Some civil society leaders under the banner Malawi CSO-led Black Economic Empowerment (Mablem) have asked Parliament to withdraw a motion to have the House committee investigate a judicial officer, saying such an act will undermine judicial independence.
Last Thursday, Rumphi East legislator Kamlepo Kalua moved a motion in the august House to allow for investigation against a judgement delivered in favour of Master Borehole Drilling Limited owner Alfred Gangata and against Gam Oil Limited owner Greciam Mkweza.
Addressing the press in Lilongwe yesterday, Mablem chairperson Robert Mkwezalamba said the debate in the House last Thursday over a court judgement is worrisome and a typical violation of the principle of separation of powers.
He said the motion was motivated by anger, selfish reasons and personal vendetta.
Said Mkwezalamba: “We are appealing to Parliament to withdraw and reverse the motion on the Judiciary submitted by Kalua.
“If Parliament does not respect our call, we will mobilise Malawians to go on the streets to protest against Parliament overreach.”
When contacted separately yesterday, both Mkweza and Gangata said they are willing to settle the matter outside the court as suggested by the CSO.
In January this year, Gangata sued for loss of business and profits for failure to use his drilling equipment for 12 months, and the court awarded him K747 million, accusing Mkweza of taking the law in his own hands when he had the right for litigation.
Mkweza protested the award of the damages and applied for stay of judgement both in the High Court and Malawi Supreme Court of Appeal, but his application was not successful, leading to seizure of his filling station at Kanengo.
The sheriffs have since offered the filling station to businessperson Bishop Abraham Simama at K610 million.