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.

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.