Court dismisses Ombudsman application on Kachaje’s injunction

The Supreme Court of Appeal has dismissed an appeal by the Office of the Ombudsman which was seeking vacation of an injunction stopping the release of findings of a probe into the recruitment of Malawi Energy Regulatory Authority (MERA) Chief Executive Officer Henry Kachaje.

In the ruling by a panel of nine judges which was read out by Justice Rowland Mvundula, the court agreed with arguments by the appellant that the application was premature as the High Court was yet to hear the full matter following an injunction obtained by MERA.

MERA obtained the injunction and was granted permission for judicial review on November 10, 2021.

Earlier, the High Court also dismissed an application by Ombudsman to remove the injunction in December 2021.

Said Mvundula: “We expect the High Court to deal with this matter expeditiously. The full ruling of this court will be available soon.”

In an interview after the proceedings, Ombudsman Grace Malera said: “We have noted the court’s ruling and we shall proceed accordingly.”

On his part, lawyer for MERA Wapona Kita welcomed the ruling saying the law provides that one can appeal after the lower court has exhausted a matter.

The Office of the Ombudsman was served with the injunction 10 minutes after Malera and her team started presenting findings of the investigative report titled ‘Curbing Impunity’ at a press briefing in Lilongwe.

Source:NPL