By Daniel Zimba:
The High Court in Blantyre has vacated an injunction that barred the suspension of Blantyre Water Board (BWB) chief executive officer Yeremiah Chihana, although his case remains under review.
Delivering his ruling Monday, Judge Allan Muhome said the decision did not prevent Chihana from pursuing his appeal for a judicial review of the board’s decision at the Supreme Court of Appeal.
Muhome ruled in favour of the State, represented by Attorney General Frank Mbeta, who asked the court to keep Chihana away from his office to allow another person to act in his position and ensure uninterrupted water supply services to Blantyre residents.
Mbeta said Chihana’s continued presence at the board’s premises was disrupting its operations.
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Chihana’s lawyer, Michael Goba Chipeta, opposed the application, arguing that the State had failed to provide sufficient grounds for lifting the injunction.
“My arguments are based on two issues: first, the allegations that they have raised are not supported by evidence. Secondly, my lord, the allegations that as of this time we have not done anything is completely false because we did file a notice,” Chipeta told the court.
The ruling allows Chihana to continue pursuing his Supreme Court appeal while remaining outside his office.
It also allows him to engage in negotiations with the BWB board.
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The dispute follows growing tensions between Chihana and the board. He has been suspended and reinstated by the courts twice within five months of taking office.
In June, the employees’ union asked Deputy Chief Secretary to the Government Stuart Ligomeka to intervene following Chihana’s suspension and subsequent reinstatement.
On September 2, employees disclosed plans to petition President Peter Mutharika to remove both board chairperson Stanley Chirwa and Chihana.
In a letter dated August 28, Chirwa accused Chihana of seeking approval for an institutional modernisation programme without board authorisation.
He also accused him of appointing an acting finance director without the board’s knowledge and securing a K500 million overdraft from First Capital Bank in July without approval.
The dispute first emerged in June over allegations that Chihana had promised free chlorine and treated water to cholera-prone areas.
He has denied wrongdoing and accused the board of targeting him.
