The High Court in Zomba has thrown out an application by Democratic Progressive Party Spokesperson, Shadrick Namalomba, with costs which sought judicial review on whether the Leader of Opposition in Parliament has the right to make some decisions such as appointing a shadow cabinet and re-allocating seats on the opposition benches.
In its determination, the court said Namalomba was trying to find a political solution via the backdoor.
Justice Mvula said Parliament discusses pertinent issues and Namalomba’s actions to put the Speaker of Parliament as a respondent in the case was in a way trying to stifle the business of the House which was an injustice to the nation.
“Litigants should examine the facts and sieve them carefully before flooding the courts with claims which are not justiciable in the first place. Malawians out there need answers from the Government which must be held to account. Dragging the hands of the Leader of Opposition from forming a solid opposition block to make the executive arm of Government held accountable on its mandate, and on the other hand, tying the Speaker to it, by clogging the Court with actions which lie in politics is an abuse of taxpayer money.
“As a people, we can do better over prudent use of time and financial resources in the current economic environment. The claimant is thus condemned for costs of proceedings,” reads the judgement in part.
There was no immediate reaction from Namalomba, however, Nankhumwa’s lawyer, Cassius Chidothe, said his team is satisfied with the court’s determination.