Deputy RBM boss dragged to court for contempt

BY WATIPASO MZUNGU JNR

The High Court in Blantyre yesterday could not start hearing a case involving deputy governor of the Reserve Bank of Malawi (RBM) Mary Nkosi because it [the court] is not sure if it is the right forum to handle such a matter.

Forex Bureau operators have applied to the High Court to have the Nkosi jailed for contempt of court because she failed to comply with the judgment, which was delivered by Justice Joseph Manyungwa on March 5, 2010.

In his ruling, Manyungwa ordered the mother-bank to reconsider the applications [for renewal of their licences]forex bureaus made to the bank, an order the RBM failed to comply with due to what defence lawyer, James Masumbu, described as “a number of administrative and procedural issues”.

After judgment was delivered, RBM applied for leave to stay execution of judgment pending appeal. Both the High Court and Supreme Court applications for stay of execution were dismissed giving energy to the bureau operators to apply to the High Court for an enforcement measure [of the order] and commencement of contempt of court case.

But the High Court advised them to apply to the Supreme Court where they were also pushed back to the High Court.

But before Judge Ken Manda could start hearing the case yesterday, lawyer Kalekeni Kaphale, representing forex bureau operators, and James Masumbu and Thabo Chakaka-Nyirenda, both representing RBM, asked the judge to advise them on which forum [High Court or Supreme] could be the right forum where the matter can be handled.

“The decision on whether this motion should be pursued by the High or Supreme Court can be determined by the Supreme Court. The Supreme Court is the proper forum to hear these particular applications,” submitted Masumbu.

“We, therefore, submit that this application be remitted back to the Supreme Court for further hearing,” he added.

After hearing arguments from both sides, Manda said he had decided to reserve his ruling to allow for more time to study the case.

“Basically, we came here to seek direction on whether it should be the High Court or Supreme Court that should hear this matter,” said Kaphale in an interview outside the court.

END