Fisp haulted as Judge Kenyata grants Transglobe injunction to stop program
High Court Judge Kenyatta Nyirenda has granted Transglobe Produce Export Limited an interim order to stop any operations relating to this year’s Farm Input Subsidy Programme (Fisp) after the company was dropped from list of suppliers.

Lawyer representing Transglobe Produce, Lusungu Gondwe, confirmed that the court granted his client the interim order .
The order pending a judicial review means that the Ministry of Agriculture, Irrigation and Water Development will not proceed with the program which was launched last week.
According to the court order, Minister of Agriculture, Irrigation and Water Development Joseph Mwanamvekha and Chief Executive Officer (CEO) of the Smallholder Farmers Fertiliser Revolving Fund of Malawi (SFFRM), Andy Kalinde “must forthwith complete the public procurement process under Fisp by allowing the applicant to participate in Fisp.”
However, the Judge have given the defendants a chance to apply to court any time to vary or discharge the order which stops all sakes of farm inputs by suppliers under Fisp.
Justice Nyirenda said any action to lodge a discharge of the order, the Minister of Agriculture and SFFRM CEO will need to inform lawyers for Transglobe within 48 hours.
Parliament’s Committee on Agriculture and Irrigation recommended to exclude Transglobe Produce Export Limited from the list of this year’s Fisp suppliers allegedly because it was under probe by the Anti-Corruption Bureau (ACB).
In July this year, ACB arrested one of Transglobe directors, Rashid Tayub, alongside former Minister of Agriculture, Irrigation and Water Development George Chaponda in connection with government’s procurement of maize from Zambia.
Transglobe questioned whether the committee correctly appreciated and discharged its constitutional, statutory and administrative law duties in relation to its decision.
Further Transglobe argued that the committee’s action substantially and significantly affects its fundamental right to economic activity and business life as investigations, criminal or otherwise “are no bar to enjoyment of its right to economic activity until due process of law dictates so.”
Malawi government designated conrrcat management for fertiliser suppliers to SFFRFM.
Attorney General Charles Mhango declined to comment on the matter.
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Kenyata’s credibility is questionable. The company in question was involved in the maizegate scandal, so why should they participate in the FSP? Transglobe should be banned in Malawi. To hell with these asshole thieves
Captain Kenyatta,now its Transglobe why do u like putting Malawi at ransom? Mavutowa sanakukwane?
I think this Kenyata Judge sakonda dziko lino. He did the opposite during 2014 election koma Mulungu alipo abambo inu mudzamudziwa!!
anything is possible in Malawi
I understand the people’s anger in Kenyatta’s decision attributed to the fact that the rains are just around the corner hence fertilizer shall be in great demand but let me remind you my fellow Malawians that the courts work on facts they are presented with and not the emotions of the parties involved or any other outsider(s). I guess we all understand that Malawi is a free market economy and its inhabitants have the economic rights that allow them to participate in any legal business endeavours regardless of nationality, race, religion, gender, political affiliation or otherwise. If Transglobe has a genuine case in this matter, then the court was right to grant the injunction. Remember that the State lawyers have the right to apply for vacation of the injunction and if their arguments are correct and enough for the court to decide in favour of them, then let them take that path.
Iwe ndi Tayub wa Transglobe usatinamize apa
Majawa you need to understand that any law or legulation that is not based on a moral ground is a transgression of justice. Remember everything Hitler did in Germany was legal but the world condemns it now because it had no moral justification. Obviously Transglobe has no moral ground to continue doing business in Malawi except that we have a foolish leader and corrupt lawyers like Kenyata. If indeed you can justify the suffering of all those rural farmers next season just to enrich a morally corrupt company under investigation you should be a very sad person who thinks money can give you peace. Be aware though Ceasar. Brutus slowly but surely is coming.
Transgloble is taking Malawians as fools now. He brought un edible maize into the country and now he wants to mess up with subsidy for the poor. This is very bad. Mr. Judge, you should have been sensible with your determination.
Can we also get an INJUNCTION stopping raining season starting in early November (less than a week to go) in most parts of Southern region and that it starts until Transglobal supplies FISP farm inputs. Delays in FISP program affects those targeted needy farmers . lifting out the vail, the targeted needy farmers are at ransom as they may miss out planting with the first rains. What purpose will it serve if the inputs are supplied late down the rainy season!
Implication is late planting mostly ends into poor harvest, which would likely lead to poor country wide harvest, thereby creating new food shortage situation in the country. wondering; is it a way to create a new market for the unsold expensive maize (maizegate reserves), which ADMARC is still holding trying to sell at K12,000/50kg (on open market maize 50kg bag ranges as low as K5,000 per bag)?
My beloved country! If it were a local Malawian business, it would by now be closed. Koma poti ndi obwera komanso achuma chomwe akungotibera akuloledwa kupitiliza business.
Ma judge nanunso kumaganiza popanga zigamulo zina, the rains are about to come and the whole country should be taken to ransom just because of one company whose economic activities in the country are questionable and let alone owned by a foreigner. Do you know a mwenye awa akutizunza a Malawi amene tikuwagwilira ntchito. A Malawi dziko lathu sitilikulikonda, uyu ndi olemera kale and whether Transglobe participates in this years FISP or not will not change his economic status but the programme is for million poor Malawians. Thats why judgicial system ya ku Malawi is one of the most corrupt. Sitilikulonda dziko lathu ndithu and GOD is angry with us thats why we have so many problems with no solutions in sight.
where are you getting the power to hold a whole nation a hostage dikila ayise feteleza akangochedwa tiwona nawe chochita. nanunso ma judge pena mumatidabwisa kaya kuphunzira kwambili kaya zovomera izi???
Chidanti, mwinadi kuphunzira kwambiri, nzeru zinawapengetsa. holding our poor brothers and sisters in Maraka, kambale, Mhuju, mtunthama etc at ransom because of these selfish and greedy Indians who just steal from us?
Judge uyu otchedwa Kenyatta amandinyasa kwambiri. Chimunthu chanji ichi chopanda nzeru
Transglobe is a company whose majority shareholders are Indian but operating in Malawi. These major shareholders do not value maize at all and the need to have fertilizer timely .All the care about is the money that comes out of duping us as a country-and that’s why they were involved in Kaloswe-Maizegate. Tell me, if this was in India, would the Indian government grant an injunction to a company whose major shareholders are from Malawi? HELL NO! Kenyatta should have used common sense. Yes our country is a free one where everybody is free to trade but when you are under investigation by the ACB, how can government be dealing with a company that has suffered moral turpitude? It does not make sense to me. My advice to Kalinde is to apply to the High Court to vacate the injunction .The ACB should come in as amicus curae (friend of GOM) or of Malawians in the application.
Izizi zoti amwenye aziti dziko ndi wanu koma ndalama ndi wathu zither and they should be put in their rightful place. Next should be the Lebanese and Pakistanis that are busy running shameful madrasas behind governments back without shame and teaching our people wrong things. After that deal with Nigerians that are busy bringing drugs into the country and spoiling our children-especially at KIA. We do urgently need sniffer dogs to smoke them out
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