The Attorney General Thabo Chakaka Nyirenda has asked the High Court in Blantyre to remove an injunction obtained by Democratic Progressive Party (DPP) Mangochi Southwest lawmaker Shadreck Namalomba which restrains speaker of national assembly from recognizing his fellow DPP legislature, Mark Botomani, as new chairperson of Public Accountants Committee (PAC).
On August 18 this year, the court granted an injunction stopping Botomani to discharge his duties as PAC chairperson after he was elected by the August House replacing Namalomba who is claiming that his removal from the position was against the proper procedure.
But on Thursday, the Attorney General, asked the court to discharge the injunction with costs by giving nine grounds for his argument.
Some of the arguments raised by the state include that Namalomba sued the wrong party and in this case the Speaker of National Assembly instead of suing the Attorney General.
He also said it was wrong for Namalomba to obtain an injunction against government saying the government is immune in terms of the law as stipulated in the public officer’s Act of section 10.
He further raised the issue to do with the court not having the business to interfering with the internal matters of parliament.
“The example that we have given is that this was the matter of election, and we are in democracy, people should be free to elect the leader of their choice and the leader should not be imposed. So once the leaders have been elected or appointed, it now behooves the parties to recognize and move forward so the court cannot impose a leader on any parliamentary committee to avoid creating dangerous precedence which can haunt us in future,” Nyirenda said.
But lawyer representing Namalomba, Bob Chimkango, has insisted that his client was removed from the position before the expiry of his tenure.
“Basically, our argument is that it was wrong for the DPP Chief Whip to remove Honorable Namalomba as member and chairperson of PAC because according to the laws, that Committee is supposed to run throughout the life of the parliament, so dissolving it or removing a member was wrong,” Chimkango said.
Meanwhile, Judge Jack Nriva, has reserved his ruling on the matter to a later date.
