Immigration Department boss risks arrest

Chief Immigration Officer Masauko Medi and his deputy Fletcher Nyirenda risk arrest as they have been dragged to court by a businessperson of South African descent Wayne Thomas James for allegedly being in contempt of court.

James’ lawyer Kuleza Phokoso Tuesday said that the Immigration Department boss failed to comply with a court order stopping the department from executing a deportation order on James who was flown out of the country on January 12 2020.

Phokoso said Medi, through his office, instructed airlines plying between Malawi and South Africa not to allow James to check in and board the planes traveling between the two countries.

“That was a direct contempt to the court order because the court had ruled and set aside the deportation order but they proceeded to execute it, in defiance of what the court had said. Now the court has summoned them to answer contempt charges,” Phokoso said.

According to Phokoso as provided for in the civil procedure rules, if found guilty, Medi and his junior may face a jail term of three years, get a fine or lose their jobs.

Phokoso further alleged that his client was forced out of the country without following lawful procedures.

Meanwhile, James arrived in the country yesterday through Chileka International Airport in Blantyre, where he complained that he was being “harassed and tortured for no reason.”

“There was no documentation whatsoever when they picked me. There were about eight officers who claimed to be from the Immigration. They kept me at Chilomoni Police Station before putting me on a plane. I was told I am a threat to public safety but I am an honest businessman who pays taxes. That was unfair,” James said.

Now that he is back in the country, James said he hopes that justice will prevail in all his court cases.

But Immigration Department spokesperson, Joseph Chauwa, said they were only acting on instructions from the Minister of Homeland Security and Internal Affairs Nicholas Dausi.

“We were just enforcing an order that came from the Minister because the Minister has power to decide on driving someone or a group of people out of the country for reasons that are satisfactory to his office. I can confirm that the order was lifted because the said deportee is supposed to be in the country to attend to several other court proceedings,” Chauwa said.

When contacted, Dausi asked for more time saying: “You see anything that I, as a minister, say hinges on national security, so give me time to consult thoroughly.”

It is alleged that Dausi ordered the deportation of the businessperson after the latter launched a court battle against the former in a matter where the Minister allegedly “hijacked” James’ Affordable Glass and Aluminium, a Blantyre-based company he co-owns with two other South African partners.