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Member of Parliament for Dowa West Abel Kayembe says he will today move a motion in parliament aimed at getting clarification on reports that a certain business person has taken control of a Filling Station from a fellow business person in at Kanengo because of a debt amounting to 1.3 million.
According to Kayembe the motion will seek clarification on the legality from Ministry of Justice and Constitutional Affairs.
Earlier on, Victor Musowa Mulanje Bale Legislator said he is ready to second the motion.
Earlier this week, Sheriffs in Lilongwe confiscated a Gam’s Kanengo Filling Station over unpaid MK744 million legal fees following a misunderstanding between the company and Masters Boreholes Drilling Company.
It is reported that Masters Boreholes was awarded the money after Gam Fuels managing director Gerson Mkweza snatched a drilling machine’s keys.
Leader of the House Richard Chimwendo Banda says Parliament is overstepping its mandate. He says Parliament cannot inquire into the conduct of a Judge.
According to Chimwendo, only the Judicial service commission can look into the conduct of a Judge.
Chimwendo has called on Parliamentarians to stand above emotions and respect the Constitution.
He says even though the House has powers to impeach the Judge, it cannot inquire into his conduct.
Earlier, Minister of Justice Titus Mvalo had also condemned debate on the Judgement that was delivered by the Court.
Even though Leader of the House seem uncomfortable with the matter on the floor, both sides of the House are in support of the Motion.
Presenting the Motion, the Mover Rumphi East MP Kamlepo Kalua says the Legal affairs committee of Parliament should summon the Judge who handled the matter (Judge Ken Manda).
According to Kalua, Judge Ken Manda has to answer some questions.
Kalua adds that this is a cartel as Alfred Gangata, the Managing Director of Masters Boreholes Drilling Company, through the same Judge snatched another filling station from another Malawian using similar way.
According to Kalua, Gangata through the same Judge and lawyers also snatched property from another person using similar tricks.
“We do not have problems with the Judiciary, but this Commercial Court that handled this matter” – Kalua.
Seconding the Motion, Mangochi South West MP Shadric Namalomba says Parliament has powers even to impeach the Judge.
He says, People are loosing trust in the Country’s courts as seen from the recent demonstrations against the Courts.
“For the first time we have seen Malawians demonstrating against Judges, this has never happened” said Namalomba.
The supplementary Order Paper is now ready and has the Motion.
It reads that; “Member for Rumphi East Kamlepo Kalua to move ‘’That following the snatching and the consequent sale of Gam Fuels Kanengo Filling Station and the manner in which the Filling Station has been disposed off by the Commercial Court, this House resolves that the Legal Affairs Committee shoud investigate how the Filling Station was disposed off by the Commercial Court and whether that action was the most appropriate one and report to this House as soon as possible’’.
From 2pm, there has been drama in the House as MPs demanded that the motion be tabled despite the Business Committee’s resolution that stopped its tabling.
Chairman for Gam Investments and Fuels Limited, Gerson Mkweza, and Alfred Gangata, the Managing Director of Masters Boreholes Drilling Company are at the Center of Controversy