YAS loses K145m Malawi Police food rations case: Theu appeals against N’riva ruling
The High Court in Blantyre has dismissed Youth And Society (YAS) , saying it has no sufficient interest to pursue the case where it dragged Democratic Progressive Party (DPP) and Pioneer Investments to court over the K145 million food rations deal.
The Mzuzu-based YA, through lawyer Bright Theu, obtained a court order freezing bank accounts for DPP and Zameer Karim proprietor of Pioneer Investments, who allegedly benefitted from fraudulent transactions in the contract.
But delivering his determination, High Court Judge Jack N’riva said the contract of food rations was between Police and Piooner Investment.
The court agreed with arguments by lawyers representing DPP and Pioneer Investments, Chancy Gondwe and Frank Mbeta respectively, that YAS does not have sufficient interest in it and the case has to be dismissed.
The two argued that according to Section 98 of the Constitution, it is only the Attorney General (AG) who has the power to sue on behalf of Malawians, a development they said shows that the civil society organisation is out of its jurisdiction.
But lawyer representing YAS, Bright Theu, argued that the AG is in a compromised situation to be a likely challenger in taking the case as he has also been sued and that he is part of the same DPP.
Meanwhile, Theu applied for leave to appeal which was granted and that the ruling be set aside until the ruling is heard, meaning the bank accounts which were frozen will remain in that state pending appeal.
In the Civil Case No.215 of 2018, DPP secretary general Grezelder Jeffrey and legal affairs director Charles Mhango are first defendants on their own behalf and members of the DPP; Zameer Karim of Pioneer Investments is second defendant while Innocent Bottomani of Malawi Police Service (MPS) is the third defendant.
On the other hand, Standard Bank plc, National Bank of Malawi, director general of the Anti-Corruption Bureau (ACB) and former Secretary to Treasury Dr Ronald Mangani are first, second, third and fourth parties cited.
The case follows a leaked Anti Corruption Bureau (ACB) investigative report, which claimed that Pioneer overcharged MPS by K466 million on the basis of 20 percent exchange rate losses that were never incurred nor provided for in the contract.
Shortly after receiving the contract payment, Pioneer paid K145 million from its National Bank account into a DPP account held at Standard Bank.
YAS then took the DPP and Pioneer Investments to court after they failed to pay back the money having demanded such through demand letters on July 17 2018.
But Mutharika, speaking on taxpayer funded Malawi Broadcasting Corporation’s (MBC) Talk to the President programme last week said he was not aware that the money may have come from the questionable payout.
Mutharika said he is convinced it was an honest donation and further emphasised that it is normal the world over for individuals or firms to donate to parties.
Follow and Subscribe Nyasa TV :
Judgement is as a result of facts presented to the presiding judge,not public opinion..enanutu u dictator unakulowani mmutu..shame
Am a procurement person and I knew kuti the judge will throw out this case. Contract law imatelo kuti if you are not partly to a contract, you can not sue. It assume you have no interest or you are an outsider to the contract. Refer to case called Donogue vs Stevenson (1932) you will see that a similar case was throne out. Omang’ala mlandu apa anayenera kukhala AG (i.e government) because Police is part of government or Police itself (because it is party to the contract) or Zameer because he is part of contract. Unfortunately boma silingadziyimbe lokha mlandu. The problem is with the law. Judge mungoona kumutukwana apa, he is only following the law. All that is require is to change the law. Any judge will do the same. Its only the one that is party to a contract that can sue.
Corrupt judge.No wonder corruption is thriving in Malawi.
A million dollar question to the judge is ; Can the AG who is a DPP member sue himself ?????????
JACK NRIVA ZOONADI ??
NDI Mphwache wa Ngongikuwa
Ndidakuuzani kuti mwambi wa nkhani imeneyi ndiuwu. NTCHENTCHE YOPUPULUMA IDAFA NDI MTCHIMBA. KKKKKKKKKKK
A system is corrupt when it is strictly profit-driven, not driven to serve the best interests of its people Of malawi
People like Zameer Karim , Khalid Karim for money They have also sold their mothers and sisters it’s such a shame why we are still letting these guys live Malawi
Such a shame Zameer Karim and the president will steal more now as the judge has given his verdict to dismiss the case well done malawi judiciary bravo 👏🏻
Questionable judge. His name looks Lomwe and do not be surprised. He was the one sitting on MCP v Kaliwo case withholding the convention. Judge shopping continues and that is corruption.
I saw this coming. The judge is an idiot and corrupt as well. The true of the matter is that APM was involved in corruption. May be YAS should correct signatures from Malawians to show that Malawians have sufficient interest in this case.
How had sufficient interest in all those other cases that you have heard?
Malawi is a sick Nation lili ku intesive care unit
I am a layman but the said section is defective becoz its talking about representation and not interest. A representative is not the owner or the aggrieved party. donot use that section
Mr judge bwanji?
When the President appoints judges what outcome do you expect from courts when he bcomes part of the crimes or accused? Wake up call malawians, take away those powers from him for future reference.
yes I agree with u my brother, those presidential powers are the ones killing this country, the have to be reduced, look at companies like ADMARC, ESCOM, WATERBOARD, ACB, JUDGES, MRA, MBC, NRA, MACRA, EGENCO, BANKS, etc etc etc etc. So amalawi dont expect any improvements until we REDUCE PRESIDENTIAL POWERS and the first step in doing that is to change GOVT, the new president should promise us that he will give away some of his powers.
Can YAS demonstrate that they took the matter to court on behalf of Malawians? Which Malawians mandated you to take the matter to court? You are a total shame.
I am sure you are more shameful than shame itself. Thieves will always take advantage of loop holes in law.
KKKKKK,You are the one who must be ashamed
Malawi is a doomed nation that’s why sitikutukuka ndife omvetsa chisoni. This is an open and closed case for any meaningful person to judge. JACK NRIVA you have let the nation down
Malawian judges, how can you say Malawians do not have sufficient interest in their own taxes which were abused? This is common sense which unfortunately Malawian Judges do not have. By the way…. how much has Pioneer given you judge to deliver such an unfortunate judgement?
It is not the judges koma kupupuluma. Mwadyapo akusendani ndi ma costs. Ndi bwino nkhaniyo leave it
kupupuluma a tumbuka
This kind of thinking is bad for our Nation
Kuba Alomwe, pajanso judge ndi mu Lhomwe…