SRWB granted relief in K21bn water project
Malawi Supreme Court of Appeal has granted Southern Region Water Board (SRWB) relief to proceed with the K21 billion Mangochi Potable Water Supply Project.
In the ruling, Justice Ivy Kamanga has granted SRWB a stay of execution of a High Court order that stopped implementation of the project on March 16 2022.
Kamanga’s ruling has also granted SRWB leave to appeal the matter.
Reads part of the ruling: “When all issues are considered, I allow the stay of execution of the ruling until further determination of the substantive matters on the ground that there was abuse of court processes on the part of the respondents. Leave to appeal is also granted.”
On March 16 2022, the High Court of Malawi in Blantyre stopped SRWB from proceeding with the project that is expected to benefit approximately 93 000 people from Mpondasi to Mtakataka Turn-off in Mangochi District.
The High Court’s ruling followed an application by three non-governmental organisations (NGOs) challenging implementation of the project at Nkhudzi Hill inside Lake Malawi National Park, a protected and a World Heritage Site in the district.
The NGOs are Centre for Environmental Policy, National Youth Network on Climate Change and Movement for Environmental Action.
But following the ruling, the Attorney General’s chamber challenged the lower court’s ruling, saying it was an abuse of court processes.
In the civil application number 11 of 2022, the Attorney General’s chamber also argued that the High Court erred in law by failing to adhere to the Environmental Management Act, which says that grievances should be resolved before going to court.
The High Court’s ruling was also challenged on the basis on the basis that it erred in law in holding that the correct party to disclose the information were the NGOs and not the Malawi Environmental Protection Authority.
In an interview yesterday, Attorney General Thabo Chakaka Nyirenda said the ruling means the project will continue.
However, l a w y e r representing the NGOs, Paul Mzembe, was not available for comment yesterday.
The project is funded by the Kuwait Fund for Arab Economic Development.
