The State has appealed High Court Judge Mike Tembo’s ruling, in which he dismissed its application for Anti-Corruption Bureau (ACB) Director General Martha Chizuma to remain interdicted.
One of the private practice lawyers hired by the State, George Kadzipatike, confirmed filing the appeal to the Supreme Court of Appeal on Thursday.
“Yes, we have filed the appeal at the Supreme Court and we are waiting for the ruling,” Kadzipatike said.
On Wednesday, Tembo threw out the State’s application for Chizuma to remain home after the Secretary to the President and Cabinet Colleen Zamba wrote her a letter of interdiction.
This was after the Malawi Law Society (MLS) applied to the High Court, asking it to stay the decision to interdict Chizuma pending a judicial review of the matter. The wish was granted.
Apart from asking the court to suspend MLS’s injunction, the State wanted the court to suspend the judicial review that was granted to the society.
But, in his ruling, Tembo refused to grant the State its wishes.
In the fresh appeal, the State has raised nine grounds to convince the court to throw out MLS’s injunction.
The State argues, for example, that the society lacks sufficient interest in the case and accuses MLS of forum-shopping.
It questions why MLS lawyers went as far as Blantyre to get the injunction.
In his ruling, Tembo said MLS had a mandate to approach any court which is convenient to them.
Attorney General (AG) Thabo Chakaka Nyirenda appointed Kadzipatike and Chancy Gondwe to represent Zamba and police prosecutor Levison Mangani in the case.
The AG also appointed former AG Kalekeni Kaphale to represent Lilongwe Chief Resident Magistrate Madalitso Khoswe Chimwaza.
On Tuesday, MLS Vice Chairperson Chrispin Ngunde told The Daily Times that they were “reconstituting our team” in preparation for the State’s appeal.