LILONGWE-(MaraviPost)-The country’s Malawi Civil Society Led Black Economic Empowerment Movement
(MaBLEM) Taskforce wants Chief Justice Rezin Mzikamanda to act Justice Ken Manda for suspected “Judge shopping” in some cases of important including
Freezing Order against Salima Sugar Corporation Limited (SSCL).
MaBLEM observes that Judge Manda has been making questionable court orders including Gam-fuel with Alfred Gangata, Zameer Karim of Pioneer Investment and among others.
Addressing the news conference on Saturday, October 5, 2024 MaBLEM Board Chairperson and National Coordinator Robert Mkwezalamba and Fryson Chodzi respectively expressed worrisome shocking and unjust court decision, the Commercial Division of the High Court in Blantyre on 4th October 2024 issued a freezing
order against Salima Sugar Corporation Limited (SSCL), pending the resolution of an ongoing legal dispute between SSCL and Mukteshwar Sugar Mills Limited.
Reads the statement, “Freezing orders are typically granted in situations where the defendant might be unable to meet financial obligations if funds are used before the case is resolved.
“However, SSCL is a public company, fully operational and financially sound. The use of its funds would in no way hinder its ability to meet any potential liabilities, should the court eventually rule in favor of the applicants. Therefore, this freezing order is entirely unjustified”.
“This ruling, which effectively halts SSCL’s operations, has raised serious concerns within the MaBLEM movement and the Malawian public at large.Our Stand as MaBLEM.
“MaBLEM, having tirelessly worked to secure SSCL for Malawians and wrestle it from foreign interests that were depleting its resources, is outraged by this court’s decision,” observes the duo in a presser.
MaBLEM notes further, “We are also alarmed by the decision of the applicants to file their case in Blantyre, despite both SSCL’s and the applicants’ offices being based in Lilongwe, where there is a commercial division court.
“This tactic suggests potential “judge shopping,” undermining confidence in the fairness and integrity of the judicial system”.
MaBLEM appeals, “We urge the Attorney General to report the judicial officer responsible for this decision to the Judicial Service Commission and the Malawi Law Society for athorough investigation.
“We further suspect that external inducements may have influenced this ruling, and we call upon the Anti-Corruption Bureau (ACB) to investigate these allegations”.
MaBLEM challenges Chief Justice Mzikamanda, “We further call on the Chief Justice to undertake a review of the case file and ascertain fairness and justification of the order by the learned judge against National Asset”.
The grouping also urges Attorney General Thabo Chakaka-Nyirenda to swiftly lift the court order, “The Attorney General must act swiftly to reverse this ruling. SSCL cannot afford even a single day of halted operations without severe consequences for the company and the nation”.
Judge Manda injunction comes as both Illovo and SSCL scheduled to wind up production this October.
The freezing of SSCL’s operations will have disastrous effects on sugar availability nationwide.