Mulli fights AG on disbarment

Mulli Brothers Limited has written Attorney General (AG) Thabo Chakaka-Nyirenda to withdraw his instruction to Public Procurement and Disposal of Assets Authority (PPDA) to disbar it from government contracts.

Mulli Brothers’ lawyers, Ritz Attorneys-At-Law, have told Chakaka-Nyirenda, in a letter dated July 15 2022, that their client believes he has a right to fair administrative action.

“This includes the right to be heard. The Attorney General has no right to condemn our clients unheard,” reads the letter signed by lawyer Lusungu Gondwe.

But Chakaka-Nyirenda, in an interview yesterday, dared Mulli Brothers to bring it on, arguing that “the law does not allow dodgy suppliers to participate in public procurement”.

“The law does not allow a person to form multiple companies to compete for single procurement,” he said.

In the letter, the lawyers say they wanted the AG to withdraw his decision/direction to PPDA director general, which is preventing Mulli Brothers Limited from participating in public procurement opportunities.

They said the AG’s decision is corroborated by a letter from the PPDA director general, dated May 12 2022, in which he instructed Secretary for Health not to do business with Mulli Brothers as it has issues that need clearance from the AG’s office.

“Our client believes that under the PPDA Act, the Attorney General has no powers to prevent any service provider from participating in public procurement and disposal of assets.

“In any case, the Act has an elaborate framework for

disbarring or preventing any business from participating in public procurement. There is no need for the Attorney General to meddle in or interfere with the independence of the PPDA.

“Our client wishes to register its serious concerns with the Attorney General’s usurpation of the powers of the PPDA. The Attorney General’s office is exercising powers which it does not have under the Act. The directions/decisions of the Attorney General are clearly ultra vires to the Act and, therefore, unlawful,” the lawyers argue.

The lawyers demanded the AG to withdraw the decision and were expecting the AG to confirm reversal of the decision within 48 hours from the date of the letter.

“Should we not receive such confirmation within the stated period, we have our client’s instruction to take the most drastic legal steps against the Attorney General by way of judicial review proceedings,” they write.

The AG has also previously instructed Malawi Defence Force and Malawi Police Service to disbar some companies from participating in government contracts as their owners are answering some criminal charges

NATION

any business from participating in public procurement. There is no need for the Attorney General to meddle in or interfere with the independence of the PPDA.disbarring or preventing

“Our client wishes to register its serious concerns with the Attorney General’s usurpation of the powers of the PPDA. The Attorney General’s office is exercising powers which it does not have under the Act. The directions/decisions of the Attorney General are clearly ultra vires to the Act and, therefore, unlawful,” the lawyers argue.

The lawyers demanded the AG to withdraw the decision and were expecting the AG to confirm reversal of the decision within 48 hours from the date of the letter.

“Should we not receive such confirmation within the stated period, we have our client’s instruction to take the most drastic legal steps against the Attorney General by way of judicial review proceedings,” they write.

The AG has also previously instructed Malawi Defence Force and Malawi Police Service to disbar some companies from participating in government contracts as their owners are answering some criminal charges.

NATION