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| National |
| Court refuses MRA boss injunction |
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by
Pilirani Semu-Banda, 02 November 2004
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18:51:58
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The High Court in Blantyre on Tuesday refused to grant an injunction to Malawi Revenue Authority (MRA) commissioner general Ernest Mtingwi against a restriction order by the Anti-Corruption Bureau (ACB) which stopped him from reporting for duties.
High Court Judge George Chimasula-Phiri only allowed Mtingwi to proceed with a judicial review on the decision by ACB.
Earlier on Mtingwi’s lawyer Noel Chalamanda had filed arguments to Chimasula-Phiri asking him to quash the restriction order and to restrain MRA from effecting and implementing it.
Chalamanda also asked the judge to order that the tax collecting office reinstate Mtingwi to his employment and to issue an order for damages “arising from and occasioned by the restriction order”.
He also asked the court to order that there should be an expedited hearing of the application for a judicial review.
“If leave to apply is granted, that the same should operate as an order of injunction restraining the respondents [ACB and MRA] from effecting and implementing the restriction order,” stated Chalamanda.
He argued that the restriction order against Mtingwi did not contain any reasons for his restriction, that his client has not been asked to give his side of the story, has not been charged with any offence and that he is not aware of any investigations being carried out by ACB and that the restriction order does not specify any offence being investigated against him.
“The restriction order is therefore seriously wanting as to warrant any such deprivation of the applicant’s right to employment whereby he earns his living,” stated Chalamanda.
But Chimasula-Phiri, in his ruling, said he was only granting leave for an expedited hearing for a judicial review.
“The court refuses to make an interim injunction order on ex-parte basis [individually]. If it is the wish of the applicant to pursue this aspect, he can do so on inter-partes summons,” said Chimasula-Phiri. |
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