The High Court sitting in Lilongwe has stopped the Malawi Energy Regulatory Authority (Mera) from implementing a decision to dismiss its Chief Executive Officer, Raphael Kamoto.
Kamoto was dismissed on February 6 2017 over issues surrounding Mera’s decision to purchase maize for the Agricultural Development and Marketing Corporation (Admarc) using K2.9 billion from the Price Stabilisation Fund (PSF).
High Court Judge Charles Mkandawire granted the injunction on Thursday.
“It is hereby ordered that the defendant be prohibited, by themselves, or servants and others whatsoever, from dismissing the plaintiff Mr. Raphael Kamoto until the determination of the main action or further order. It is further ordered that the plaintiff do file inter-parte summons for the injunction within 21 days of the date of this order,” reads the injunction.
It adds that Mera can apply to court at any time to vary or discharge the order but it should do so after informing Kamoto’s lawyers in writing at least 48 hours beforehand.
In an affidavit in support of the application, Kamoto questions the disciplinary hearing, which led to his dismissal.
“That it is my firm belief that the hearing was in bad faith and the whole process was a sham; that I have to this effect instituted an action to challenge the process under originating summons; that it is for these reasons that I believe it is in the interest of justice that the decision to dismiss me be pended until the hearing of the claim,” reads the affidavit, dated March 15 2017.
Kamoto is being represented by lawyer George Mtchuka Mwale.
Another court document, also dated March 15 2017, shows that Mwale emphasized the urgency of Kamoto’s application.
“I, George Mtchuka Mwale, a legal practitioner in the firm Nicholls and Brookes, hereby certify that the order of the injunction sought herein is extremely urgent,” reads the Certificate of Extreme Urgency.
Apart from Kamoto, Mera’s Director of Finance, Elias Hausi, had his contract terminated in connection with the same issue.
A press statement Mera Board released recently indicates that the decision was made for “their actions which led to non-compliance with the Public Finance Management Act and the Public Procurement Act, in the purchase of maize”.
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