Supreme Court favours Khato on Salima-Lilongwe Water Project, dismisses CSOs with costs
The Malawi Supreme Court of Appea sitting as full bench of seven judges on Thursday threw out an application by Youth and Society (YAS) and Centre for Human Rights and Rehabilitation (CHRR) to join the case in which Malawi Law Society tried to curtail progress on the Salima-Lilongwe Water Supply project.
The two CSOs wanted the matter to revert to the High Court of Malawi to determine the legality of the project in respect of awarding of the contract to Khato Civils Limited as well as commencement of work without an environmental impact assessment (EIA) report.
YAS and CHRR were denied joining the case after a single Supreme Court of Appeal judge Lovemore Chikopa dismissed their application on December 22 2017 and they appealed
in the hope that the full bench would grant them their wishes.
However, the 7-man panel of judges led by Chief Justice Andrew Nyirenda dismissed the application and condemned YAS and CHRR lawyer Bright Theu to foot all costs for the case.
Counsel for Khato Civils, Chancy Gondwe, asked the Supreme Court to dismiss the application saying the proceedings were already nullified by Justice Chikopa in October last year.
Last year’s ruling saw Justice Chikopa throwing out MLS appeal on the basis that the society failed to understand the technicalities of the contract between Lilongwe Water Board and Khato Civils.
The bone of contention was the Environmental and Social Impact Assessment which has since been carried out by a Portuguese consultant and approved by the department of environmental affairs.
MLS thereafter pulled out of the case after acknowledging that most of the issues they were raising were adressed like the ESIA.
Salima-Lilongwe Water project – which will pump, sanitize and transfer clean potable water from Salima to Lilongwe- came as a intervention to decade-long acute water problems in the Capital City which is also Malawi’s seat of government.
Experts forecast that Lilongwe City will soon completely run dry owing to low water levels at Kamuzu Dam.
Khato Civils is a South African based company owned by a Malawian billionaire Simbi Phiri.
Malawi government has already 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.
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Wow!!! They actually heard the matter and gave a judgment!!! How luck can one be……….
But one wonders why………
I think it’s time for Malawians to start organizing demonstrations against the stupid CSOs every time we feel these dunderheads are stepping over our heads. These development projects are for us Malawians and it’s stupid of us just to see and watch these stupid political parties called CSOs blocking these beautiful and beneficial projects. We should wake up and be doing something when imbeciles are depriving us of our rights to projects which would provide us with basic needs like water.
Bravo Chancy Gondwe for the job well done Malawians wants development not fighting
Mr Lawyer,why carrying all these books???? Are you on the way to the library or not???? Poor Malawian lawyers!!!! Take it easy.
I don’t understand how come YAS and CHRR always claim to be representing all Malawians. Where do they get the approvals from us? Its very unfortunate that they always stand on governments way blocking every development move in the name of represent us. These guys are so crooked and they don’t wish well their country and I wonder whether they are part of Malawi. In the same way their crooked friends are fighting the erection of ghandi statue. By the way, who is funding that project? Is it the government of Malawi or the Indian government? The class of Jijo are saying we better erect Malawian Political hero’s statues on the road which was named after ghandi by Kamuzu and yet their company is failing to pay back the tax amounting to MWk5 billion. Or I’m I mistaking, Mr Jijo have your corrupt company paid the taxes to MRA so that the money can be used to erect only the political heros’ statues on the roads named after foreign icons by our great leaders? Akuluakulu tikamakhuta ndibwino kumangogona osamabalalitsa anthu mitu. Kufuna kutchuka pazinthu zopusa sibwino. Phokoso ndi statue as if you will sponsor the construction!!! What about fell Malawians employed to work for these projects? Don’t you see that the interruptions you make affect their financial stand? I would have been more happy if these guys were also judged to pay the salaries of fellow Malawi working under Khato for all the months the project was stalled. Sibwino kumafuna kutchukira pa zinthu zopindulira miyoyo ndi chitukuko. Boma lanu ndi lija liinakanika or bridge la thabwa tthat’swhy you don’t know development.
Za EIA Muzitisiyila ife. Timakuuzani kuti si nkhani
Unfortunately the CSOs didn’t take into account the study of feasibility of the costs of construction going up by this delay. Shame.
Mulungu amakonda Dziko lanthu ishiiii Khato ngwilani ntchito enawo amakonda ndale tizivutika tizingokhalira kupempha kwayiwo azikondwa, apa akuziwa kuti pano tisiya kupemphempha Madzi akumwa mumakomo mwawo ndichifukwa amakaniza kuti Madzi asafike ku Lilongwe…..Ndale zinatigulitsira Ndege ndalama zake anapindula okha Dziko ayi……..!
Amen! Shame on these agents of the devil
This is a good lesson to our corrupt organisations trading in the name of csos. They are enemies of development. They want to derail the nation from moving forward , because if it does some of these will not operate , no funding will be available to them. Next wii be khato punching back a last laugh, if some will not be declared bankruptcy. Which donor will be happy to be squaring legal fees.
YAS and CHRR ARE STINKING LOTS
Bravo!!! We are sitting on an empending water crisis as the seat of the capital and some individuals who do not wish this country well and decide to serve
their masters’ interests, dared put spannners in this important project. Bravo our Judiciary!!!
Kodi dzitsiru dza ma CSOs ndi dzamtundu wanji? Mayiko otizungurira akumwa madzi omwewa inu mukufuna ife tisamwe madzi, what type of environmental assessment mukufuna? Tikutetherani manyumbatu tsopano. Nalonso bomali limakhala ngati munthu wozika mtima kwambiri. Ku Rwanda, Tanzania, Mozambique sangachite zopusa ngati zimenezi a ma CSOs.
If Simbi Phiri (Khato) was a northerner YAS could not have taken action against the contract. This is social and economic discrimination against those of other tribes. They are slowly breeding social unrest.
Let us learn to love our country and be careful when deal with issues that are of national concern. If we dont understand issues let us to approach authorities to school us on the technicalities rather than rushing to the courts. We are loosing alot as a country by politicking in everything.
Kajoloweka and Mtambo are among the Tumbukas who have nothing to contribute to our Malawian society and have no source of income. This is the reason why they opt disturbances to many progress Malawi is making. Some white people are happy to fund these idiots just to make empty noises and disturb many Malawians. Yo can imagine how dirty they are opting to deny many Malawians portable water from this project. Ufwiti ungapose apa?? God will one day punish you idiots with your dirty money.
Dont worry YAS and CHRR, Mtambo and Trapence will APPEAL to PAC on your behalf
that’s the ruling I expected from the learned judges and may God bless them.and shame to cso for trying to deny malawians a way to access portable water just becoz some dirty politicians are giving you money.Please malawians nsanje tisiye
Foolish CSOs. Mutharika government is trying to solve what in a few years will be a catastrophic water problem and you idiots keep blocking. Thanks to the Supreme Court for shaming these evil CSO activists who don’t love our country.
Ohhhhhh Thank you God, thank you so much, please keep on fighting this battle for us, adani ndi ambiri osalifunira dziko lathuli zabwino, tidalira inu mutikanthire anthu a nsanjewa. i’m so happy and thank you nyasatimes for posting this as soon as you got full results. Please amalawi ndale tisiye apo koma madzi ndi moyo ndithu. Ndipo zitukuko zina tikudana nazozi ndi zathu zomwe chonde chepetsani nkhwizi.
Ambuye asawakanthe koma awakhululukire. Otherwise this is great news for the nation. Now khato please speed up we are suffering mmatownshipmu
Thank you kanchenga, i withdraw that word “mutikanthire” Thank you my friend for your friendly correction. Otherwise i have never been happy with our judiciary like the way i am right now, especially pamene anena kuti akanyimbiwa must pay all courts costs, that’s magnificent. Look i am from Mulanje, based in Blantyre and we both know there’s that project, pumping water from our beloved river Likhubula to Blantyre. Mukutitukwana ife alhomwe kuti ndiife ozimva ndi zina zambiri. Kodi tikanakhala oyipa chomwecho tikanalola kuti project ija iyambike ndikumapitilira? Believe me akanakhala atumbuka pakanafa munthu.
Lost time and resources, we could have started drinking water from the lake by now.
Join the discussion…Ochewa,tiyeni timwe vimazi vimenevi visapite kathirilira M’dzimbe kumusiku ndi kuwetera ng’ona za wanthu!!
Wanthu wanji wokhala ndi mtsinje koma owoneka osasamba? Yankho, iwo sasamba koma kuwetera ng’ona!!
kkkkkkkkk hahahahahaha you’re very funny.
We could have been thinking of other projects by now
Please next time such people need a bigger penalty than normal to fit their grandiosity level.
These CSOs are agents of the devil, bringing confusion always.