In 2001, Malawi revoked a licence to a mobile service firm which, in response, has been battling to get its claim of $1.4 billion
By Mercy Matonga:
Malawi returns to the African Court on Human and Peoples’ Rights in Arusha, Tanzania, in November to fight off a $1.4 billion lawsuit by a mobile service firm whose contract for a licence the government withdrew almost 24 years ago.
In a previous ruling, the court ordered the government to pay the money to the firm, Malawi Mobile Limited, but the ruling was later set aside.
In the case, the court, through a default judgement delivered in June 2023, awarded the sum to the company which sued the Malawi Government through Malawi Communications and Regulatory Authority (Macra).
In 2005, the firm dragged the government to court for what it called breach of contract after it cancelled a contract to licence the company as a mobile phone service provider in 2001.
This set the stage for a protracted legal battle that has seen Patroklos Tsaperas, a South African national and principal shareholder in Malawi Mobile Limited, take on successive governments over the past 20 years.
Tsaparas argues that the cancellation of the contract violated his rights and it was due to undue interference by the office of the Attorney General of Malawi.
Government argues it acted within its rights.
It has challenged the legitimacy of the compensation demands by the company, according to documents we have seen.
Ministry of Justice spokesperson Frank Namangale confirmed the new wave of court action.
He said the case is due to be held from November 13 to 18, 2024.
“It is Malawi legal team’s mission to present comprehensive responses to the claims made by Tsaperas,” Namangale said.
He also confirmed that the government faces a $1.4 billion, payout if the matter is left undefended.
Government revoked the licence because the company had failed to fulfill its obligations under an agreement entered between the parties in 2002.
In 2018, government thought it had seen the last of the case when a panel of four judges at the Arusha court agreed with Malawi’s position that the court had no jurisdiction on the matter.
The African Court on Human and Peoples’ Rights was established by the African Union (AU) to ensure the protection of human and peoples’ rights across the African continent.
It complements the African Commission on Human and Peoples’ Rights by providing a judicial mechanism to enforce and interpret the provisions of the African Charter on Human and Peoples’ Rights.
The court aims to enhance the protective mandate of the Commission by issuing binding decisions on human rights violations.
0 Comments