Malawi Supreme Court of Appeal yesterday heard a case where President Lazarus Chakwera through Attorney General Thabo Chakaka Nyirenda is challenging a High Court of Malawi decision nullifying the appointment of Immigration chief Charles Kalumo.
The nullification of the appointment followed an application by an immigration officer Chikhulupiliro Zinada who argued that the President acted illegally, irrationally and in breach of procedural fairness by appointing Kalumo.
appointment: Kalumo | Nation
The petitioner noted that the appointment of Department of Immigration and Citizenship Services director general is conferred upon the Minister of Homeland Security.
But in an application challenging the nullification, Chakwera, among others, argued that the High Court’s decision is a violation of case management orders and procedural directives.
He said High Court Judge Mike Tembo, who delivered the ruling, erred in law and in principle by failing to dismiss or strike out Zidana’s claim despite undisputed non-compliance with the case management order was issued at the scheduling conference.
Chakwera further argued that the High Court ruling also undermined the authority of the court through non-compliance, saying Tembo’s failure to enforce compliance with binding procedural directions, rendered the court’s own authority hallow and “set a dangerous precedent undermining judicial case management discipline.”
On the other hand, Zidana, through his lawyer John Kalampa, argued that following Kalumo’s appointment as director general, he was deprived of promotion opportunities.
After hearing arguments from both parties, the nine-judge panel led by Chief Justice Rizine Mzikamanda reserved the ruling to a date to be communicated later.
The panel also comprised Deputy Chief Justice Lovemore Chikopa and Justices of Appeal Frank Kapanda, Healey Potani, Ivy Kamanga, Rowland Mbvundula, Charles Mkandawire, John Katsala and Sylvester Kalembera.
Chakwera appointed Kalumo in August 2022 in line with the powers of his office under Section 89 of the Constitution and Section Six of the Public Service Act, before the High Court nullified his appointment last year.
