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| National |
| Muluzi not to blame clean on UDF vehicles—High Court |
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by
Pilirani Semu-Banda, 14 January 2005
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11:05:17
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The High Court in Blantyre on Wednesday said former president Bakili Muluzi should not be blamed for failing to pay duty on UDF vehicles because he was not working in the Malawi Revenue Authority (MRA) and cannot be accused of having evaded duty.
The court last Friday went on to order MRA to return vehicles it grabbed from UDF officials by close of business on Thursday.
Court records sourced by Nation Online indicated that Judge George Chimasula Phiri stated that it must be the “boss of MRA who should explain why he did not charge duty on those vehicles” after the revenue collection body asked the court to set aside an injunction which stopped it from continuing seizing vehicles
Last Thursday, MRA applied to the High Court for a search warrant which was granted by the registrar and on the next day, the revenue authority conducted searches and grabbed some of the vehicles, including one belonging to party secretary general Kennedy Makwangwala.
But UDF got an injunction stopping the seizure last Friday and MRA followed with another application for the injunction to be removed.
And ruling on MRA’s request for the injunction to be removed, Chimasula-Phiri wondered why the authority’s legal powers on search and seizure had to be made through the court and “not inherent statutory powers”.
“As a court of equity, I sniff sinister motive. The cleanliness of the hands of [MRA] is doubtful. I would render my sympathy to [Muluzi]. After all, it must have been the incompetence of the respondent if at all duty was lost through nonpayment,” said the judge.
He said it must be the “boss” of MRA who should explain why he did not charge duty on those vehicles.
“With a very clear conscience, I am of the view that the search and seizure order cannot stand. However this does not imply that duty is not payable,” said Chimasula-Phiri.
He said if MRA can show that the vehicles were not for personal use by the President, “he must surely pay duty, if time for paying for such duty has not lapsed”.
The judge also said he finds it unfortunate that the timing of this action may be blown out of proportion because of political undertones.
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