High Court rules Transglobe is free to participate in Fisp
The High Court Judge Jack N’riva has made an order stopping the Parliamentary Committee on Agriculture action to block Transglobe Produce Export Limited from being included into this year’s list of Farm Input Subsidy Programme (Fisp) suppliers.
The committee recommended blocking the company arguing that involving a firm which is under probe may compromise issues.
In July this year, the Anti- Corruption Bureau (ACB) arrested Director of Transglobe Rashid Tayub in alleged illegal actions in the procurement of 100 000 tons of maize from Zambia by the produce trader Agriculture Development and Marketing Corporation (Admarc).
But private practice lawyer Lusungu Gondwe representing Transglobe Produce Export Limited sought court relief over the recommendations.
“Until the hearing and determination of the Originating Motion for Judicial Review herein, the following decision of the respondent [parliament committee] is stayed,” ruled Justice N’riva.
Lawyer Gondwe confirmed the court granted Transglobe the order to stay the recommendations and that the company is now free to participate in Fisp.
“State agencies like Ministry of Agriculture and Office of the Director of Public Procurement [ODPP] in charge of Fisp have to deal with Transglobe just like any other bidder,” lawyer Gondwe said.
“He said the High Court was “satisfied” that the recommendations to exclude Transglobe would be “illegal, unreasonable and travesty of commercial justice.”
Chairperson of the committee, Joseph Chidanti Malunga, said they are yet to see the court order and that it will be respected.
Meanwhile, coupons are expected to arrive in the country from the United Kingdom on September 18 and the second consignment of the coupons will arrive on October 8 2017.
K33 billion was budgeted for use in the 2017- 2018 budget.
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dzikoli amalikonda ndi mulungu basi palibenso wina
The manifestation of all things CORRUPT IN MALAWI LAYS AT THE JUDICIARY. THE MOST CORRUPT IN AFRICA AND THE WORLD.
The new high court judge. Konza kapadi kuti kamwamba katsike. Peter ameneyo.
surely such determinations should worry the presidency and well meaning Malawian who wishes this country well. Its high time the president intervened on such a crucial mind. If this country were Kenya, Uhuru would have not only lamented such judicial traverse but also taken action to block such a serious miscarriage of justice to Malawians. Memories are still fresh of the Indian we recently deported and how he had demeaned law enforcers and our courts. And YET A NEWLY APPOINTED JUDGE HAS THROWN EVERY PRINCIPLE TO THE DOGS. Mr. President and NGOs its time to act on behalf of Malawians
Kodi amachita kukamiza kuti mundipatse ntchito yogulitsa feteleza?
Which law did the judge apply. It is not about constitutionality but rather legality. Some principles can not be applied across the legal spectrum because of their very nature and what the country wants to achieve.
Vuto ndi loti this country is very poor and as a result even our learned judges have been bought by cheap Indian money. We need to move forward rather than regressing. Certain laws are very clear about dealing with businesses whose Directors are under investigation period.
a Malawi… kondani dziko lanu eeh ! taonani izi achita a RAB processors …. basi kumapatsa amalawi ma feteleza ofoila iwo kumalemera ….