High Court blocks AG’s decision to blacklist Mulli Brothers

Thabo Chakaka Nyirenda

High Court Judge Chimbizgani Kacheche has granted an injunction stopping Attorney General Thabo Chakaka Nyirenda’s decision to debar Mulli Brothers Limited (MBL) from doing business with the Malawi Government.

Passing the ruling in Blantyre, Judge Kacheche,  told MBL to proceed with a judicial review of the AG’s decision to debar MBL from participating in government contracts. The ruling also stops Ministry of Health and Public Procurement and Disposal of Assets (PPDA) from adhering to the AG’s directive.

MBL through its lawyers argued in Court that that decision by AG Chakaka Nyirenda to debar Mulli Brothers Limited from participating in government tenders was ‘illegal’  and ‘unconstitutional’ as it has no any legal backing.

However, AG Chakaka Nyirenda counter-argued that MBL used confidential information from Public Procurement and Disposal of Assets (PPDA) to gain business of warehousing Mosquito nets.

But in his ruling, Justice Kacheche, said there are issues worth to be heard in the judicial review, and the injunction issued against the AG Thabo Chakaka-Nyirenda effectively permits MBL to continue participating in government contracts.

Meanwhile, one of the Lawyers for Mulli Brothers Limited, John Kalampa, has told a local media that they will proceed to file necessary papers in preparation for the judicial review on a date to be set.

In May this year, AG Chakaka Nyirenda silently put Mulli Brothers Limited (MBL) among companies not allowed to do business with Malawi Government, a move which was described as political-witch hunting by commentators.

The Information about MBL’s blacklisting was contained in a letter dated May 12, 2022 from PPDA Director-General Eddington Chilapondwa to the Secretary for Health withholding a No Objection in a contract where MBL was to provide warehousing and distribution services of long-lasting treated nets (LLNS) to the ministry.


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