Court boots out kalumo
There was jubilation yesterday among some Department of Immigration and Citizenship Services workers after the High Court of Malawi nullified the appointment of embattled director general Brigadier General Charles Kalumo (Retired), saying he was unlawfully recruited.
The court’s verdict on a 2022 judicial review application filed by immigration officer Chikhulupiliro Zidana, who queried the appointment, came on the day concerned Immigration staff wanted to stage a sit-in to push for Kalumo’s ouster for alleged mismanagement.
Delivering the judgement virtually from Blantyre, Judge Mike Tembo described Kalumo’s appointment as inconsequential and ineffectual as “it is illegal and unconstitutional”.
President Lazarus Chakwera, in pursuant to the powers of his office under Section 89 of the Constitution and Section six of the Public Service Act, appointed Kalumo in August 2022.
But Zidana, through lawyers from Ritz Attorneys at Law, challenged the appointment arguing that the President did not follow the law at the time because Kalumo had past mandatory retirement age. The 32-year-old, who joined the Immigration Department in 2012, also said the appointee was also not a member of the public service.
Reads in part of the grounds for challenging the appointment: “The impugned decision contravenes Section 3 of the Immigration Act, which provides that the appointment of the chief Immigration officer [director general] be made from the public service.
“The impugned decision contravenes Section 29 of the Public Service Act under which the mandatory retirement age of 60 for members of the public service, including those in the Department of Immigration and Citizenship Services, is provided for.”
The judge agreed with Zidana’s submission, saying the court’s finding of unconstitutionality related to the defendant’s (the President) failure to make appointments as provided in the Constitution or Acts of Parliament as indicated in Section 89 (d) of the Constitution.
Said Tembo: “This court also grants an order quashing the impugned decision by which the defendant appointed the retired Brigadier General herein.
“This court also orders the Minister of Homeland Security, in line with the relevant law, to consider to fill the position of director general of Immigration and Citizenship Services as that is within the purview of the said minister.”
Consequentially, the court also ordered that Kalumo should cease to hold the position having been appointed in contravention of the relevant law.
The court has also ordered the Attorney General’s office to pay costs of the legal proceedings in the matter.
Immediately after judgement was pronouncement, Attorney General Thabo Chakaka Nyirenda made an oral application to pend enforcement of the judge’s determination pending appeal.
The judge declined to put aside the ruling, but granted the Attorney General permission to appeal in the Malawi Supreme Court of Appeal.
While expressing delight with the court’s determination, Gracian Luzu, one of the lawyers representing Zidana, said in an interview they expected Kalumo to immediately leave office and be replaced by a suitable person.
He said: “The court is saying there is a vacancy at the Immigration that is supposed to be filled by an eligible, suitable and qualified individual.”
Meanwhile, there were jubilant scenes at the Immigration Headquarters in Blantyre yesterday soon after news filtered through that the court had nullified Kalumo’s appointment.
“God’s favour has outweighed Kalumo’s opposition! God’s grace has located Immigration and He smiled on us!” these were some lyrics from the jubilant officers when The Nation visited the place.
The officers played music from a portable bluetooth speaker to spice up the celebration which came hours after a planned industrial action by some concerned immigration officers was foiled.
—Additional reporting by JONATHAN PASUNGWI, Staff Reporter
