Khato demand K100m legal costs from lawyer Theu
Khato Civils a contractor on the multi-billion kwacha Salima-Lilongwe Water Project is demanding K100 million as legal costs from lawyer Bright Theu after the Malawi Supreme Court of Appeal dismissed an appeal by civil society organisations (CSOs) to replace Malawi Law Society (MLS) in the case on the project with costs.
MLS wanted the High Court to review a decision by Lilongwe Water Board (LWB) to award Khato Holdings a contract for the project before an environmental impact assessment (EIA) was done.
Theu was representing the CSOs—Youth and Society (YAS) and the Centre for Human Rights and Rehabilitation (CHRR)—in the matter in which a seven-judge panel chaired by Chief Justice Andrew Nyirenda and comprising appeal judges Dunstan Mwaungulu, Anaclet Chipeta, Edward Twea, Rezine Mzikamanda, Frank Kapanda and Anthony Kamanga upheld a single Supreme Court judge Lovemore Chikopa’s decision, saying there was no basis of an outside party joining proceedings which were nullified.
The court ordered Theu and his clients to bear the costs of the matter.
Meanwhile, Khato said they spent in excess of K100 million in legal fees and other logistics in the matter which the South African based contractor wants Theu to pay.
“As a company, we have spent somewhere around K2000 million or even more to pay legal bills and other logistics since the court commenced sitting for our case almost a year and half ago,” said Khato Group Media and Public Relations Manager Taonga Botolo.
“It is, therefore, our expectation that, following the court’s determination on the costs accrued, counsel Bright Theu will honour his obligation to settle the costs as soon as possible or else we would be left with no choice but to take legal action,” he said.
Theu said he has not received anything from Khato lawyers on the costs, saying “normally the two parties have to sit down and agree in the amount.”
He said if they fail to agree, the court can decide.
Recently, government signed a deal with a financier of the K400 billion Lilongwe-Salima Project, Trissag Espanola of South Africa, effectively putting on course the project that has faced several hurdles.
Not sure if the Malawi government carried out due diligence before awarding this contract to the guy, but this Khato dude has lots of controversy surrounding him here in South Africa. He was already trending for all the wrong reasons even before he was awarded the contract in Malawi. Recently, he has abandoned an unfinished water project in Limpopo where millions of Rands have already been spent and no water for the poor villagers. He basically claims that he hasn’t been paid by the government/municipalities and has retrenched over 1000 people who were employed on the project. It could be true but I think he got trusted too quickly and I wouldn’t be surprised as to why other people are not really convinced with this project.
But anyway, people need water, and maybe Khato is the rain that will bring that water!
I wish this was a power supply project as well. Khato please consider this as your next project. Ma blackout tatopa nawo. Ma promises about the end of blackouts achulukanso with no tangible results
In Blantyre another northener is blocking a convention Centre
F*** off , Northern northern chani apa?
All this is from envious and tribal/regional minds. If Khato was Goodall Gondwe/ Jappie Mhango (a northerner) Theu and partners could not have sought court redress. The Evil party wanted Khato to palm oil them. Khato refused and allowed them to go ahead and sue. Theu and partners have billions of money to be paying for such damages and costs. I ask Khato to demand all costs incurred in defence and not only K100m. You said you spent over K200m demand it wholly. In my mum’s tongue we say ” kang’oma koliritsa sikakhala kung’ambika”. Your party have no sympathy with most Malawians of good will because you are motivated by greed
Khatho Civils do a good job on this project and show Malawians that you really deserved to undertake it.
Kajoloweka, Mtambo and Trapence koma ndiye munyelatu!! Ndipo munya muona. Always you want to make empty noise so that people should hear you. Mukuyambana nayeyo ndi Simbi Phiri, mnyamata wa pa Mchinji. Mukalimbana naye memarenge mwekha
Yes indeed Theu and his so called Human Rights defenders must pay the legal fees as demanded. You guys are evil, denying us people in the central region portable water like this. You heard that we were drinking water mixed with feaces in area 18 but you could not allow this Khato Water project proceed because of you greedy. You want people to know that you are existing. You are always in the fore front blocking developments that can assist Malawians. God will punish you more. K100 million is just a start of your punishment. Apumbwa!!!!
Ndikumva kukoma kwambiri hahahaha. I wish all those who block pro-poor projects could face such punishments. Where is Kajoloweka and Mtambo? Hahhaha Timba anathyola mwendo dance yothayitha. Ndizimenezitu. Munaziyamba nokha tiyenazoni kikikiki.
The problem I see here is that Khato group belongs to a Malawian. And we know Malawians will never wish another Malawian well. Akanakhala amwenye bwenzi kuli ziiii. Theu pay back the money. Wakumana nazo lero umayenda mmbali. Kulimbana ndi Msimbi Phiri sungawine wachepa. Ask Botwana government will tell you. A Malawi athu wonyasa ndi mitima yonse. Shupit
I have been saying the exact thing and you’re right. Akanakhala mmwenye or mzungu bwenzi kuli ziii apumbwa amenewa! M’Malawi never wants anything good for another Malawian. Apereke MK100 million akhaule!
Apa chavuta ndi chakuti a lot of politicians have hidden agendas in this project
Mwambi walero ndi uwu: Ntchenthe yopupuluma idakomana ndi mchimba.
Ukadziputa limbanazo
Another financier (and this time not the World Bank) is coming in when the project is already given to a contractor and is from South Africa where Khato is based. The new financier believes the EIA is not necessary. Smells fishy to me. Thieves will always find alternatives of getting what they want. At the end Malawians will foot the bill. Please Malawi Parliament, find out what is going on as the money tagged to this project is from poor Mslawians
In your myopic view, the only financier is World Bank, IMF or ADB, huh? You must be narrow-minded lower than a goat!
You can go back to court if you so wish for redress.
Theu apeleke ndalama zimenezo. Muntu woyipa wosafunira anthu zabwino
Let the games begin