Namalomba loses PAC chair case
High Court Judge Jack N’riva has discharged an injunction he granted to Mangochi South East legislator Shadric Namomba (Democratic Progressive Party- DPP) to remain chairperson of Parliament’s Public Accounts Committee (PAC).
The judgement means that Namalomba is no longer chairperson of the committee.
In a ruling dated October 21 2022, the Blantyre-based judge said there was need to determine whether Namalomba had a serious question to be determined.
N’riva said: “To mount a serious question to be tried, a claimant must establish a prima facie case. In this matter, it is not quite clear that the claimant is raising a prima facie case.
“Even if it did, looking at the claim, one may argue that the claimant’s losses could be remedied in damages. It is a question of what he would have lost, should the defendants be in the wrong.
“I believe this is sufficient to deal with the issue of whether to sustain the injunction or not. On this ground, the court discharges the order of interim interlocutory injunction.”
The ruling comes barely days after Namalomba accused the Speaker of Parliament Catherine Gotani Hara of stopping PAC inquiries when there was an injunction which ordered his reinstatement as the chairperson of the committee.
In August this year, N’riva stopped the Speaker of Parliament from recognising the appointment or election of Zomba Chisi legislator Mark Botomani (DPP) as the new PAC chairperson.
During the hearing, the Attorney General Thabo Chakaka- Nyirenda, among others, argued that Namalomba commenced a case against the wrong party.
But Namalomba through his lawyers Felix Tambulasi and Bob Chimkango asked the court to dismiss the AG’s application because it was supported by a sworn statement made by Deputy Speaker of Parliament Madalitso Kazombo.
The judge, however, concurred with the AG that the Speaker was not the right person to be a defendant in the case.
The AG on Tuesday said he was satisfied with the ruling.
Wapona Kita, the lawyer for the third defendant, Botomani, who was elected to replace Namalomba, said his client now reverted to his position as chairperson of PAC.
