The ruling Democratic Progressive Party (DPP) and Zameer Karim of Pioneer Investments (PI) have appealed to the full bench of the Supreme Court of Appeal, the ruling by Justice Rezine Mzikamanda, that the two institutions’ accounts should remain frozen.
Unsatisfied with the ruling, lawyer for DPP, Chancy Gondwe, Friday afternoon filed a notice of motion for an order reversing or setting aside Mzikamanda’s decision on the matter.
He argued that Mzikamanda’s decision is flawed, and wrong in both law and principle. Gondwe said the motion, dated September 14 2018, will be heard before the full bench of the Supreme Court of Appeal.
Prays the motion: “Reversing/varying the decisions of the Honourable Justice Mzikamanda SC, JA dated 14th September, 2018 granting an order for stay of execution of the Ruling of Hon Justice Nriva dated 20th day of August 2018 on the grounds inter alia that the learned Justice of Appeal erred in principle and law.
“Reversing the decision of Justice Mzikamanda SC, JA declining to strike out the Notice of Appeal herein on the ground that the same was frivolous, vexatious and an abuse of the court process and for otherwise being in error on principle of law.”
YAS lawyer Doreen Manjandimo, said she was not aware of the appeal when contacted on Saturday.
On Friday, Mzikamanda stayed in entirety the ruling of the High Court which dismissed Mzuzu-based Youth and Society (YAS) in a case in which it dragged PI and DPP to court over the K2.7 billion food rations deal at the Malawi Police Service.
High Court Judge Jack N’riva dismissed the civil society organisation (CSO) in the case on the basis that it has no sufficient interest and cannot sue on behalf of Malawians.
N’riva further discharged Karim’s K1.5 billion and DPP’s K145 million, a decision YAS protested by obtaining an order from the Supreme Court to have the determination stayed.orders freezing the accounts for
On Friday, Justice Mzikamanda of the Supreme Court of Appeal stayed the decision of the High Court entirely, meaning the case that was dismissed remains intact pending determination of the appeal on whether YAS has locus standi or not.
The case follows a leaked Anti-Corruption Bureau (ACB) report last November which claimed that PI overcharged the police by K466 million on the basis of 20 percent exchange rate losses that were neither incurred nor provided for in the contract.
The report also established that K145 million from the K466 million was deposited into a DPP account at Standard Bank whose sole signatory is President Peter Mutharika.
YAS then took the DPP and PI Ltd to court after the two failed to pay back the money, having demanded such through demand letters on July 17 2018.n