Supreme Court reserves verdict on Kalumo
Malawi Supreme Court of Appeal has reserved its ruling on Attorney General Thabo Chakaka Nyirenda’s application to suspend a High Court of Malawi judgement that nullified the appointment of Immigration chief Brigadier General Charles Kalumo (retired).
Deputy Chief Justice Lovemore Chikopa heard the matter yesterday in his chambers in Blantyre where Nyirenda justified his application for an order of stay of execution of the judgement that nullified Kalumo’s recruitment as Department of Immigration and Citizenship Services director general.
In his submission, Nyirenda said the High Court judgement has several irregularities, as such, in the interest of justice, it is important that the Supreme Court suspends its implementation pending hearing and determination of an appeal.
High Court Judge Mike Tembo nullified Kalumo’s appointment on June 6 2024 and described it as illegal and unconstitutional. President Lazarus Chakwera appointed Kalumo in August 2022.
Initially, Nyirenda applied for a stay of execution of the judgement in the High Court, but Tembo declined to grant the order, forcing him to file the application in the Supreme Court.
The High Court’s verdict followed a 2022 judicial review application filed by immigration officer Chikhulupiliro Zidana, who queried the procedure Chakwera followed to appoint the retired soldier.
The Attorney General’s office public relations officer Emmanuel Lawyer said Nyirenda touched on several issues during the interpartes hearing, including that Zidana failed to serve the application within the prescribed time.
But John Kalampa, who represented Zidana during the hearing, opposed the application arguing that the High Court judgement was sound at law.
The court has given the parties seven days to meet and agree on a timeline within which they can file their skeleton affidavits in preparation for the actual hearing for the appeal.
