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.

Justice Kenyata Nyirenda: Grants Transglobe interim order stopping Fisp distribution exercise

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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vavlov
Guest

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

widzy
Guest

Captain Kenyatta,now its Transglobe why do u like putting Malawi at ransom? Mavutowa sanakukwane?

Nkhoma
Guest

I think this Kenyata Judge sakonda dziko lino. He did the opposite during 2014 election koma Mulungu alipo abambo inu mudzamudziwa!!

Raymond
Guest

anything is possible in Malawi

Rhodriques Majawa
Guest
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… Read more »
kanchenga
Guest
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… Read more »
Makolija
Guest

Iwe ndi Tayub wa Transglobe usatinamize apa

OKORO BANDA
Guest

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.

George
Guest
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… Read more »
Achi
Guest

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.

Joe M
Guest
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.… Read more »
chidanti
Guest

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???

Mzozodo
Guest

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?

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