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.
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.Follow and Subscribe Nyasa TV :