Transglobe case against Malawi Parliament withdrawn

Attorney General Charles Mhango has confirmed Transglobe Produce Export Limited has withdrawn a case against Parliament’s Committee on Agriculture and Irrigation for its recommendation to exclude the produce dealers from the list of this year’s Farm Input Subsidy Programme (Fisp) suppliers.

Mhango said Transglobe sued the wrong party – Ministry of Agriculture, Irrigation and Water Development, saying the pronouncements was made by parliamentarian committee.

He said Anti Corruption Bureau or Office of the Director of Public Procurement [ODPP] did not place Transglobe on any restriction order not to supply FISP.

The High Court in Blantyre recently granted Transglobe the order to stay the recommendations by Parliament’s committee.

The order for stay of the decision, issued by newly appointed High Court Judge Jack N’riva, prohibits the committee from making the recommendation to the ministry and other State agencies for them not to give business to Transglobe under Fisp pending a judicial review of the matter.

The committee had recommended to the Ministry of Agriculture, Irrigation and Water Development officials last week that Transglobe should not make the final list of companies to supply inputs under Fisp allegedly because it was under probe by the Anti-Corruption Bureau (ACB).

In July this year, ACB arrested one of Transglobe directors, Rashid Tayub, alongside former Minister of Agriculture, Irrigation and Water Development George Chaponda in connection with government’s procurement of maize from Zambia.

Transglobe argued that the committee’s action substantially and significantly affects its fundamental right to economic activity and business life as investigations, criminal or otherwise “are no bar to enjoyment of its right to economic activity until due process of law dictates so.”

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