The High Court has ordered that suspended Traditional Authority Chimombo born Stanford Mtukula of Nsanje be restored with immediate effect.
The court’s consent judgment dated November 22, 2017, filed in Blantyre ruled that government’s decision to relieve Tukula of his duties was based on mere allegations that were not substantiated.
The two paged court consent judgment signed by High Court Registrar, lawyer for the embattled chief, Chidothe and Company and Attorney General, addressed to the State President, Secretary for Local Government, Nsanje District Commissioner, Paramount Chief Lundu and Senior Chief Malemia has directed that Chimombo be reinstated immediately.
“The Court is ordering and directing that the decision by government to suspend Stanford Mtukula from executing the functions of Traditional Authority Chimombo of Nsanje be wholly set aside. The decision to relieve Mtukula of his duties was based on mere allegations that were not proven,” reads part of the judgment.
The High Court judgment further observed that a Commission of Enquiry set by government to establish authenticity of allegations levelled against Mtukula did not give him an opportunity to defend himself prior to the issuance of the warning and subsequent interdiction.
The ruling has also directed that the decision to appoint Harrison Chimombo to act as Traditional Authority Chimombo of Nsanje be set aside.
Nsanje District Council Chief Administrative Officer, Redgison Mkolombwe acknowledged receipt of the copy of the judgment.
However, Mkolombwe said the council would wait for Ministry of Local Government and Rural Development to give guidance and direction on the matter.
Ministry of Local Government’s spokesperson, Muhlabase Mughogho asked for more time before commenting on the matter, saying she did not have information regarding the judgment at the time of compiling this report.
The reinstated Chimombo confirmed the development, saying he was not surprised with the judgment as there were a lot of anomalies surrounding his suspension.
However, the acting Traditional Authority Chimombo, Harrison Chimombo, has said he would not relinquish power to the reinstated Stanford Mkukula.
Chimombo challenged that the authority to suspend and reinstate was entirely the prerogative of the State President.
President Joyce Banda suspended Mtukula five years ago after some of his subjects expressed dissatisfaction over his alleged ‘oppressive’ leadership style.Follow and Subscribe Nyasa TV :