Mzuzu (Maravi Post)—Youth Activist Charles Kajoloweka who is also the Executive Director of Youth and Society—fully backed by Church and Society organization of the CCAP Livingstonia Synod and Gift Trapence’s Centre for Development of People (Cedep)—have today 11th January 2017 filed to the Mzuzu High Court Registry an application praying among other things that Malawi Minister of Agriculture George Chaponda be restrained from discharging his duties as minister saying his continued discharging of duties is likely to affect the outcome of the inquiry.
Malawi leader Peter Mutharika instituted a Commission of Inquiry to investigate the scam in which Admarc reportedly bought maize at K26 billion from the Zambian company and it is believed that Malawi could have saved about K9.5 billion if it had bought the grain directly from the Zambian government.
Using their Lawyers, Messrs. John Tennyson & Assciates, Kajoloweka in the affidavit say that some members of the commission namely Dr. Janet Banda and Mr Isaac Kaliati are civil servants who are solicitor general and public auditor respectively are junior and perceived subordinate to Chaponda.
Kajoloweka argues that there may be bias with this commission of inquiry in carrying out its duties contrary to section 7 of the Commission of Inquiry Act.
“The decision by Mutharika to appoint … Janet Banda and Isaac Kaira, who are civil servants and therefore subordinates to the respondents…contradicts the impartiality of commissioners of inquiry as per section 7 of the Commissions of Inquiry Act, Cap 18:01 of the Laws of Malawi and clear principles of natural justice and constitutionalism,” reads part of the application.
The Youth Activist according to the court application also argues that allowing Chaponda to continue reporting for duties may give him an opportunity to tamper with evidence if he knows that the allegations made against him true.
“If leave to move for judicial review is granted, then the same should operate as an interlocutory injunction restraining Chaponda from discharging his duties as a cabinet minister pending a further order of this court,” the application reads.
The court is expected to make its determination tomorrow morning and Maravi Post will keep you updated.