Africa-Press – Malawi. Attorney General Thabo Chakaka Nyirenda says local councils are now in control of former Shire Bus Lines depots following a High Court ruling dismissing an application by Mulli Brothers-owned National Bus Services.
The reclaimed bus depots are Lilongwe, Wenela in Blantyre, Kasungu and Mzimba. In the case, the National Bus Service was challenging Ministry of Local Government and Rural Development which intended to take over management of the bus depots.
In court in February, lawyers for the bus company argued that the depots, workshops and all landed property owned by Shire Bus Lines Limited were transferred to National Bus Services after the firm bought Shire Bus Lines.
The bus company also relied on a memorandum of understanding (MoU) which it said government wanted to use to reinvest in Shire Bus Lines. However, Chakaka Nyirenda argued that the depots were not transferred to the company and National Bus Services was wrongly granted injunctions on the matter.
In a ruling dated July 29, 2022, High Court Judge Mandala Mambulasa has dismissed National Bus Services’ application for judicial review on the matter.
“The claimant (National Bus Service) does not possess the requisite locus standi considering that it never executed the MOU upon which it premised its application for permission to apply for judicial review.
“Accordingly, the permission to apply for judicial review dated 5th February, 2020 and the consequent stay, were erroneously granted hence they are hereby discharged,” reads part of the High Court order.
The judge then slapped National Bus Services with costs. According to Chakaka Nyirenda, the ruling means local councils are now in control of the former Shire Bus Lines properties.
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