By Mercy Matonga:
The Supreme Court of Appeal sitting in Blantyre Thursday ruled that Sunrise Pharmaceuticals and Chombe Good Products should return K3 billion that the government paid as compensation for damages to property during protests
The two companies, which are owned by businessman Leston Mulli, took the matter to court, claiming that they lost property during demonstrations that took place on July 20, 2011 and in 2017.
As such, the court ordered that the government compensate the company with K3 billion.
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However, Attorney General (AG) Thabo Chakaka Nyirenda appealed the ruling, arguing that there was no evidence tendered by the respondents to prove such loss, let alone to justify the staggering sums awarded.
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In his sworn statements, the AG argued that before compensation can even be contemplated, a series of discretionary policy steps must occur—beginning with a declaration of a riot damage area by a district commissioner— and in this case, none of those steps were taken.
“Therefore, the statutory machinery required to operationalise liability under the Riot Damages Act was never triggered. The learned Judge’s interpretation effectively rewrote the statute to insert an obligation that Parliament never enacted,” the statement reads.
In a ruling delivered by Deputy Chief Justice Lovemore Chikopa, Justice of Appeal Sylvester Kalembera, Justice of Appeal John Katsala, Justice of Appeal Dorothy Nyakaunda Kamanga, Justice of Appeal Charles Mkandawire and Justice of Appeal Healey Potani, the court says the companies should pay back the K 3.1 billion, adding that interest will be calculated.
The justices dismissed the application by the respondents to dismiss the order by Justice of Appeal Micheal Chipeta (now retired), who granted leave to appeal out of time with costs.
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Reacting to the development, Chakaka Nyirenda said the ruling is not just his victory but victory for the country.
“We are happy that the court has vindicated the public’s rights to protect public resources,” Chakaka Nyirenda.
In a separate interview, lawyer for the respondents, Tamando Chokhotho, said he was yet to meet with his clients to see how they would proceed with the matter.
“The most important thing to know is that the case is not yet over; the judgement that we obtained on a point of law in the High Court and the Supreme Court has ruled that the matter goes back to the High Court for full trial and the matter is not over yet,” Chokhotho said.
