Lawyer representing the Malawi Law Society (MLS) in a case against Lilongwe Water board (LWB) has expressed concern over the conduct of an interested party, Khato Civils Pty Limited.
The lawyer has disclosed that Khato offered him bribes to compromise the case.
Khato joined the judicial review case that challenged the implementation of Salima-water project .
Khato Civils is reported to have offered a bribe to a lawyer Bright Theu to recuse himself from the case that challenged the implementation water project Environmental Impact Assessment (EIA).
In a report to his client, MLS, Theu disclosed that the case was mishandled leading to frustration by “phantom ruling” that witnessed Khato winning the case.
Theu explained that in desperate situation for fear of losing the project, one of the lawyers for Khato offered to give a bribe from his client for Theu to dump the case.
“Some days after joining the proceedings as an interested party, Mr Frank Mbeta, one of the lawyers representing Khato Civils approached me with a proposal that there was money, I should call my figure and compromise or walk away from the case, he stated that he and his client were more concerned if the issue of contravention of the procurement law was made part of the judicial review.
“The fear being the risk of the contract being cancelled by the court. He asked me not to file the application to amend Form 86A as part of the possible settlement of the case,” reads part of the report made available to Malawi24.
He further explained to have denied the offer and reported to MLS EXCO and filed to add the issue of contravention of the Public Procurement Act.
Theu has since urged MLS to pursue the matter arguing environmental rule of law whose objects serve the current and future generations should not be “confronted with those that would use their political, economic and social power”.
Meanwhile MLS is yet to take the next action against the ruling made by the Zomba High Court.