Immigration challenge Judge Kenyatta order to allow 4 Chinese enter Malawi: Judiciary on spot

High Court judge Kenyatta Nyirenda has put the judiciary on spot on how questionable justice delivery is delivered in the country following  his order that the Department of Immigration  should not deport  four Chinese nationals upon their arrival in the country amidst fear of the spread of the deadly Coronavirus.

Medi: Department of Immigration will challenge a court order
Judge Kenyatta Nyirenda gave the order on Thursday

But the Department of Immigration has disclosed on Saturday that  intends to challenge a court order issued by Judye Nyirenda which allowed four Chinese nationals to enter the country.

The Chinese who are feared  to have exhibited symptoms of Coronavirus, are said to be mingling with the public  following the court order.

The four were among 14 Chinese nationals who arrived in the country on Tuesday, but the Department of Immigration and Citizenship Services managed to send back to China 10 of them on Wednesday.

But  Department of Immigration and Citizenship Services director general Masauko Medi  told a news conference on Saturday that they have instructed its lawyers to vacate the order by the Judge and challenge it at the court.

Judge Nyirenda is known for controversial court determinations; among them  ruling  in favour of government to proceed with the controversial sale of State-owned Malawi Savings Bank.

He also ordered in 2014 at night  the release of results of the country’s disputed presidential elections and refused  a recount.

The present court order  granted by Justice Nyirenda has  put the judiciary on spot over controversial orders.

It was  obtained by Lilongwe-based lawyers, Wilkinson & Associates.

In his order, Justice Nyirenda  forced the Department of Immigration to remove the four from quarantine at Kamuzu International Airport (KIA) and allowed them entry into the country.

China, the first nation to register coronavirus cases, started enforcing a 14-day quarantine on all international travellers arriving into that country, and almost all countries, including Malawi, followed suit.

But in this case, it means Malawi, owing to this court order that was granted without the court hearing from Immigration or the Attorney General (AG), failed to enforce the restriction on these four Chinese as they only stayed in quarantine for two days.

Nyirenda granted the injunction without hearing from the director general of Immigration and AG, first and second respondents respectively, advising them that should they want to have the injunction varied or discharged, local lawyers for the Chinese nationals must be notified 48 hours beforehand.

The judge stated the injunction was valid up to March 26 2020 the same day an inter partes hearing will be held on the case.

Meanwhile,   President Peter Mutharika on Friday declared a State of Disaster  with new measures which include a travel ban for foreign nationals from countries highly affected by coronavirus disease. However, Southern Africa Development Community (Sadc) countries are exempted.

The coronavirus was first reported in the city of Wuhan in China on 31 December 2019. Within the past three months the virus has spread at a fast rate in Europe, Canada, the United States and Africa.

Some of the affected African countries are within Malawi’s proximity such as South Africa.

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Mdala
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Mdala

Questionable? Who? I mean which arm of government, executive, judiciary or legislative?
Fact is, we face a precarious epidemic crisis, but we have also a serious political crises!
It appears to me, as if there is a blame game going on between executive and judiciary and we know the background!
But this is the last thing we need. Right know we need all stakeholders to but their feed on the ground and tackle this crises for the benefit of all Citizens of this country in both crisises!

Youn
Guest
Youn

This is an issue the loud-mouthed Mtambo and his so called Human Rights Defenders Coalition should be talking about.

Kashma
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Kashma

A Kuluwa ndiye ife tatopa nawo and this is too much for him. Will people respect his rulings now.There are no Judges enough in Mzuzu send him there. How old is this man because I have not seen him really.He deserves to give respect and mature himself for himself or retire him. Definitely one cannot be comfortable when his/her case is handled by such high court judges and one is not rely much of the outcome. The Court officers should be exemplary to anything because thus the second home of justice after Church though it does not take place there.… Read more »

Phiri
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Phiri

All our judges are a disgrace because they are corrupt and incompetent.

Observermission
Guest
Observermission

Let us understand the country where these 4 Chinese people are coming from. It is sad to learn that the High Court Judge quashed what the Immigration officers said and 48 hrs is too long to spread the disease. This means that all the effort by muthalia regarding corona virus is nothing to Mr Nyirenda. Many people talk about his transfer to Lilongwe and not post him to Mzuzu if this is the case.

wa Nyau
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wa Nyau

ndye ma judge apa malawi amenewo,bola cash zose zithekaaa

TRUTH
Guest
TRUTH

Mtambo are you around? Is HRDC around? Is this not a Fundamental Human Rights issue, the right to live / life Finaciers of HRDC are you there? The love of money is the root of all evil. If this was to the advantage of opposition politically, Mtambo, Chakwela and Chilima could have risen for demos. God have mercy for our poor Malawi!!!

Rhiz De'souza
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Rhiz De'souza

Poverty is the root of evil bro, and the HDRC they can’t fight for this issue what they no is demo for Politics not life the people inMalawi

Musolini
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Musolini

FIRE HIM

Musolini
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Musolini

Fire the stupid judge

Sims
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Sims

KANGAROO COURT….A BIG JOKE!
Malawi Courts…LoL

Boni
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Boni

Corrupt and incompetent judges = corrupt and incompetent judiciary.

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