By: Lloyd M’bwana
Two private owned transporter companies sailing their water vessels on the Lake Malawi-Nkhata Bay-Likoma route have obtained an injunction from the seating High Court in Mzuzu stopping Malawi government to implement its decision to limit number of trips in a week.
The two companies including Donald Kamwanja and Mackenzie Malungo of Lamani Boat and Malungo transport respectively got the straining order on March 21, 2016 describing the move as discriminatory and blow to business.
In the affidavit The Maravi Post sourced from the court signed by George Kadzipatike of Jivason and Company, a lawyer representing the two water transporters are satisfied that their right to economic activity in a liberalized market has been violated contrary to the Malawi’s constitution section 29.
The court document reveals that the two companies were surprised to learn that the Marine Service department only concentrated on the Nkhata Bay route leaving out Senga Bay-Makanjira, Nkhata Bay-Usisya routes where MV Illala and Chambo operate.
Consequently, the seating Mzuzu High Court Judge Dingiswayo Madise granted an injunction restraining the Marine department to implement the decision and therefore called for inter-parties hearing within seven days.
“An injunction is thereby granted restraining the respondents, their agents, servants or whatsoever from limiting the number of trips which the applicants’ passenger vessels can make on the route in question until a further order of this court”, concludes Judge Madise’s restraining order.
Meanwhile, John Mhango, Department of Marine Services Director on record received the court order but argued that the two complainant’ companies were allowed to operate in the said route as a relief for the MV Illala which was down three months last saying the two violated the rules and regulations of water transport whose passengers safety was paramount.
Mhango alleged that the duo usually exceed their carrying capacity, moving with few life-saving jackets and also malfunctioning spare parts engines which have pressure on how could save people if some bad happens on the waters.
Mhango however said the department will channel the court issue to the Minister through the Principal Secretary before engaging the Attorney General for legal advice and how to proceed with the case.
