Is kalumo defiant?

Department of Immigration and Citizenship Services former director general Brigadier General Charles Kalumo (retired) continues to sign documents despite the June 6 2024 High Court order nullifying his appointment.

Although he stopped going to office, Weekend Nation can reveal that way after the High Court verdict, the embattled former Immigration head continues operating behind the curtains, raising questions about whether he is defying the court order.

The Ministry of Homeland Security, the department’s parent ministry, is aware of his acts.

For instance, on June 11 2024, a week after the court order, Kalumo wrote Malawi Prisons Service (MPS) Commissioner General Masauko Wiskot, requesting him to transfer 226 Ethiopian nationals from Mzuzu and Mzimba Prisons to Maula Prison in Lilongwe pending their deportation.

In the letter, which was copied to the Secretary for Ministry of Homeland Security, Kalumo said the Immigration Department intended to transfer the irregular Ethiopian immigrants to Lilongwe by June 14 2024 for proper deportation arrangements.

“We are, therefore, writing to seek for space to accommodate the 226 Ethiopian nationals that are supposed to be transferred. Additionally, we are also requesting your office to help with 18 armed officers that will provide security in the course of the exercise.

“This is so because nine buses have been planned to do this exercise. The director general of Immigration and Citizenship Services avails himself to the highest consideration of your office,” Kalumo signed the letter.

The prisons head heeded Kalumo’s request and the illegal Ethiopian immigrants, 52 and 174 that were kept at Mzimba and Mzuzu Prisons respectively, were released and eventually deported on June 18, 2024 through Kamuzu International Airport, courtesy of the International Organisation for Migration (IOM) chartered flight.

Weekend Nation has also seen communication that Kalumo has been issuing through the department’s Central Region management WhatsApp forum, demanding situation reports from immigration formations.

According to the communication, dated June 19 2024 and June 21 2024, officers from Salima, Mchinji One Stop Border Post (OSBP) and Namizana/Msolo Crossing Point have been sharing the reports.

This is happening when the Ministry of Homeland Security appointed Fletcher Nyirenda, commissioner responsible for operations, as acting director general effective June 10 2024.

Kalumo did not pick up his phone when we tried to contact him several times, neither did he respond to WhatsApp messages sent to him.

However, in his brief written response Secretary for Homeland Security Steven Kayuni said: “I saw the communication, I am following up on it and, as a lawyer, I cannot vouch on matters that are in court.”

Immigration spokesperson Wellingtone Chiponde declined to comment on the matter.

Gracian Luzu, who represented Zidana in the matter, declined to comment on what it meant for Kalumo to continue calling the shots in spite of a court order.

Asked why he acted on a request forwarded by Kalumo who was removed from office by the court, Wiskot said the issue might have been handled by his subordinates.

Malawi Law Society (MLS) honorary secretary Gabriel Chembezi observed that what Kalumo was doing was in contempt of court.

“If Brigadier General Kalumo (retired) is still exercising the duties of director general, he is in contempt of the judgement of the court… as to our knowledge, the said judgement has not been stayed,” said Chembezi.

Governance commentator Boniface Chibwana observed that the implication of the High Court ruling was that Kalumo’s appointment was “void ab initio” and needed to be treated like it never happened.

“This also means that by the understanding of the law, Brigadier General Kalumo was not, is not and has never been the chief immigration officer [director general].

“This ruling is in force and it can only be left out by a successful application of a stay order and, subsequently, the High Court overturning this judgement.,” said Chibwana, Catholic Commission for Justice and Peace (CCJP) national coordinator.

The High Court in Blantyre invalidated Kalumo’s contract on June 6 2024, declaring that President Lazarus Chakwera (defendant) contravened the relevant law by appointing him as director general in August 2022.

Meanwhile, the Supreme Court of Appeal has set July 10 2024 for inter partes hearing of an application for an order of stay filed by the Attorney General Thabo Chakaka-Nyirenda.