By Wezzie Gausi:
Attorney General (AG) Thabo Chakaka Nyirenda Tuesday faulted an application by businessman Shiraz Ferreira of SF International to have his K12 billion claim case adjourned for one month.
The matter came before Judge Chifundo Kachale of the Commercial Division of the High Court for continuation of hearing.
Ferreira is claiming a total of $6,942,359.49 (about K12 billion) for delayed payment in a deal where the company reportedly supplied equipment to the Malawi Defence Force between 2012 and 2014.
Addressing the court Monday, Ferreira’s lawyer Shabir Khan said Ferreira was not present in court as he was sick.
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He said Ferreira was referred to South Africa for treatment.
“It is for this reason that we ask the court to adjourn this matter for a month as the claimant is expected to be back in the country late December,” Khan said.
But Chakaka Nyirenda objected to the plea made by the claimant.
He said the claimant was supposed to bring an accountant as a witness.
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The witness, he said, was supposed to be questioned by the State but was not in court.
“I feel the claimant is unwilling to proceed with the matter but willing to push for payment from the government. We would like to know why the crucial witness, who is the accountant, has failed to appear before the court.
“If this matter is to be adjourned, it has to be adjourned to tomorrow so that the witness should come and [the court should] proceed with the matter,” Chakaka Nyirenda said.
Kachale agreed with the State, saying the claimant could have brought the witness to court since he was in the country.
He wondered why one-month adjournment was necessary in the matter.
“Let the claimant find means and ways to bring the witness to the court as we cannot adjourn the matter for one month since the reasons provided are not enough,” Kachale said.
Kachale has since adjourned the matter to this morning, when the claimant is expected to bring in the witness to be questioned.
