The High Court in Blantyre has ruled that the Mzuzu based Youth and Society (YAS) has no rights to present the K145million case to court on behalf of Malawians.
This follows an application by YAS moving the court to order Standard Bank Plc to freeze an account for the ruling Democratic Progressive Party (DPP) through which the party allegedly received K145 million from Pioneer Investments Limited in the Malawi Police Service food rations deal.
The court, based on an application made by YAS through Ritz Attorneys-at-Law, had set aside an inter-parties hearing of the freezing to August 3 2018, where again the DPP applied for the dismissal of the matter on the basis of YAS’s lack of sufficient interest in the matter.
In the Civil Case No.215 of 2018, DPP’s secretary general Greselder Jeffrey and legal affairs director Charles Mhango are first defendants on their own behalf and that of members of the DPP, Zameer Karim of Pioneer Investments was second defendant while Innocent Bottoman of Police was the third defendant.
On the other hand, Standard Bank Plc, National Bank of Malawi Plc, director of the Anti-Corruption Bureau (ACB) and former Secretary to Treasury (ST) Ronald Mangani are first, second, third and fourth parties cited, respectively.
But in today’s ruling, the Blantyre High Court sustained DPP’s application and throw out the case.
In an interview with the public broadcaster, MBC, lawyer representing the DPP Chancy Gondwe from Gondwe and Attorneys, said the court noted that YAS had no sufficient interest in the matter.
Said Gondwe: “We made an application to court to have the matter dismissed on grounds that the Youth and Society – YAS, does not have sufficient interest in the matter and it its ruling, the court agreed with our observation that YAS does not have sufficient interest in the matter and it cannot prosecute matters on behalf of the people of Malawi or even on behalf of the attorney general. And to that effect, the court proceeded to set aside the proceedings. And consequently, the freezing orders that YAS obtained against the Democratic Progressive Party, Charles Mhango, Greselder Jeffrey has been set aside, meaning the DPP can continue using the account.”
According to Gondwe, the court has also ordered that YAS should pay for the legal cost incurred by the DPP in the matter.
Lawyer representing YAS Bright Theu was not immediately available for comment as went to the press on Monday afternoon.