Court reinstates Namalomba in PAC role

The High Court of Malawi has granted former Public Accounts Committee (PAC) of Parliament chairperson Shadric Namalomba relief to revert to his previous role, including membership to the oversight committee in the interim.

In an order for an injunction Namalomba obtained through his lawyer Felix Tambulasi of Robert Lexis Global Consultants, High Court Judge Jack N’riva also stopped Speaker of the National Assemby Catherine Gotani Hara from recognising the appointment or election of Zomba Chisi legislator Mark Botomani as the new chairperson of PAC.

The injunction also restrains Julius Mwase from acting in his capacity as chief whip of the opposition Democratic Progressive Party (DPP) in Parliament.

The judge said he was satisfied that Namalomba made out a case entitling him the order restraining the three from enforcing and effecting the decision to remove him as PAC chairperson and member.

The order means the Speaker, Mwase and Botomani are compelled to continue recognising Namalomba as the chairperson and member of PAC until the court makes a fresh order on the matter.

However, the court has given Namalomba, who is Mangochi South West legislator (DPP), seven days from yesterday to file and serve on the three individuals a notice of application for the continuation of the provisional order.

Reads the injunction order in part: “The defendants may apply to the court at any time to vary or discharge this order but if they wish to do so, they must first inform the claimant’s lawyers in writing at least 48 hours before hand.”

Last month, DPP legislators aligned to the embattled Leader of Opposition in Parliament Kondwani Nankhumwa took charge of most of the influential House Committees, including PAC.

Following the expiry of Namalomba’s tenure, the party replaced him with Botomani as PAC chairperson.

In his instant reaction to Botomani’s appointment, Namalomba congratulated his successor and thanked Parliament Secretariat staff for the support rendered to him during the time he served as chairperson.

Nankhumwa, who is estranged DPP vice-president for the South, is not officially recognised by his party’s leadership as the Leader of Opposition in Parliament. The leadership has twice attempted to replace him. However, court interventions have kept him in office.

Recently, Nankhumwa appointed a shadow Cabinet whose members automatically became apparent spokespersons on various matters in Parliament, but the party disowned the Cabinet which saw some key party legislators rejecting their appointments.

Following the shadow Cabinet appointments, Nankhumwa came up with a new seating arrangement in the House where shadow Cabinet ministers were accorded front seats while mere members such as Namalomba were pushed to seat 100.n