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arliament yesterday resolved to engage the Judicial Service Commission over what they call ‘misconduct’ by a Commercial Court.

The House was angered by a recent court order dated June 29 2022 to have a Lilongwe-based businessperson, Geleson Mkweza, pay about K747 000 000 for snatching keys from another businessperson who owed him money.

Mkweza has lost his service station in Lilongwe after failing to settle the amount.

Members of Parliament (MPs) termed the ruling questionable.

Parliament debated Mkweza court ruling

The development forced Rumphi East legislator Kamlepo Kalua to move a motion in Parliament for a bill to be drafted and tabled on the protection of people’s personal properties.

He said: “What surprises us is that there is a team of people, same people who benefit from such rulings regarding people’s properties. We cannot tolerate such [rulings] in our country.”

According to Kalua, there are over 10 cases which the courts have ruled in favour of the same individuals and the matters relate to confistication of property mainly service stations.

Deliberations on the matter took almost two thirds of yesterday’s parliamentary proceedings, leading the House to adjourn twice due to misunderstandings between members and the leadership of the House.

However, due to parliamentary standing orders, the House was informed by the Speaker Catherine Gotani Hara that the motion could not be entertained unless it went through the Business Committee of Parliament.

The House then adjourned for almost two hours and when it resumed in the afternoon, the Speaker announced that the committee had resolved not to discuss the matters as it involved a different arm of government.

She said: “We need to respect the Judiciary as a different arm of government because they have their own rules and steps of handling matters through the Judicial Service Commission, so the matter can’t be tackled here.”

Hara’s announcement brought commotion in the House as a number of MPs wanted to contribute on the matter.

Those who spoke argued that Parliament has the authority to provide checks and balances at any level of governance, including to the Judiciary.

Mangochi South legislator Shadreck Namalomba  (Democratic Progressive Party) said it is because of questionable rulings that citizens recently have demonstrated against the Judiciary.

He said: “Within the Judiciary, there are professional judges, but there also some who hand down questionable rulings.”

Dedza South legislator Ishmael Onani, Malawi Congress Party said Mzuzu-based businessperson Nthambazale Nyirenda lost a service station in a similar manner.

The MPs agreed to summon the judge who made the Mkweza ruling.

However, Minister of Justice Titus Mvalo advised the House that Parliament has no mandate to summon a judge and a resolution was made to have the Legal Affairs Committee engage the Judicial Service Commission on the matter.

According to court records, in August 2020 a businessperson Alfred Gangata bought K1.5 million worth of fuel on credit  at Mkweza’s service  station but delayed to pay the money.

In November 2020, Mkweza is alleged to have removed keys from a motor vehicle which at the time was carrying a compressor as well as keys for a compressor meant to drill boreholes in Nathanje.

Court records further indicate that Gangata sued Mkweza for loss of business and profits due to the absence of the keys.

In a ruling dated June 29, 2022 the Commercial Court Division of the High Court in Lilongwe ordered Mkweza to pay Gangata the sum of K747 million for loss of business and profits.

Following the judgement, Sherrifs of Malawi last week seized Mkweza’s service station and sold it at K610 million.

Mkweza values the service station, which include shops at K2.5 billion.

The House has adjourned to today.

As we went to press, Mkweza was granted relief by the High Court in Lilongwe.

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