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.
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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