High Court stops Fisp
The High Court in Blantyre on Monday ruled in favour of Transglobe Produce Exports Limited, effectively stopping the distribution of fertiliser subsidy coupons to farmers.
The development may affect the country’s maize harvest next year.
Justice Kenyetta Nyirenda gave the interim order stopping all operations under the Farm Input Subsidy Programme (Fisp). The order is valid until October 27, 2017.
The order has annoyed Parliamentary Committee on Agriculture, Irrigation and Water Development, who say the decision will negatively affect farmers and consequently the harvest.
The committee, which was against Transglobe being one the suppliers of fertilisers because the firm is being investigated by the Anti- Corruption Bureau, warned that it will press Parliament to stop Transglobe Produce Limited from operating in the country.
“What Transglobe is doing by taking the matter to court will put the lives of Malawians at risk, as some citizens may not harvest enough because of the delays this may cause,” said Joseph Chidanti-Malunga, Chairperson of the committee.
“Transglobe, will not get the contract and we are not mincing words here. If they continue, the committee will ask Parliament to make a resolution that will stop them from conducting business in the country,” he said.
The order, which The Daily Times has seen, also stops all sales of farm inputs by suppliers under Fisp.
“The defendants, [Minister of Agriculture, Irrigation and Water Development Joseph Mwanamvekha and the Chief Executive Officer (CEO) of the Smallholder Farmers Fertiliser Revolving Fund of Malawi (SFFRM), Andy Kalinde] must forthwith complete the public procurement process under Fisp by allowing the applicant to participate in Fisp,” reads part of the ruling.
The court has given the Minister of Agriculture, Irrigation and Water Development and the CEO of SFFRFM a chance to apply to the court at any time to vary or discharge the order if they wish but must first inform legal practitioners representing Transglobe within 48 hours.
The High Court has also warned that if Mwanamvekha and Kalinde, or their agents, disobey the order, they may be sent to prison, fined or have their assets seized.
When The Daily Times contacted Mwanamvekha, he referred the matter to Attorney General Charles Mhango. He could not be reached as we went to press because his phone was off.
The Minister of Agriculture, Irrigation and Water Development and CEO of SFFRFM have been given seven days to file their respective defenses from October 23.
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