Mobile company drags govt to Comesa Court
The contract saga between Malawi Government and prospective mobile phone service provider, Malawi Mobile (MM), refuses to die.
In the latest episode of the drama, Malawi Mobile has dragged government to the Comesa Court of Justice after being dissatisfied with the Malawi Supreme Court ruling on the matter.
Malawi Mobile’s deal was terminated by Malawi Communications Regulatory Authority (Macra) over contractual disagreements leading to a protracted legal battle.
The High Court’s decision in 2002 to award a $66 million (about K11 billion at that time’s exchange rate) compensation to the company was reversed by the Supreme Court.
But the company contends that the Supreme Court erred on the matter.
Both Macra director general Andrew Kumbatira and Attorney General Kalekeni Kaphale confirmed the development in separate interviews on Thursday.
“We have received the summons, we are challenging the matter, but for more details ask the Solicitor General as it is the government which has been sued in this case,” said Kumbatira.
Kaphale also confirmed that government lawyers have filed defence arguments following the company’s decision to take the matter against the Malawi Government to the Comesa Court.
He said the Malawi Government was also challenging the jurisdiction of the Comesa Court on the matter.
“We have put in two arguments. Firstly, we are challenging the jurisdiction of the Comesa Court. We believe the decision of the Supreme Court cannot be repelled as well. The Comesa Court cannot hear the matter.
“Malawi is a signatory of the court, but we believe Comesa does not have jurisdiction on the matter. The issue does not raise community law question and we believe the decision of the Supreme Court was a correct one,” added Kaphale.
Malawi Mobile lawyer David Kanyenda could not be immediately reached to comment on the matter as of Thursday.
Malawi Mobile is owned by a Sudanese consortium which planned to become Malawi’s third mobile services provider before its deal with Macra went sour.
