High Court rebuffs govt on CoP

The High Court in Mzuzu has thrown out an application by government to vacate an injunction that four MPs got restraining Clerk of Parliament Fiona Kalemba from taking oath of office last month.
Judge Dingiswayo Madise granted the MPs–Harry Mkandawire (Mzimba West, People’s Party-PP), Kamlepo Kalua (Rumphi East PP), Peter Chakwantha (Lilongwe South West, Malawi Congress Party-MCP) and Enoch Chihana (Rumphi Central, Alliance for Democracy-Aford) an injunction on November 19  to stop the swearing ceremony that was to be conducted by Chief Justice Andrew Nyirenda on November 20.

Kalemba’s appointment drew fire from opposition politicians after it was learnt that she came third during the interviews for the position which were conducted by the Parliamentary Service Commission (PSC) in October.
High Court judge Charles Mkandawire allegedly came first and was trailed by Malawi Human Rights Commission (MHRC) executive secretary Grace Malera, but President Peter Mutharika chose Kalemba and defended his decision citing her legislative drafting experience.
After the MPs got the injunction, government made an application to vacate the injunction, arguing the MPs did not have locus standi in the matter (are not an interested party in the case) and could not get an injunction to stop Kalemba from taking oath.
Lawyers for the MPs also made an application to sustain the injunction until the court reviews the main matter.
When the court sat today morning, Judge Madise rebuffed government on its application to vacate the injunction, arguing the MPs were an interested party.
He also directed that the main matter be heard on December 15 and judgement will be made on December 18.
Speaking in an interview, lawyer for the MPs, Wesley Mwafulirwa, said he was satisfied with the court’s ruling as there is a good case that the court has to review.
“All the applicants are members of Parliament. According to section 6 of the Parliamentary Services Act, a Clerk of Parliament is chief executive of Parliament, so it means she will be chief executive of the members of Parliament,” said Mwafulirwa
Ministry of Justice spokesperson Apoche Itimu said the State respects the court’s position on the matter and will be present for the main matter on December 15.
“The court has ruled so we have to comply with it,” she said.