The Malawi Supreme Court of Appeal has thrown out an application by fired Immigration chief Brigadier General Charles Kalumo (retired) to pend the nullification of his contract awaiting an appeal.
Deputy Chief Justice Lovemore Chikopa, sitting as a single Justice of Appeal, heard the application on July 11 last year.
In his ruling, he said on January 25 this year, saying business at the Department of Immigration and Citizenship Services may not grind to a halt because of the absence of one person.
The judgement followed an application by Attorney General Thabo Chakaka Nyirenda who argued that the High Court of Malawi judgement that nullified Kalumo’s appointment by President Lazarus Chakwera has several irregularities, as such, in the interest of justice, it was important that the Supreme Court suspended its implementation pending hearing and determination of an appeal.
But Chikopa observed that substantive matters relate to who can or should appoint the Immigration chief, who can be appointed and the procedure to be followed.
He said he was in agreement with the High Court and that interests of justice weighed more towards not granting the stay.
Ruled Chikopa: “We do not think the Immigration and Citizenship Services will grind to a halt in the absence of Brigadier General Kalumo [retired].
“Or, that irreparable damage will be done to Brigadier General Kalumo or the Directorate of Immigration and Citizenship Services in Malawi if a stay is not granted.”
He said if the appeal succeeds, Kalumo will go back to his position and resume his functions as by law provided for as if nothing ever happened.
Chikopa said it was in the interest of all that the appeal be disposed of in the shortest time possible.
In this regard, he ordered all parties to the case to, within 21 days, appear before the registrar to map the way forward and complete timelines within which steps towards hearing and disposing of the appeal before July 31 2025 should be completed.
Nyirenda was yet to respond to calls by press time.
High Court Judge Mike Tembo nullified Kalumo’s appointment on June 6 2024, describing it as illegal and unconstitutional.
The President 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 verdict followed a 2022 judicial review application filed by Immigration officer Chikhulupiliro Zidana, who queried the procedure the President followed to appoint the retired soldier.
