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.
Follow and Subscribe Nyasa TV :