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.

Lawyer Goba Chipeta: Court injunction granted 

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.

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Katswiri wa za chilengedwe
Guest
Katswiri wa za chilengedwe

I an environmental science expert, i agree with Malawi Law society. Let us follow our laws. MLS is not saying the project should be abandoned but we should follow our own laws. Kuthamangira ngati uku ndikumee kunapangisa dooko la ku Nsanje kusagwira ntchito up to now.

Ngati tikufuna ma shortcut, tiyen tichose malamulo. Fullstop

Rhodriques Majawa
Guest
My father is a Yao. He married a Mangánja. Me myself and I married a Tumbuka. My wife’s step father is a Lhomwe. Currently, I am living and working amongst the Chewa in Kasungu. So where do I belong?? It saddens me deeply when I see or hear some people attack fellow Malawians simply because of tribal differences and that is the more reason we can’t develop together as a nation. We are already divided and it doesn’t surprise me seeing other nationals getting rich using our own resources whilst we keep getting poorer and poorer simply by lack of… Read more »
Chibet
Guest

Dpp government is capable of introducing useless projects mapeto ake nkuwononga ndalama. Taganizilani za Shire zambezi water project, ma billion ambiri anagwirisidwa ntchito koma lero phindu lake ndi chani abale ndi alongo. Musinje wa lilongwe sindiwawung’ono koma poor government planning. Amalawi tamachitani zinthu ngati ndinu anthu. Zeru ngati za Peter zo nzimene zikumachitisa kuti dziko la malawi likhale losarira pa china chilichonse.

Chibet
Guest
I have read your comments guys especially from you Ngonoonda and Spade. It is so sad that in this modern society we still have people who enrich themselves with mental incompetence and hatred. The most interesting and amazing thing here is that you’re able to read and understanding things better. I was born from a (malawian Tonga )father and a south African mother. In Malawi I grew up seeing Nkhata-Bay water board failing to pump water from lake Malawi at Mayoka beach in Chikale. I must say here, nkhatabay pa boma is one of less populated towns in Malawi. However… Read more »
Hlabezulu Ngonoonda
Guest
Nyasa Times, kindly get hold of the ruling of Justice Kapindu and post it on Nyasa Times online news. Let everybody read the arguments which Goba Chipeta advanced on behalf of the Malawi Law Society in the application and those of Frank Mbeta which he duly argued in defence of Khato Civil Engineering. Readers should read it and make their own opinions. Readingcomments posted on Nyasa Times online news, it seems that some quarters are annoyed to read that Malawi Law Society has been granted reliefs they sought in the application. That is because their legal practitioner, Goba Chipeta, presumably… Read more »
Mzika
Guest

500 million dollars that’s just too much….. It shows Malawi is capable of eradicate poverty only if we know wat we want

sakaza ononga
Guest

I THINK MALAWI LAW SOCIETY WILL HIRE ANOTHER COMPANY TO CONSTRUCT, THIS OR WILL GIVE OPTIONS FOR THIS PROJECT, THE END RESULT IS THE LILONGWE RESIDENTS WILL CONTINUE DRINKING WATER WITH BIBI.

Spade a Spade
Guest
The title should have read High Court grants Tumbukas injunction against Lilongwe Water Project. Because that’s what has happened. Malawi law society is a front for lower disgruntled tumbukas trying to frustrate national progress in their hunger for power. Mukhaulabe atumbuka. You will never run this country agalu inu. And don’t think we don’t know what you are doing. The so called electoral reforms 50 plus 1 will not work. Apm and Atupeles votes plus those of ntcheu ngoni and tongas will give us 65 to 70% of the vote and you tumbuka coakroaches will remain out of power together… Read more »
Chambe
Guest

I come from the South too but I disagree with this comment of hate. I fully support and agree with Chipeta as I was also concerned that a project like this has no environmental risk assessment document dully approved and available. I wonder why MCP and DPP gurus miss this yet we have educated people from both sides but they are just duu!! on this one. Well done MLS and Chipeta. Don’t allow even an inch for environmental laws to be violated by the greedy few at an expense of the masses.

Mbachongo
Guest
Tumbukas will never rule this country So what?. For your information administratively we are the ones controlling the economy. Khalani nawo u president wanuwo. Ukakhala umphawi pa malawi pano its worse in the south than north and centre.In terms of productivity the South produces nothing tangible to the development of this country a part from Tea and Coffee. The centre and North can do without the South but the South can not survive without these two regions.Ndiwe munthu opepera kwambiri you are such a wasted sperm.HARD YOUR STUPID FATHER KNOWN HE COULD HAVE WORN A CONDOM when he was having… Read more »
Leave the South
Guest
Zakuwawani coz wakuuzani zoona spade? If you don’t need the south bwanji osachoka? Mumakakamirako chani ku south? Go home tumbukas. We don’t need you. Xikakhala za ma administrative positionixo we are fixing it. Head count ichitika paliponse to determine kuti Mulipo a ngati. The stupidity yanu yophangira chili chilicense yatha. Kamuzu and the MCP knew very well that you tumbukas were evil that’s why sanakusekerereni. U presidentso tikhala nawo kumene zikomo. And don’t think the center will all ignore with you. Achewa akome lero coz mukuuzidwa chilungamo? Leave chewas alone. Go back to the north and never come back .… Read more »
Zachi
Guest

It is better to stay quiet than show one’s mediocrity like this Mr Spade! Any development project like this one needs such an analysis! I can say it is a MUST for such a project to undergo Environmental and Social analyses before commencement! It is a law! Read Environmental Management Act and appreciate what MLS is trying to do!

David Mweso
Guest

I doubt if this guy has all five senses.

Chi
Guest

Mr spade u are missing the point. Analyses the points, please don’t look at a person. Do you know that there is a lecturer a chewa inLilongwe who is totally against this project based on facts not opinion. We have blackouts every day,morning evening and night time. Where are we going find energy to pump the water? Lets catch the water before it reaches the lake and it will be affordable to everyone

Mzika
Guest

Uli ndi vuto….. Ngati uli ndi ubongo ndakanika

Chiheni
Guest

Your sick brother you need help at Zomba mental hospital

Dude Saidi
Guest

Anybody who loves Malawi will never bypass any step/law when implementing sustainable development. Those who formulated and enacted environmental act had a reason. We don’t want to see again what happened at area 18 zoipa kusakanikirana ndi madzi okumwa. Why madulira. I am 100% supporting that this project should be done by an indigenous firm but how can that company claims to to know the job while it is jumping procedures?plz plz plz osatichititsa manyazi apa

Jamax
Guest

Ptilizani ndi mainjuction anuyo popeza inu mumamwa ndi kusamba madzi ogula ku shoprite mulibe bvuto …… koma dziwani kuti chitukuko sichainu anthu olemera koma cha ife anthu osauka mwamva …. musiyeni mzanuyo ndi m’Malawi anzathu ndipo ntchito amaitha bwanji nsanje????? tachitani manyazi …kuteroko mukufuna kuti azungu atenge project imeneyi???? Maloya oipa inu…..!!!

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