Africa-Press – Malawi. The Office of the Attorney General (AG) has filed an application to the High Court to stop private practice lawyer Kalekeni Kaphale from representing TotalEnergies in a contract breach case due to a conflict of interest.
Kaphale is being challenged over his involvement in the matter, which concerns Prima Fuels and the Malawi Government, who are claiming K824 billion ($480 million) for breach of contract.
In the sworn statement, AG Frank Mbeta says he has learnt that in 2020, when Kaphale was the Attorney General, his office wrote a letter to Prima Fuels Ltd lawyers regarding the same case, sharing some information of evidential importance.
The statement reads: “It is obvious, therefore, that Dr. Kalekeni Kaphale SC was privy to information of evidential importance in respect of this matter at the time he was the Attorney General of the Republic of Malawi.
This, the AG argues, is a clear breach of Chapter 7(3) of the Malawi Law Society Code of Ethics, which prohibits a counsel who once acted for one party from acting for another party in relation to the same claim.
The court case relates to a rebate on fuels that TotalEnergies was obliged to pay the government in accordance with a contract signed in 2001, but allegedly stopped honouring the payment in 2006.
The government is seeking K824 billion ($480 million) in compensation for the alleged breach of contract.
The outcome of the case is likely to have significant implications for the country’s economy and the energy sector.
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