MLS objects to South Africa lawyers’ admission

Malawi Law Society (MLS) is objecting a request from Malawi Electoral Commission (MEC)  to hire South African lawyers to help them in the election court case.

In a memorandum to members, honorary secretary Martha Kaukonde said they have come out with four grounds on objection to the admission of South African lawyers.

“The procuring entity appears not to have complied with the Public Procuremetn Act when enganging the foreign counsel,” she said.

She added that the Electoral Commission did not comply with the Public Fiance Management Act,  Regulations and Constitutional guidelines when hiring the foreign lawyers.

“The agreememt to pay the sum of US$788, 300 apperas not to be in line the prescription of affair and  reasonable charges prescribed under the Legal Education and Legal Practioners Act and Rules,” she said.

According to MLS vice chairperson Patrick Mpaka, the Public Procurement and Disposal Assets Authority failed to justify why MEC was allowed to use singe source procurement in the recruitment of the lawyers.

He also said MEC failed to provide proof of funding, as procurement entity, prior to the hiring the foreign lawyers and did not comply with Public Finance Management Act.

The lawyres’ body has asked court that the financial transaction involved in the hiring of the South African lawyers should be declared illegal.

MEC wants to use South African Lawyers; Dumisa Buhle Ntsebeza and Elizabeth Makhanani Baloyi Bere, in the electoral case appeal.