Judge Mbadwa: This court has received a petition from Jonah Kapita of the Association of Disgruntled Consumers; that revered activist who for a long time has been holding a silence protest and never bothered to bring matters to this tribunal.

It must really be something that has forced this eminent citizen to come out of a perceived retirement to address this court.

Mr Kapita, what issues do you have with the Nyasaland Electricity Supply Corporation (Nyesco)?

Kapita: My Lord, I firstly want to put it on record that I never retired from activism only that I was in self- imposed hibernation because I thought the activism platform was becoming saturated as every Jim and Jack could put on activist garb anytime they were broke.

My lord, we have witnessed people changing roles from comedians into activists of sorts while some cadets, young democrats and youth leaguers have assumed roles of activists in their own right.

My Lord, I am not in the least belittling colleagues who have been relentlessly fighting for the rights of the citizens but I am talking about party cadres who claim to be human rights activists.

Sorry for my digression, my lord, because the authenticity of the activists is not in the least my worry at this stage but the proposal by the Nyasaland Electricity Supply Corporation to increase tariffs by 99 percent. My lord, without spending much energy on the matter, the proposal is not only unjustifiable but also a mockery of the consumers’ economic status.

My lord, others have eloquently argued against the wholesale increase such as that stalwart of economics who argues that all Nyasas are facing the same challenges brought down by devaluation; hence, why should Nyesco be an exception?

My Lord, but as consumers, while we agree that tariffs can only increase by at least 10 percent, we cannot allow Nyasaland Energy Regulatory Authority to bow down to Nyesco’s demands when nobody up now has been taken to task for the loss of 4.2 million litres of fuel worth K4 billion.

My lord, consumers should not be punished for the inefficiencies of the corporation, no!

Then there is the issue of misprocurement where the entity purchased envelopes which could be used for the next 20 years. We are also aware of containers full of gadgets that are not compatible to our system.

My lord, we know politicians abused the corporation and consumers should not be punished on their behalf. Those politicians who brought down the company should be taken to account before we start talking about increasing tariffs.

We also believe the figures they cited were sexed up; something this court can take up because that surely is a crime. I rest my case.

Judge Mbadwa: The court agrees with Kaipa that Nyesco has found itself in this mess because of its inefficiencies. The citizens should not be forced to pay tariffs through the nose because of this. Let the corporation put its house in order first. This tribunal hereby orders Nyasaland Energy Regulatory Authority (Nera) to reject the corporation’s proposal. 

Made this day of August 21 2022.

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