Anti-Corruption Bureau (ACB) Director Alexius Ernest Nampota has sued Attorney General (AG) Ralph Kasambara and Chief Secretary to the Government Bright Msaka, challenging their decision to terminate his contract and his subsequent interrogation by Malawi Police Service.
Nampota applied a court injunction using Judge Joseph Manyungwa who coincidentally was arrested by ACB and Nampota in the past year for bribery and is under investigation.
Nampota is accusing Kasambara and Msaka of illegally demanding that he relinquishes his position. In the same lawsuit, Nampota has also sued Inspector General of Police Loti Dzonzi for summoning him to explain how he had been discharging his duties as ACB Director, contrary to Section 21(1) of the Corrupt Practices Act.
Nampota asked the court to grant an injunction, restraining the respondents from proceeding with their action, to pave way for a judicial review in which the court would determine the legality or illegality of the action.
Nampota’s skeleton arguments filed in court say Kasambara and Msaka’s unilateral decision to terminate his employment has exerted enormous pressure on him “on grounds other than those legally contained in Section 6 of the Corrupt Practices Act”.
“The major issue in these proceedings is whether the respondents are acting illegally and therefore attracting the intervention of the court by way of judicial review on grounds of illegality,” read the skeleton arguments in part.
Making his determination on the matter, Judge Joseph Manyungwa on Tuesday granted permission to Nampota to move for the judicial review. Manyugwa further granted Nampota an injunction restraining the government and its agents or servants from withdrawing his benefits and privileges under his contract pending the outcome of the judicial review.
The injunction is valid for 14 days, starting Wednesday July 11, 2012, within which the court is expected to commence judicial review proceedings.
Nampota is serving a second term of his three-year contract which began in 2011 and is expected to expire in 2013. He is currently on bail following his arrest on allegations that he pocketed K1.5 million in allowances for a trip he allegedly never undertook.
