Courts grant Macra staff relief

The High Court in Blantyre has granted five former and current employees of Malawi Communications Regulatory Authority (Macra) permission to bring a judicial review challenge in a case they are being accused of fraud and abuse of office.

On the other hand, the Industrial Relations Court (IRC) has also granted the current employees an order of urgent interdict, restraining Macra from holding disciplinary hearing pending final disposition of the matter or the court’s further order.

The three former employees, are director of finance Ben Chitsonga, director of broadcasting Fegus Lipenga and procurement manager Grace Kaphale.

The current ones are acting director of finance Elvin Mwapasa and procurement officer Edson Makobili. They were both suspended after their arrests pending disciplinary hearing.

The five are being accused of soliciting about K277 million from Thengo Investment in relation to the delivery and installation of television and radio content studio equipment for Malawi University of Business and Applied Sciences (Mubas) in Blantyre.

But they went to the court seeking permission to commence judicial review proceedings, arguing, among others, that the decision by police to arrest them was wrong under Section 95 of the Penal Code as it was effected without a warrant of arrest issued by the court.

But in his ruling, Judge Jack N’riva agreed with the claimants and opined that the allegations against them raised issues of “untoward, illegal or unconstitutional conduct on the part of the part of defendants.”

The judge further stayed police’s decisions until the final disposition of the application for judicial review.

In the order of urgent interdict, IRC chairperson Austin Msowoya ordered and directed Mwapasa and Makobili to file a motion inter partes for the production of documents within seven days.

Lawyer for the accused, Clement Mwala, said the development meant they will have to proceed with full hearing of the judicial review whose dates have not yet been set.

According to court documents, the five allegedly committed the offences between September 2021 and January 2022