Court rebuffs State’s application on Martha Chizuma
High Court Judge Mike Tembo has dismissed the State’s application, in which the Attorney General, through hired lawyers, applied to suspend the injunction that was granted to the Malawi Law Society (MLS).
Counsel George Kadzipatike and Chancy Gondwe (both representing Secretary to the President and Cabinet Colleen Zamba and State Prosecutor Levison Mangani) applied for a stay of the ruling that removed the interdiction of Anti- Corruption Bureau (ACB) Director General Martha Chizuma.
In the ruling, made available to The Daily Times, Tembo has refused to stay his ruling on the injunction.
Among the nine grounds, the State argued, through private practice lawyers, that MLS lacks sufficient interest in the case but the judge has quashed this saying MLS can obtain the injunction.
“This court would caution that it is dangerous and unlawful to now attempt to restrain the Malawi Law Society from exercising its very critical statutory mandate, in this regard by questioning that statutory mandate without any grounds as the defendants seek to do here.
“This court agrees that this matter is of paramount importance to this nation as it essentially concerns the monstrous vice that is corruption and the fight against the said vice within the legal framework provided for such a vital fight,” the ruling reads.
Further, the State accused MLS of judge-shopping after obtaining the order from a Blantyre court.
However, Tembo also quashed this, saying MLS has a right to seek relief where it is convenient for them in the circumstances.
“This court finds that the present application by the defendants lacks merit and it is declined accordingly,” the last part of the ruling reads.
On his part, MLS President Patrick Mpaka told The Daily Times that the State went behind their back on the application as they were not aware about it.
“Chizuma remains in office, as it stands.” Mpaka said.
The Attorney General Thabo Chakaka Nyirenda has appointed Counsel George Kadzipatike and Chancy Gondwe to represent Zamba and Mangani in the case where Government is challenging the injunction that reinstated Chizuma.
A third lawyer, Kalekeni Kaphale, said he was yet to make a decision on whether to accept the task.
Meanwhile, the State has said it intents to appeal the ruling.
Kadzipatike confirmed the development, saying: “We are working on the documents.”