The High Court of Malawi has suspended the appointment of new members of the Copyright Society of Malawi (Cosoma) Board pending a judicial review.
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.
| Courtesy of Ezaius Mkandawire
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.
Reads the order in part: “We further
wish to inform you that the court has granted our clients leave to commence judicial review proceedings, together with a stay order. The effect of the said order is as follows: the purported removal of our clients as members of the Board of the Copyright Society of Malawi is hereby suspended;
“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. 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.
“We were duly appointed to the board as per Section 7 (2) of the Copyright Act 2016. We stood for nominations at the Cosoma general assembly and we emerged victorious. We earned the right to be in the board. We were entrusted by the membership to lead the society at policy level,” he said.
Mkandawire and Ntopa were removed from the Cosoma board after government reconstituted it two weeks after their appointment. Bishop Chimwemwe Mhango replaced Mkandawire as new chairperson for the board.
The development also forced one of the appointed members Bishop Chimwemwe Chafumuka to decline his appointment, saying the removal of the two pointed to unhealthy working environment.
