Mulli wins against AG, Health Ministry
The High Court in Blantyre on Friday granted an injunction against Attorney General’s (AG) decision to stop Mulli Brothers Limited (MBL) from participating in government contracts.
Justice Chimbizgani Kacheche further granted MBL permission to commence judicial review of the AG’s decision to debar companies of Mulli from participating in government contracts.
MBL, in this particular case, had a contract with Ministry of Health but Pu blic Procurement and Disposal of Assets (PPDA) withheld a No Objection owing to the AG’s directive.
The court found that there are issues worth to be heard in the judicial review, and the injunction issued against AG Thabo Chakaka – Nyirenda effectively permits MBL to participate in government contracts.
The court learnt earlier that PPDA director general (DG) withheld a No Objection to the contract of MBL based on a May
12 2022 letter the AG wrote which stated that the recommended supplier was on the list of firms that are not supposed to do business with government, effectively terminating the contract.
MBL had a contract with Ministry of Health to provide warehousing and distribution services of long-lasting treated mosquito nets.
The court, in its ruling on Friday, also dismissed the AG’s objection to the judicial review and granting of the injunction
on grounds that the applicant (MBL) used confidential information from PPDA in filing its application and failed to disclose that Leston Mulli, chairperson of MBL, had debts with government and was a n s w e r i n g criminal charges.
The judge found the arguments irrelevant and said the information the AG claimed was confidential and obtained illegally by the claimant was supplied to the claimant’s lawyers upon request.
Justice Kacheche also dismissed the AG’s argument that the applicant was relying on hearsay evidence, arguing it was accepted at the stage the case was.
John Kalampa, one of the lawyers for MBL, said in an interview after the court’s ruling that they would proceed to file necessary papers in preparation for the judicial review on a date to be set.
He said the ruling by the High Court to stay the decision of the AG, debarring Mulli Brothers from participating in pub l i c procur ement proceedings was welcome.
“We maintain our position that the AG’s decision to blacklist our client is overly ambitious, illegal and in exercise of power that he does not have,” Kalampa said.
Alex Nampota, one of the lawyers for MBL, told Kacheche earlier that the decision by the AG to debar MBL was not backed by law.
Supported by lawyers Lusungu Gondwe , Wanangwa Hara and Kalampa, Nampota argued that the decision by the PPDA not extending MBL’s contract was outrageous.
He asked the court to grant permission for judicial review and a stay order to put aside the decision by the PPDA and
