Justice Rezine Mzikamanda of the Supreme Court of Appeal has dismissed an application made by businessman Zamir Karim and his Pioneer Investment (PI) to strike out the notice of appeal by Mzuzu-based Youth and Society in a case in which it dragged PI and ruling Democratic Progressive Party (DPP) to court over the K2.7 billion food rations deal at the Malawi Police Service.
YAS appealed to the Supreme Court after High Court Judge Jack N’riva dismissed the civil society organisation (CSO) in the case on the basis that it has no sufficient interest and cannot sue on behalf of Malawians.
However, Karim, through his lawyer Frank Mbeta, argued that that the appeal was frivolous and should be struck out.
Accoridng to lawyer Doreen Manjandimo of Ritz Attorneys at Law, Justice Mzikamanda quashed a motion to strike out the notice of appeal.
“The Judge ordered that he has no power to determine on whether the appeal is frivolous or not. He said they would have to wait for a hearing before the full bench of the Supreme Court to determine on the same,” Manjandimo said.
On whether YAS has sufficient interest in the case, Manjandimo said Justice Mzikamanda also ruled that the matter will be dealt with in the hearing, whose date has not been set yet.
The Supreme Court of Appeal stayed the decision of the High Court entirely, meaning the case that was dismissed remains intact pending determination of the appeal on whether YAS has locus standi or not.
The two accounts for Pioneer Investment and DPP remain frozen.