The High Court in Blantyre is set to hear a judicial review of a case where two directors of a ‘Christian’ private school, Kalibu Academy want a former governor of the school arrested over homosexuality activities allegations.
Micheal T. Howard and Paisley Mavutula, Director and Headmaster of Kalibu Academy respectively obtained a contempt of court order seeking to put in prison a former governor Rozella Anne Hayns over allegations that she has been sending and posting homosexuality issues at the Christian institution which is contrary to the doctrines and teachings of the institution.
According to court papers filed at the High Court, Hayns was arrested in Nsanje last week on allegations of contempt of court following a court order obtained by Howard and Mavutula but her lawyer Patrick Mpaka of Deston and Company rushed in time to save her from being thrown into jail.
Mpaka appeared before Blantyre Resident Magistrate Diana Mangwana on Sunday 7th February 2016 where he pleaded with the court not to put in prison his client who is 63 years old.
Mangwana was expected to pass her ruling after hearing Howard and Mavutula lawyer Joseph Kamkwasi of Joseph and Maxwell Chambers on Monday last week but postponed it to last Friday.
But before she could pass the ruling on whether to put Hayns in prison for contempt of court, Mpaka applied to the High Court for judicial review of the matter, effectively stopping all the proceedings in the lower court.
High court Judge Rowland Mbvundula granted the order on Tuesday last week.
According to the court papers that Nyasa Times has seen, Hayns wants the High court review the actions of Resident Magistrate Mangwana in issuing a warrant of her arrest arguing that it was unlawfully made.
“The issue is that although they run an otherwise Christian institution comprised in Kalibu Academy and Kalibu Ministries, the said Paisley Mavutula and Micheal T. Howard have allegedly been involved in homosexuality acts and other abominable conduct in the set up of the institutions,” reads part of the court documents.
The documents also has a copy of an email dated 14th October 2015 from Brian Culwell, a former Director and a second applicant in the case, to Howard summarising the kinds of misconduct and the resolutions in this respect.