Rumphi East member of Parliament (MP) Kamlepo Kalua has filed an appeal against High Court Judge Rolland Mbundula ruling which has discharged a order restraiing Malawi Revenue Authority (MRA) officers and police from further investigating his three cars which they impounded before releasing them.
Lawyer Wanangwa Hara representing Kalua said with the appeal, Judge Mbundula’s ruling has been stopped.
“The judgement has been stayed and us without any effect until Supreme Court hears the matter all over again and makes determination on issues that we have raised,” said Hara, a private practising lawyer.
In his grounds of appeal, Kamlepo argues that the High Court judge made a material error in law in failing to quash the decision of the tax collecting body and police to cause searches and plot the arrest of Kamlepo regarding the three vehicles.
Kalua, who is also vice-president of Peoples Party (PP), claimed MRA and police action was politically influenced, unreasonable and malicious
Maganizo Chinkoko, MRA senior tax investigation officer and lead investigator during the raid, Edwin Magalasi, assistant commissioner for police and regional criminal investigations officer (Southern Region) and Winstone Honde, an officer at MRA led a raid of Kalua’s house in Nkolokosa Township, Blantyre where they seized a Mercedes Benz and a Toyota V8 belonging to Kalua’s son Penjani, on allegation that they were smuggled into the country.
The legislator has been demaning damages in court for the injuries he suffered namely, being put to public shame and ridicule, embarrassed in his reputation and credit as an MP as well as being put in serious public odium and has suffered in his self-esteem and estimation of reasonable members of society.
Justice Mbvundula argued that MRA and police demonstrated that there were matters warranting some investigations and there was also reasonable suspicion in the issues, warranting further probe as to what transpired.
The seized vehicles, including a grounded Jeep, were later returned after the legislator obtained an injunction against the action.
The public tax collector spokesperson Steven Kapoloma confirmed the knowledge of the appeal and that all concerned parties have been ordered to attend the Registrar of High Court and Supreme Court of Appeal at the Principsl Registry on June 4 2018.
He said MRA will be challenging the appeal.
Kalua is also currently embroiled in another battle with the police as he is being accused of staging his own abduction.
He has since dismissed the assertions by the law enforcers, saying it is bent on tarnishing his image.
Follow and Subscribe Nyasa TV :