Court refuses to lift injunction against govt on Clerk of Parliament

The High Court in Mzuzu has refused to lift an injunction that four MPs got preventing Clerk of Parliament Fiona Kalemba from taking oath of office since her appointment last month.

Justice Madise:  Matter will be heard on December 15

Justice Madise: Matter will be heard on December 15

Judge Dingiswayo Madise who granted the MPs; Harry Mkandawire (Mzimba West, People’s Party-PP), Kamlepo Kalua (Rumphi East PP), Peter Chakwantha (Lilongwe South West, Malawi Congress Party-MCP) and Enoch Chihana (Rumphi Central, Alliance for Democracy-Aford) an injunction on November 19   ruled on Friday that it was necessary the injunction remains in place until the full hearing.

He said the court was being asked to recognise that Kalemba came third during the interviews for the position which were conducted by the Parliamentary Service Commission (PSC) in October.

High Court judge Charles Mkandawire is understood to have came first and followed by Malawi Human Rights Commission (MHRC) executive secretary Grace Malera.

President Peter Mutharika picked Kalemba for the job and justified and his decision citing her legislative drafting experience.

The four MPs rushed to court   to stop the swearing ceremony that was to be conducted by Chief Justice Andrew Nyirenda on November 20.

But government made an application to vacate the injunction, arguing the MPs did not have locus standi in the matter (are not an interested party in the case) and could not get an injunction to stop Kalemba from taking oath.

But in an inter-party hearing Friday morning, lawyer for the MPs, Wesley Mwafulirwa , also made an application to sustain the injunction until the court reviews the main matter.

Judge Madise rebuffed ruled that indeed the MPs were an interested party and refused government application to vacate the injunction .

He set December 15 when the court will hear the case and judgement will be made on December 18.

Ministry of Justice spokesperson Apoche Itimu said the State will “comply” rwith the court’s ruling and will be present for the main matter on December 15.


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24 thoughts on “Court refuses to lift injunction against govt on Clerk of Parliament”

  1. vin mongu says:

    how i wished that number one was a chewa or a sena but because it is a northerner then it all goes up in flames. whatever the result it will be a tested result by democracy. we really need to cap presidential powers in this country. then let us federate this country people and you always refuse. if we federate then you will leave the tumbuka run their own affairs.

  2. Maky says:

    well done Judge

  3. shad says:

    Atenge woyambayo bas

  4. Yehova walembatu kuti Mayiyu akhala Kilaki of Malawi Parliament.
    A Tumbuka imwe Mwapulika.

  5. Wiseman nyirongo says:

    Zakula ndi ndale abale anga kumpoto akungochita china chili chonse kufuna kusokoneza mboma koma sitipindula malamulo ali clear.president apasidwe maina atatu asnkhe modzi ndipo ndi zimene wachita palibe walakwisa ngati mufuna mukonze malamulo .

  6. Charombanthu says:

    Too much powers vested in the Presidency. Some of these appointments should be taken away from the office, otherwise this nation will remain the poorest for life.

  7. Alex Likoswe says:

    I hear you brother

  8. maganizo says:

    Bola mukanakhala no 3

  9. The recruitment principle is that you go the second and third in position ONLY if the first scorer turned down the offer on the basis of package or other conditions within the contract. But in this case, I have not heard here or in any paper saying that Judge Charles Mkanadawire turned down the offer or Grace Malera as the second turned down the offer after Judge Mkandawire. This is total chaos. Government should be the last to by-pass this recruitment principle. How can you talk of Public Reform and yet you are still doing the WRONG approach. Simple Logic; In the reform Commission there is no HR Professionals and yet you are talking of Human Capital purely managed by an HR Manager. Total chaos. kkkkkkkkk. Koma abale, Ziliko nkulinga utatosako. Mbuzi za wanthu.

  10. Tonde says:

    Atumbuka give me poison ndiphe agalu amenewa andikwana koopsa. Iwo amaona nepotism ya anzawo koma Yao ayi. Mkandawire came first because of msowoya not because he is good! And why sue in mzuzu when the case happened in LL? Kufuna another mbwenumbwenu to preside over the case si choncho agalu inu?

  11. North remains selfish, nepotic, & sazapasidwa mpata zindere

  12. Kabwira Kapasula says:

    Atumbuka ndi chomcho , amafuna ntchito zonse zizikhala zawo , anathamangira kukatenga injakishoniyo kwawo ku mbwenumbwenu esiteti , kumene amaziwa kuti jaji wake akhala wakwithu mzawo . Koma kamtundu aka kontchedwa mtumbuka . Pomaliza moni kwa awa : mtumuka Kamlepoi Kalua , mtumbuka Harry Mkandawire, Mtumbuka Mzomera Ngwira , Mtumbuka Bima. Shaba , mtumbuka Michael Mtambo ,ndi mtumbuka Billy Mayaya. Atumbuka ena ndiwapasa moni mmawa , komanso moni kwa mtumbuka Raphael Kasambara

  13. thinktankmalawi says:

    ..they had to shop judge in their own northern region state…and it has worked….but at the end of day..she still gonna be clerk….

  14. Ayobeee de Zobue says:

    The merit of the interviews has to prevail. This is not university quota system yomangotenga alomwe okhaokha.

  15. polofesa says:

    Ofunika kuchita naye mulomwe wa tsankho uyu. Amachita kuonetsera choncho…

  16. Titus scot says:

    Za ma lawyer izi, akudziwana. Apawo ndi mizu ya kachere, akumana pansi!!!!

  17. kukhala says:


  18. kasim says:

    Malawi promoting mediocrity. why conducting interviews if the resolutions of the same cannot be adhered to. This reflects how absurd the appointing officer thinks. For Malawi to develop we need well qualified people having skills and qualities that promote high performance. I doubt if the appointing officer ever heard of the word talent management.My heart bleeds that is why we are clinging to quota system in our education system promoting mediocrity at the expense of the national good

  19. chatonda says:

    Very good Judge Madise. That is how democracy can be sustained in Malawi. Let the appointing authority respect the outcome of the interviews and that is the reason the government has to conduct the interview, ie to find the right and best person for the job. Mkandawire is very experienced and has been judge for a long time including SADC for years. Give him the job he qualified for during the interviews and not because her husband was DPP for the same government during Bingu’s time, NO.

  20. George phiri says:

    Now das auto

  21. ambewe says:

    Dingiswayo madise knows his work. Long live genuine democracy

  22. m'busa says:

    If the president could just pick the person for the position then why wasting my tax on fake interviews. If it’s a matter of retaining judges and the so called gender issues then why not giving the lady who scored the second. No justification here. DPP be reasonable.

  23. Abishayi says:

    Chitsiru ndi chi bububu chi Pete munachibetsera mavoti nepotism thoo yet the guy is full of maggots upstairs. Look at what Magufuli is doing in reform programs n we as Malawians we are totally doomed by having this chicken brained fucker in the highest office. Kuzolowera quota yokomera alomwe ma tenant ndikudziwa kuphika tala pa road construction. Ana anjoka

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