Judge N’riva defers ruling on Malawi Police food rations case

The High Court in Blantyre has deferred a decision on whether Youth And Society (YAS) is an interested party in the case where it dragged Democratic Progressive Party (DPP) and Pioneer Investments to court over the K145 million food rations deal.

High Court Judge Jack N’riva was  expected to make a determination on the matter on Monday but communicated to parties in the case that he will deliver it at a later date.

Lawyer representing YAS, Bright Theu, said he was communicated by the Judge that the decision will be communicated later.

During the hearing of the matter last week, lawyers representing DPP and Pioneer Investments, Chancy Gondwe and Frank Mbeta respectively, asked the court to dismiss the case on the basis that YAS does not have sufficient interest in it.

The two argued that according to Section 98 of the Constitution, it is only the Attorney General (AG) who has the power to sue on behalf of Malawians, a development they said shows that the civil society organisation is out of its jurisdiction.

But  Theu argued that the AG is in a compromised situation to be a likely challenger in taking the case as he has also been sued and that he is part of the same DPP.

In the Civil Case No.215 of 2018, DPP secretary general Grezelder Jeffrey and legal affairs director Charles Mhango are first defendants on their own behalf and members of the DPP; Zameer Karim of Pioneer Investments is second defendant while Innocent Bottomani of Malawi Police Service (MPS) is the third defendant.

On the other hand, Standard Bank plc, National Bank of Malawi, director general of the Anti-Corruption Bureau (ACB) and former Secretary to Treasury Dr Ronald Mangani are first, second, third and fourth parties cited.

The case follows a leaked ACB investigative report, which claimed that Pioneer overcharged MPS by K466 million on the basis of 20 percent exchange rate losses that were never incurred nor provided for in the contract.

Shortly after receiving the contract payment, Pioneer paid K145 million from its National Bank account into a DPP account held at Standard Bank.

YAS then took the DPP and Pioneer Investments to court after they failed to pay back the money having demanded such through demand letters on July 17 2018.

The DPP has announced its intent to pay back the controversial donation.