..…breaks appeals rules in Khato case
..…his application bizarre- Lawyers
Attorney General Thabo Chakaka Nyirenda’s desperation to overturn an injunction in the Lake Malawi Water Project is turning him into a legal comedy, as the Supreme Court has sent him to do his homework after he appealed without notice.
The Investigator Magazine has asked prominent legal minds who have interpreted a ruling by Justice of Appeal Dingiswayo Madise on Monday afternoon as a rebuke of Chakaka Nyirenda’s attempts to break Court rules.
Justice Madise has asked Chakaka Nyirenda and lawyers for Khato Civils, National Bank and NBS Bank to make a fresh application within seven days and allow Forum for National Development (FND) 14 days to respond. The matter will be heard within 21 days.
This means the High Court (Commercial Division) injunction grated to FND by Justice Ken Manda hangs in balance as the AG has jumped courts before the process has ended in the lower court.
Manda advised the AG to make a formal application and Chakaka Nyirenda filed on Sunday. The High Court is yet to set the date for the application formal hearing.
According to another prominent legal mind, there is no decision of the High Court for the AG to appeal. He called his application to the Supreme Court bizzare as it has no basis.
“The rules of procedure say you can only appeal if you have exhausted the lower courts. He made the application at the High Court and before the court heard and made a decision he has jumped to the higher court. That is unacceptable,” added a legal scholar.
At stake is K105 billion National Bank and NBS Bank is supposed to lend to government to give to Khato Civils a private company.
Government has been hiding information including contract in the case. The burning of Tikwere House is suspected to be related to the case.
Fryson Chodzi, Executive Director of FND when contacted for comment said, “Malawians are not babies. By their acts and omissions they will continue expose their interests.”