will realise that this was just another gimmick for those in power to make a fortune out of it….

    I know for a fact that most Malawians suffer from logic deficiency, so I will try to make a few points below to try to jog your memory….

    First of all mine is a question, does those people who are advocating for this project know how much electric power would be required to pump water all the way from Salima to Lilongwe?

    I know this sounds like a silly question to ask but, as a country we are failing to generate enough power at the moment to serve every household let alone our industries, so where on earth are we going to get the extra amount of power to pump water from the lake?

    And let me remind every Malawian that the excuse we are being given for the nonstop blackouts in our country is that there is no enough water in lake Malawi to generate power at Mkula and Tedzani falls, and yet they want to pump more water out of the same lake and expect to generate enough electricity at the same time……where is the common sense here….

    We are also being told of another project on Linthipe river in Dedza to create a dam for the same purpose of supplying water to the city of Lilongwe, how much water does Lilongwe city need to justify these two enormous water projects to run concurrently?

    Is this not the reason why our country has remained so poor for 50 years, because we are being led by corrupt leaders who always put the priorities of our country upside down for their benefit?

    Please stop this Salima water project now and sort out the electricity issue for our country to develop……this is the first priority…..

    1. Thanks very much for your concerns. Our main problem about electricity blackouts is not the low levels in Lake Malawi and Shire River. Escom if a problem my friend. WHY? It has failed to invest in water harvest. Its a fact, whether you pump it to Lilongwe or not the status will be the same, Our Lake Malawi will still go to Mozambique. We need this water for farming as well. Just encourage Escom to invest in water harvest and conservation. Stay blessed.

    2. Your perspectice z all based and focused on the present and nothing about tge future. Secondly u are basing on fears lik do knw how much electricity this wud require, but u dont even know tht urself. Thus ua not arguing on facts but mere fears…..then u conclude stop the project? Oh
      1. Lilongwe is fast growing and tge need t source water not only for today but for years to come z non negotiable.
      2. In as far as magetsi anthu ndiosakwanira panopo, it doesnt mean Malawi shud stop developing new industries. Rather mire efforts shud b made to geñerate more power.

    3. I see u have a lot of nonsense in wat u are calling logical argument. So govt should stop the salima water project bcoz there is another Linthipe water project? You are sure Lilongwe does not need all this water??? The problem, we are facing electricity challenges today is because of the same myopic decisions like yours. We dont need to wait to see the problem and then start running up a down. We need these water projects in all the districts from chitipa to nsanje.
      Just for your info, soon most of our electricity will be generated from coal and thats the way to go. So dont worry about water level of lake malawi.
      Osamangoganiza ngati wandsle everytime. For our politicians are corrupt but that wont stop as long as they are human beings like u.

  10. Let the water project continue. Let this project show those with little brain why malawians need to take care of the lake and not spoil it with hazardous industrial activities within its precincts.

    This project is one of the many useful ways our lake will stimulate economic growth in future.

    STOP OIL DRILLING PLANS NOW!

  11. The question one was to ask was whether the project is beneficial to the populous or not, and not the way contract was awarded. That’s why I like the dictatorship displayed by the Chinese. That’s why there is a famous saying that whether a cat is black or white, as long as it is able to catch a mouse, the cat is a good cat.

  12. Good lessons to YAS and CHRR. Kutsutsa kongofuna kubwezeretsa chitukuko mmbuyo as if it’s not your country. Ndale kongofuna kutchuka kuti mumadziwa kutsutsa. Akhoti achita bwino. Mulungu amaona

  13. i hope mtambo and kajoloweka have learnt their lesson. I doubt if they could have acted the way they did if the water project was meant to supply water to mzuzu city.

  14. Thus the price of biegn arrogant by persuing matters in courts without valid facts by the way where were you in the first place? Just pay up the costs and stay put if indeed you are transparent may you disclose all the funding and thier expenditures you have received ever since under the disguise of Malawi so that we ascertain if all the funding have been directed towards the intended purpose? Thats a lesson best learnt

  15. Kodi Atumbuka, why do you hate development? Justice Chikopa is an outstanding judge. Zanu Atumbuka muzikapanga kuthengere komweko.

  17. Well done the courts. These CSOs are idiots – they are previledged and yet make money out of foolish campaigns aimed at blocking development. Their goal being to frustrate government. Let them pay legal costs without moaning. The Lake Malawi Water project is crucial to what will be increased demand for water for Lilongwe etc. Otherwise in a few years time, we will be having water shortage the same way were are facing electricity blackouts now. The Mutharika adminstration is trying to increase access to clean water, for goodness sake!

    1. justice chikopa is one of the best judges , you need to do your research well , check all the cases he has presided and you will see that he is the best Judge, no wander he is serving in the Supreme court of Appeal

    1. Tribalistic litigation has received its deserved price. Cough that money or face bankruptcy proceedings. its sad kajoloweka the Chamba smoker from Mzuzu wants to make a name from the suffering of the dwellers of LL. shame to you kajoloweka and your masters the Livingstonia synod

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