High Court grants injunction to Malawi Law Society stopping Salima-Lilongwe water project

Malawi Law Society (MLS) has been granted an injunction by High Court registry in Zomba effectively stopping all groundwork activities for government’s $500 million (K400 billion) Salima-Lilongwe water project by Khato Civils (Pty) Limited.

According to published report, the injunction granted meant that Khatho, which was contracted by the Lilongwe Water Board (LWB) for the multi-billion kwacha project, must stop all its activities it was already undertaking until a determination of the matter after hearing of the judicial review, unless Khato appeals and succeeds in the Malawi Supreme Court against the order of the injunction.

Lawyer representing MLS, Michael Goba Chipeta,  argues that the water project contravenes the Environmental Management Act as some procedures were not followed.

Khato Civils through its lawyer Frank Mbeta had argued earlier that MLS still had administrative remedies to address its concerns, adding the facts relied upon when the lawyers’ body filed its application for the judicial review were incorrect and misleading.

The Khato lawyers argued the MLS based its case on a wrong assumption that Khato Civils were oblivious of the contents of the Environmental Management Act and had intended not to comply with the legal requirements or unmindful of compliance of the same.

Judge Redson Kapindu, who is presiding over the matter, after analysing arguments from both sides, ruled in favour of MLS.