Malawi Court quashes Katopola’s injunction

High  Court Judge Esmie Chombo on Friday lifted an injunction Clerk of Parliament (CoP) Matilda Katopola obtained stopping the President and the Director of Public Prosecutions (DPP) from prosecuting her in the magistrate’s court.

State lawyer Steven Kayuni, who is Principal State Advocate in the Attorney General’s chambers, confirmed the lifting of the injunction on Friday.

Katopola was represented by lawyer Kalekeni Kaphale at the High Court in Lilongwe.

Said Kayuni in an interview on Friday: “The reasons for the lifting were as follows: She [Katopola] suppressed material facts that actually the President refused to have her dismissed as per recommendations of the Parliamentary Service Commission. She also suppressed material facts that the same issues of her employment were before the Industrial Relations Court; thus, abuse of court process.”

The lifting of the injunction, said Kayuni, means that the criminal prosecution can now proceed in the magistrate’s court.

This is case number 19 of 2012 in which Katopola on July 24 2012 pleaded not guilty to two charges of abuse of office and failure to declare interest in award of contracts.

The Parliamentary Service Commission chaired by the Speaker of Parliament Henry Chimunthu Banda on May 21 2012 recommended to President Joyce Banda that Katopola be dismissed, but did not state the reasons.

The President refused to fire the CoP due to procedural issues.

Katopola was arrested and questioned by the police on charges they did not disclose at the time.

In an interview on Sunday, Katopola only said: “We will wait for their next step.”