By Isaac Salima:
The Industrial Relations Court (IRC) has stopped proceedings in a case involving Electricity Generation Company (Egenco) Chief Executive Officer William Liabunya and Director of Corporate Services Videlia Mluwira pending conclusion of matters which have been referred to the High Court.
The two applied to the High Court for a judicial review of the administrative decisions of the IRC Chairperson in ordering the Assistant Registrar not to issue a default judgement and taking over the file from another judicial officer of equal jurisdiction.
Some weeks ago, Egenco sent Liabunya and Mluwira on forced leave to pave the way for a forensic audit.
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The two obtained an injunction against their employer’s decision before it was vacated few days later.
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When the case returned to the IRC Tuesday, the court, through a statement issued by its chairperson Austin Msowoya, said it was necessary to wait for the judicial review determination at the High Court.
Meanwhile, the IRC and Attorney General Thabo Chakaka Nyirenda, who is representing Egenco, have disclosed that they are yet to be served with the application for the judicial review.
Egenco has been challenging the jurisdiction of the IRC to grant an injunction to the applicants not to proceed with the forensic audit and also to preside over the case.
“These are financial matters governed by the Public Finance Management Act. So these issues cannot be raised before the IRC. These matters should have been raised before the High Court,” Chakaka Nyirenda said.
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In withdrawing their injunction, the two Egenco executives, through their lawyer Mauya Msuku, noted that fighting for an interlocutory injunction would not serve its purpose as the forensic audit that had compelled their forced leave was underway.
In letters dated October 3 2023 to Liabunya and Mluwira, Secretary to the Treasury MacDonald Mafuta Mwale, in his capacity as shareholder, said the forensic audit would investigate how Egenco had responded to the damage on Kapichira Hydropower Plant by cyclones Ana and Gombe in January and March last year, respectively.
