Malawi High Court Grants Injunction Against Malawi Revenue Authority in Tax Evasion Case


By Twink Jones Gadama

In a significant development, the Malawi High Court has granted an injunction against the Malawi Revenue Authority (MRA), temporarily halting the authority’s efforts to seize vehicles belonging to Triephornia Bender, trading as Diplomats Car Hire. The MRA had obtained a search warrant against Triephornia, alleging tax evasion and seeking to confiscate her vehicle.

The High Court’s decision comes as a relief to Triephornia, who is married to prominent business mogul Thom Mpinganjira. The injunction effectively stops the MRA from conducting the search warrant and seizing Triephornia’s vehicles until the pending application to set aside the search warrant is heard.

Triephornia



According to the court order, Triephornia has 14 days to file an application to set aside the search warrant. This development highlights the importance of due process and the need for authorities to follow the law when conducting investigations and enforcing tax compliance.

The MRA had alleged that Triephornia was evading tax, prompting the authority to obtain a search warrant. However, the High Court’s decision suggests that the MRA may not have followed the proper procedures or provided sufficient evidence to justify the search warrant.

The case has sparked interest in Malawi, with many following the developments closely. The High Court’s decision is seen as a significant check on the powers of the MRA and a reaffirmation of the importance of upholding the rule of law.

As the case unfolds, it will be important to watch how the MRA responds to the High Court’s decision and whether Triephornia’s application to set aside the search warrant is successful. The outcome of this case will have significant implications for tax compliance and the powers of the MRA in Malawi.

In recent years, the MRA has been actively pursuing tax evaders and ensuring compliance with tax laws. However, this case highlights the need for the authority to balance its enforcement efforts with the need to respect the rights of taxpayers and follow due process.

The High Court’s decision is a timely reminder of the importance of upholding the rule of law and protecting the rights of citizens. As Malawi continues to grapple with the challenges of tax compliance and revenue collection, it is essential that authorities prioritize fairness, transparency, and accountability in their enforcement efforts.