Namalomba sued wrong party in fight with Nankhumwa

Attorney General Thabo Chakaka Nyirenda says his office is working to challenge a court injunction obtained by former Public Accounts Committee of Parliament chairperson Shadreck Namalomba over the chairperson of the committee position, saying he sued wrong parties.

Namalomba sued Speaker of Parliament Catherine Gotani Hara,  Zomba Chisi legislator Mark Botoman and  Julius Mwase, chief whip of Democratic Progressive Party (DPP) in parliament, restraining them from removing  Namalomba as chairperson and member of the Public Accounts Committee.

But Nyirenda said he has received instructions to challenge the injunction, arguing that the Speaker of the National Assembly has no legal capacity to  be sued because the law provides that one has to sue the Attorney General when suing a public officer.

“We are also trying  to make an application to have the whole case dismissed on the mere fact that you have here a Speaker who should have never been sued.

“When you are suing government, you sue the Attorney General and when you are suing the Attorney General you  have to give three months prior notice. That three months prior notice has not been given,” said Nyirenda.

Nyirenda has said there is also a similar injunction that was obtained by Namalomba in Zomba on similar facts arguing this is an abuse of court process and the law does not allow that.

“We have in this case a serial litigant who commences so many case on similar facts in different courts.

“For the injunction ,there was need to disclose all  relevant and material facts. The relevant facts include that there is  a similar  injunction in Zomba, ” he added.

Nyirenda said  Namalomba did not disclose to the court  that parliament regulates its own proceedings  and that for one to be  chairperson, it is by way of election and not by appointment or by way of a court order.

According to Nyirenda, such a move also sets a  dangerous precedence.