The decision follows a court application by Ezaius Mkandawire and Deborah Ntopa following their removal from the board after they were initially appointed as chairperson and board member respectively. The High Court has ordered commencement of judicial review proceedings against the appointment of Cosoma board members and a stay order pending the determination of the judicial review. The court order has been served by Radiant Attorneys, who are representing Mkandawire and Ntopa in the case and addressed to Cosoma executive director Dora Salamba Makwinja.
“And the appointment of any new board members in place of our clients is likewise stayed and suspended, pending the determination of the judicial review proceedings.” The order says that according to the legal position, Mkandawire and Ntopa remain duly constituted members of the board and any action taken contrary to the court’s order may amount to contempt of court. “This letter is, therefore, written for your noting and appropriate further action, including ensuring full compliance with the court’s order and maintaining the status quo as directed,” says the order. But in an interview, Makwinja said she was surprised that the letter was addressed to her office as she was not responsible for the appointment and removal of the two members.
“I have forwarded the letter to government. So, I cannot say anything on that,” she said. On his part, comptroller of statutory corporations Stuart Ligomeka said: “We have not received the order.
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Once we do, we will take it to the Attorney General and we will take necessary action as advised.” In a separate interview, Mkandawire said he always felt that he was removed from the board without justification and consultation. He said it was important to adhere to set laws in appointing members to the board.
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