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Court rebuffs Malga on district commissioners’ transfers

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High Court Judge Jean Kayira Monday discharged an injunction and leave for judicial review which Malawi Local Government Association (Malga) obtained against government’s intention to transfer and redeploy some district commissioners (DCs) to other parts of the country.

Kayira noted that, after carefully examining the constitution of Malga, she was of the view that the association does not have sufficient interest to sue on behalf of the DCs.

Senior State Advocate Chrispin Limbikani Kalusa has welcomed the ruling.

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“One of the grounds for which we came to challenge the leave for judicial review and the injunction was that Malga does not have sufficient interest. The court has examined the constitution of Malga and is satisfied that its roles are too broad to sue on behalf of district commissioners. Both the leave for judicial review and injunction have been discharged and government is free to transfer the DCs as at now,” he said.

Malga lawyer Davis Njobvu said he would discuss the outcome with his clients to map the way forward.

“Lawyers only act on instructions from our clients. The ruling has just been delivered some 20 minutes ago and my clients are not here. I need to get a copy of the ruling so that we can appreciate the full reasoning of the court and, from there, a decision will be made to appeal or not,” he said.

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On September 29 this year, the court granted Malga an order stopping the Ministry of Local Government from redeploying some DCs and council chief executive officers following an application by the association for a judicial review of the process.

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