Deputy Inspector General of Police (DIG) administration) Happy Mkandawire has obtained an injunction and authority to proceed with judicial review proceedings in a matter he is alleged to have defied a presidential order.
Police Service Commission (PSC) is investigating Mkandawire alongside DIG for operations Casper Chalera for allegedly defying President Lazarus Chakwera’s order to unconditionally release Anti-Corruption Bureau director general Martha Chizuma following her arrest in December last year.
Through legal firm Jivason and Company, Mkandawire argued before High Court of Malawi Judge William Msiska that the PSC does not have the mandate to do that, but the IG.
He also submitted that some members of commission are close friends of Chizuma as such their impartiality in the probe was questionable.
In the court order dated March 22 2023, the judge ruled that the judicial review proceedings be expedited and further granted an injunction against the decisions by the commission and the defendant on the matter.
The defendants Innocencia Ottober, a lawyer who has previously represented Chizuma in court, and Ombudsman Grace Malera, said to be a close and personal friend of Chizuma.
Both Mkandawire and his lawyer George Jivason Kadzipatike confirmed yesterday the court’s directive.
PSC secretary Irene Chikapa also confirmed receipt of the court orders, but said the matter was being handled by the Attorney General’s chambers.
On January 18 this year, Chakwera recommended to the IG Merlyn Yolamu to refer her two deputies to PSC to begin disciplinary proceedings against the two for not releasing Chizuma unconditionally as ordered.
Police arrested Chizuma on December 6 2022 following a complaint lodged by former Director of Public Prosecutions Steven Kayuni in his personal capacity.
Kayuni alleged he was injured by allegations made by Chizuma in a leaked audio clip in January last year.
