YAS Pens Ombudsman on “PARTISAN A-G”, Procurement of RSA Lawyers

Charles Kajoloweka Youth and Society Executive Director Charles Kajoloweka Youth and Society Executive Director

Dust is refusing to settle in the procurement of the South African based lawyers with a youth human rights body, Youth and Society YAS lodging a complaint with the ombudsman’s office,asking the country’s public protector to probe what it suggests as partisan conduct by Attorney General AG, Kalekeni Kaphale.

In his complaint, Youth and Society Executive Director Charles Kajoloweka is questioning the partisan and continued involvement of the AG Kaphale in the retention of the South African lawyers after being disqualified by the constitutional court from representing MEC.

“There was total disregard of the public procurement and disposal of assets act, retaining the South African lawyers at 600 million Malawi kwacha reckless and ridiculous, we couldn’t as a country lose such resources to hire foreign lawyers on behalf of MEC,” said Kajoloweka.

The AG is said to have instructed treasury to make a payment on behalf of MEC.

On Friday, April 17, 2020 Ombudsman Martha Chizuma confirmed to have received the complaint. “We have not yet sat down as an office to assess its (complaint) merit and whether we will do an investigation or not,” said Chizuma.

Treasury spokesperson Williams Banda disclosed that they didnot process the payment for the foreign lawyers as per purported request by the AG.

In a separate interview MEC spokesperson Sangwani Mwafulirwa also said the electoral body did not pay the South African based lawyers to represent the commission in the presidential appeal case.

He said “No money was paid to the RSA lawyers, to myKnowledge.”

Kajoloweka has also prompted the ombudsman to probe Kaphale on alleged reports that he was paid for representing MEC at the constitutional court, in the disputed presidential elections case.

“As claimed by the chairperson of the electoral commission Justice Dr. Jane Ansah SC the attorney general was paid by MEC then he (AG) should pay back the money which was dubiously paid to him by MEC after abandoning his government advisory role and representing a partisan agenda,” argues Kajoloweka.

The Supreme Court is expected to give its judgment on the appeal case in which MEC and President Peter Mutharika made, challenging the 3rd February 2020 verdict by the high court nullifying the 2019 presidential elections.

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