PML, Ombudsman move to withdraw case
Power Market Limited (PML) and Ombudsman Grace Malera have expressed commitment to withdraw a case in which PML got an injunction and sought a judicial review of the latter’s decision to hold a public inquiry into the recruitment of some PML staff.
The move to withdraw the case is subject to conditions to be agreed by the parties.
The case yesterday came up for hearing of an application for judicial review, but the parties indicated that they were in talks to have the matter settled out of court.
The development saw the matter, which was held in camera, being adjourned to give room to the parties to discuss and agree on the way forward.
In an interview after the court session, lawyers for both parties said the matter may be withdrawn subject to conditions to be agreed by the two sides.
PML lawyer Wapona Kita said the parties are expected to sign a consent order and both parties will make inputs on what is to be agreed.
“There is already a draft consent that has been made and each party is putting in ideas,” he said.
The consent order is expected to be filed in court within seven days.
Asked what PML is pushing for in the consent order, Kita declined to reveal the contents, saying it is an issue still under discussion.
However, the lawyer stressed that PML was not against the public inquiry, but failure to have PML heard before proceeding with the inquiry.
He said PML was not aware of the complaint concerning recruitments at PML and it was surprising that there was going to be a public inquiry into recruitment of officials at PML.
Kita said the Ombudsman has committed to provide details of the complaint to PML.
Meanwhile, the injunction PML got restraining the Ombudsman from conducting the inquiry remains in place.
Ombudsman’s lawyer Wesley Mwafulirwa confirmed the matter will be withdrawn subject to further terms agreed by the parties.
He also confirmed that the consent is to be filed within seven days and that the injunction is still valid.
Electricity Supply Corporation of Malawi Staff Union complained to the Ombudsman, alleging that the recruitment process of top officials at PML, including its chief executive officer Rosemary Mkandawire, was irregular and unprocedural.
