Attorney General Thabo Chakaka Nyirenda says his office will challenge an injunction obtained by Shadric Namalomba, former Chairperson of Public Accounts Committee of Parliament- PAC.
The order of injunction granted on Tuesday by Judge Jack Nriva, is restraining Speaker of Parliament Catherine Gotani Hara, Zomba Chisi legislator Mark Botoman and Julius Mwase, chiefwhip of Democratic Progressive Party-DPP in parliament- from removing Namalomba as chairperson and member of the Public Accounts Committee.
Speaking to MIJ Online, Nyirenda said he has received instructions to challenge the injunction arguing that the Speaker of the national assembly has no legal capacity to be sued because the law provides that one has to sue the Attorney General when suing a public officer.
“We are also trying to make an application to have the whole case dismissed on the mere fact that you have here a speaker who should have never been sued. When you are suing government, you sue the Attorney General and when you are suing the Attorney General you have to give three months prior notice. That three months prior notice has not been given,” Nyirenda told MIJ Online.
In addition, Nyirenda has said there is a similar injunction that was obtained by Namalomba in Zomba on similar facts arguing this is an abuse of court process and the law does not allow that.
“We have in this case a serial litigant who commences so many case on similar facts in different courts. For the injunction, there was need to disclose all relevant and material facts. The relevant facts include that there is a similar injunction in Zomba, “he added.
Further, Nyirenda said Namalomba did not disclose to the court that parliament regulates its own proceedings and that for one to be chairperson, it is by way of election and not by appointment or by way of a court order.
According to Nyirenda, such a move also sets a dangerous precedence.
