The High Court in Blantyre yesterday allowed the Farm Input Subsidy Programme (Fisp) to proceed after Transglobe Export Limited offered to put aside a stay order it obtained earlier.
Lead lawyer representing Transglobe, Modecai Msisha, told the court that the applicant, after getting legal advice and considering the impact the stay order was to have on the nation, had decided to mute the stay.
Msisha told the court that he discussed the matter with the Attorney General Charles Mhango, adding that the decision was made without going into its merits and demerits.
He told the court that Transglobe accepted to take down the stay order for national good.
But Msisha said the applicant would still want to proceed with judicial review on a decision that was made by State agencies to leave out Transglobe from participating in the Fisp.
The court was yesterday set to hear Transglobe’s application for continuation of the stay and to hear government’s application to have the stay order vacated, but Transglobe changed the situation after it voluntarily offered to have the stay vacated.
Mhango confirmed to the court that they got the offer to have the stay muted, adding that they welcomed the proposal.
The AG, however, said the issue of costs was not discussed, arguing that they tirelessly prepared on the matter to have it resolved and he asked the court to award his team costs.
He said if the court accepted the voluntary vacation of the stay, Transglobe be awarded the costs of the matter.
But Msisha protested the AG’s proposal that the applicant must bear costs, warning if that was the case, they better go back to square one and proceed with the matter, meaning the stay order was to remain.
But determining the matter, presiding judge Kenyatta Nyirenda said costs are awarded at the discretion of the court.
He said this was an appropriate matter where no reward of costs should be considered.
The judge accepted Transglobe’s offer to take down the stay order, meaning the Fisp may proceed without any hindrance.
The court, however, proceeded to hear government, through the AG, as he made the application asking the court to dismiss leave for judicial review which the court granted to Transglobe earlier in October.
Parties were now battling it out on this matter about the judicial review as we went to press.