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.
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Justice is done when judgement turns your way and perception not what the law says…umbuli
Thèse thugs!!!but time Will come when Justice Will follow them.It is my prayer That one Day they should face the law
Jack was a humble and jovial friend when we were at Churunga from late 90s till 2002. I didn’t know he has risen to be a judge in Malawi now. I hope he’ll stand strong, rise above his Lomwe roots and deliver a professional judgement. I don’t mind which way the case goes but I’d be pleased to see that it passes the test of professionalism
Justice delayed is justice denied,my lord,isn’t it so?
Wants to ask Dpp first if they will donate before the ruling! Of cause they have an interest as taxpayers cause uncle ACB and AG are state capture…
Mbaibulo ananena kale kuti osathamangila kukamunenela mzako mlandu kuopa angakutsutse.These rushed cases always go nowhere.
What do you expect?????? ACB has just told us what it thinks. Judge Nirva will follow suit.
Nanji kwao ndi kwa Goliati ku thyolo angaweruze bwanji awa!!!!!!!!!!! mwana wa mmudzi!!!!!!!!!! GOGO YAWINA KALE!!!!!!!!!!!