Fisd takes on ACB boss over K4bn contract
Fisd Limited has asked the High Court of Malawi to review the decision by Anti-Corruption Bureau (ACB) deputy director general Elia Bodole stopping Ministry of Agriculture from awarding the firm a K4 billion contract.
In an application for the judicial review filed at the High Court of Malawi in Blantyre on September 6, Foundation for Irrigation and Sustainable Development (Fisd) Limited through lawyer Chancy Gondwe argues that Bodole’s decision to stop the Ministry of Agriculture from warding the company contracts is unreasonable and in bad faith.
The company says it believes that the ACB had already vetted the bids as procedural and that an intention to award a contract is only communicated after vetting with the graft-busting body.
Reads the statement of grounds: “The defendant has thus not been fair or equitable to the claimant in issuing the restriction notice.
“The decision of the defendant in arbitrarily issuing a restriction notice is irrational/unreasonable, ultra vires and inconsistent with the Constitution and the PPDAA [Public Procurement and Disposal Authority Act].”
Among others, Fisd prays for the High Court declaration that the decision by Bodole is unconstitutional, illegal, and unreasonable for not complying with the requirements under Section 43 of the Constitution.
The company also prays for an order staying the decision to issue the restriction notice and give the direction, arguing that the claimant is suffering heavy financial losses on a daily basis as it anticipated the implementation and administration of this contract.
Fisd further believes that a quick disposal of the matter will mitigate losses on either part for the idle labour being currently incurred.
On August 10 2022, Ministry of Agriculture issued a notice of intent to award a contract to Fisd for the construction of Mlooka Irrigation Scheme in Zomba amounting to K3.2 billion and rehabilitation of Ukanga, Wovwe, Hara, Mphinga and Chonanga irrigation schemes in Karonga worth K819.1 million.
But 12 days later, on August 22, ACB issued a restriction notice to the Ministry of Agriculture not to proceed with the award of the contract to Fisd, saying the bureau had instituted investigations against the company for an offence under the Corrupt Practices Act.
