COURT REVERSES Suspension of chief
Court: Chekucheku
The High Court in Blantyre has reversed former president Joyce Banda’s decision to suspend Traditional Authority (T/A) Chekucheku of Neno District.
Banda’s suspension letter of the chief is dated May 15 2014, but it was delivered to the recipient on June 2 2014 at Kamuzu Stadium in Blantyre during the inauguration of President Peter Mutharika.
Reads the letter: “I, Dr Joyce Banda, President of the Republic of Malawi, pursuant to powers vested in me by Chapter 23:03, Part 11, Section 11(2) of the Chiefs Act, do hereby suspend you, Francis Magombo, from exercising the functions of Chief Chekucheku of Neno district with immediate effect until after conclusion of the investigation into alleged misconduct on your part.”
But Chekucheku challenged the decision and, in his affidavit, argued that he was not given reasons for his suspension. He also said he had no knowledge of any misconduct investigation against him.
He said he believed that he was suspended because he opened up his area to all political parties to campaign before the May 20 Tripartite Elections; hence, he was being deemed an opposition sympathiser.
In her ruling delivered on June 10 2014, High Court Judge Dorothy Kamanga granted the applicant, Chekucheku, an injunction stopping the office of the President from suspending him from exercising his functions as traditional leader.
Said the judge: “It is further ordered that the order of stay and interlocutory injunction restraining the decision made by the respondent [Banda] from suspending the applicant [Chekucheku] is valid up until the hearing of the matter or until further order of this court.”
Under Section 11(2) of the Chiefs Act, the President may suspend a traditional leader from performing duties of his or her office if the President “deems it expedient to cause inquiry to be made into the removal of any person from the office of Paramount Chief, Senior Chief, Chief or Sub-Chief.”
Private practice lawyer Golden Mbeya, who is representing the chief, said in an interview yesterday his client was supposed to be told reasons for the suspension.
Said Mbeya: “Yes, the then President exercised her powers [to suspend the chief], but my client was supposed to be told what he was being investigated for since Section 43 of the Constitution gives him that right.”
Magombo became Chief Chekucheku on January 1 2007.
It is interesting that the office that preceded the latter (President) abuses the former because of constitutionality. Laws no longer serve the interest of the people but the powerful. It is more than slave trade and colonialism. How can the office that was protected by customerly laws and tradition be override by the constittution that is manufactured by crooked and powerful animal dictate on human established systems. We need to review and revist the Chief Act. It should not be under the office of the President because it is subject to abuse as we have seen for fifty under munthu rule.