Malawi court sticks to judicial review on MRA commissioner Namalomba

The High Court in Blantyre has declined to discharge the order for the judicial review and the order of stay that was granted to Malawi Revenue Authority (MRA) Commissioner of Customs and Excise Shadrick Namalomba who was suspended for alleged misconduct.

Ralph Kamoto. MRA boss:  Decision to suspend Namalomba unlawful
Ralph Kamoto. MRA boss: Decision to suspend Namalomba unlawful

Kamoto in a letter to MRA staff notifying them of Namalomba’s suspension said the commissioner had been suspended following a preliminary report alleging gross misconduct from his office.

It is reported that the suspension stems from Namalomba’s clearing of eight trucks of ruling DPP strongman Noel Masangwi involving illegal timber for export.

Private practise lawyers of Mbendera Nkhono and Associates made an application in court court to discharge the order for leave for judicial review on grounds that there was suppression of material facts and further that there was an alternative remedy by pursuing the same in the Industrial Relations Court.

The court on Thursday concluded that the matter was fit for the judicial review machinery.

The applicant submitted that he was not challenging the merits and the demerits of his suspension but rather the manner in which the powers to suspend were exercised.

Justice Kenyatta Nyirenda ruled that MRA Commissioner General Ralph Kamoto acted illegally to suspend Namalomba, saying the power to suspend him lies in the hands of MRA board.

“The decision of the Commissioner General is unlawful, unprocedural and or unreasonable,” Kenyatta.

According to the Judge, MRA chief acted contrary to Namalomba’s legitimate expectations in that he expected the board to meet and make proper recommendations to the Commissioner General and that would have been the basis for suspension.

This means MRA will not effect the suspension of Namalomba up until the matter is finally heard and determined.

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njinkho
njinkho
6 years ago

edina kamoto

mra
mra
6 years ago

gogobawo! anthu ake ati? ife we are not complaining aboit shad, ndipo titolela bwabasi koma kamoto yekhayu achokepo honestly

mphoka
mphoka
6 years ago

game nkuza tembenuka pamene paja, mra pliz tikufuna chilungamu chankhaniyi nsanga yatitopetsa ngati kuli kubwenzera namalomba pa ntchitoyo chitani nsanga coz kutolela makobili kwayima tiyamba kudanaula pompano kuti sitina tolele bwino

gogobawo
gogobawo
6 years ago

Roza Mbilizi, Shad Namalomba and Kamoto bwana Peter Mutharika achotseni awa onse ku Mra. Roza ndi Namalomba akupanga campaign mseli kufuna kumugwetsa Kamoto. Koma bwana President musadzayerekeze kuika Roza pa udindo umenewo mudzaonanso no revenue colection. PEMPHO anthuwa onse atatu achotseni na ngati muli ndalangizi abwino am one of them coz zinthuo ife tikuziona ndithu. ndi mmene zililimu anthu agwira bwa. Anthutu agawanikana nde piliz thandizani MRA pochotsa anthu atatuwa tumiAnkoni a mulhako ena aliko ndithu ngati mufuna milhako yanuyo

DPP
DPP
6 years ago

Nansongole uyu. Abuse of power.kunditukumula uyu. Usova

obalewanthu
obalewanthu
6 years ago

Thom Main ganja mus resign now. Bring back Bisiwick. Ralph is a failure.

obalewanga
obalewanga
6 years ago

Thom Mpingangora must resign. If not no tax revenues will be collected. Bring back Bisiwick take this fool back to Mera

lucky
lucky
6 years ago

Kamoto matchaba ako. Ife a lomwe tithananawe tipatse time we are removing u from MRA.

namalira
namalira
6 years ago

kenyata nyirenda nzozodo amwene akanena wanena ask PP and MCP gurus za judge ameneyu amamva naye madzi.

Proff. Centvinnie
Proff. Centvinnie
6 years ago

Kkkkkkkk game tembenu, all of you should follow the procedures, should not act emmotionally.

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