AG fights Namalomba injunction
The Attorney General (AG) Thabo Chakaka Nyirenda and Zomba Chisi legislator Mark Botomani have filed applications to vacate an injunction which Mangochi North-West parliamentarian Shadric Namalomba obtained, restraining Parliament from recognising Botomani as Public Affairs Committee chairperson.
In his submission in the High Court of Malawi on Thursday, the AG, among others, argued that Namalomba commenced a case against a wrong party.
He told the court that instead of commencing a case against the AG, Namalomba sued the Speaker of Parliament.
Nyirenda further argued that the matter was also improperly commenced as it should have been a judicial review since a person cannot obtain an injunction against government.
He also observed that there was suppression of material facts.
The AG further submitted that the court should not have business interfering in internal matters of Parliament.
Said Nyirenda: “This was a matter of election. We are in a democracy, people should be free to choose leaders they want. Leaders should not be imposed. So the court cannot impose a leader of any committee in Parliament.”
In his submission, Wapona Kita, who is representing the third defendant Botomani, argued that Namalomba’s sworn statement does not support the continuation of the order of injunction.
He further argued that the claimant sued a wrong party, as his client did not impose himself as Public Accounts Committee (PAC) of Parliament chairperson.
In his submissions, Namalomba through his lawyers Felix Tambulasi and Bob Chimkango argued that the defendants have not complied with the order of injunction.
Tambulasi asked the court to dismiss the AG’s application because it is supported by a sworn statement made by Deputy Speaker of Parliament Madalitso Kazombo.
He also observed that the office of the Speaker of Parliament and Deputy Speaker are totally different.
After hearing both submissions, High Court Judge Jack N’riva reserved the ruling on the matter to a date to be announced.
The injunction which the same court granted on August 18, restrained Speaker of Parliament from effecting Namomba’s removal as PAC chairperson and member.
The injunction also restrained Julius Mwase in his capacity as chief whip of the opposition Democratic Progressive Party (DPP).
In July, DPP legislators aligned to the embattled Leader of Opposition in Parliament Kondwani Nankhumwa took charge of most influential House committees.
Following expiry of Namalomba’s tenure, the party also replaced him with Zomba Chisi lawmaker Mark Botomani as PAC chairperson.
