Malawi govt to challenge Minister Chaponda suspension: Attorney General says court order has ‘fundamental error’

Malawi government will challenge the High Court ruling in suspending Agriculture, Irrigation and Water Development Minister Dr.
George Chaponda from discharging his ministerial duties.

Attorney General Kaphale: There has been a fundamental error

Attorney General Kalekeni Kaphale confirmed the development in an interview with Zodiak Radio immediately after the ruling was
delivered at Mzuzu High Court by Judge John Chirwa on Thursday morning.

Kaphale said upon being served with the court order, they will go through it and counter argue.

He however admitted that as a law abiding government, they will at the meantime follow the court order once they are served with the
documents conceding that Chaponda has been relieved from his duties.

Kaphale nonetheless  faulted lawyer representing the Civil Society Organizations (CSO’s) and Youth Activist Charles Kajoloweka on the matter for failing to thoroughly enlighten the judge on some other issues including the limits court are supposed to follow when giving out rulings.

He argued that courts cannot rule on issues to do presidential appointments but rather only administrative issues.

“We believe a fundamental error has been made,”said Kaphale.

The CSO’s have been protesting against President Peter Mutharika’s sole appointment of the members of the Commission of Inquiry
instituted to investigate the suspicious Maize purchase by the Malawi government from the Zambian government.

They went on to ask Mutharika to fire or suspend Chaponda to pave way for smooth investigation but Mutharika refused claiming he cannot act on mere allegations and rumours.

Apart from the Commission of Inquiry, Malawi Parliamentary Committee on Agriculture and the Anti Corruption Bureau (ACB) are also running parallel investigations.

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Milore
Guest
Kaphale you can not win your case. People are not challenging the appointment of Chaponda as a minister. People are challenging the rationale of keeping him as a minister while investigations are on his head. They are fighting for his suspension pending the ongoing investigations. That issue is administrative by nature. The judge here was right to grant the injunction. Mr Kaphale should not forget that the constitution gives unlimited powers to the high court on all maters of law. Where people believe justice is threatened, the court is there to provide guidance and relief. That is exactly what has… Read more »
Nastc
Guest
I don’t agree that the judiciary has unlimited powers on all matters of law. We’ve had cases in which the courts have advised parties involved to sort matters rought before the courts through other means. That said, much as I’m one of the people who speak earnestly and strongly against corruption, I believe letting people take injuctions against cabnet ministers in this mean (or whatever manner) threatens the president’s power to hire, suspend and fire cabnet ministers. Once this is condoned, the next thing we should expect to hear is that someone has taken an injuction against the appointment of… Read more »
Nabetha
Guest

Chaos is what we need to sort out the mess and it is just a matter of time for a bomb to explode. The president should foresee that this kind of scenarios will cause havoc in the country.

Ephraim Mahallawipha
Guest
I REPEAT, THE BIGGEST PROBLEM FACING MALAWI TODAY IS THE TUMBUKA FACTOR!! TUMBUKAS HAVE SLOWED MALAWI DOWN SINCE KAMUZU TIMES. THAT’S WHY KAMUZU DISPATCHED THEM LIKE JEWS DURING HOLOCAUST TO THEIR CONCENTRATION CAMP – THE NORTH. THEY ARE A CANCER TO MALAWI. LOOK AT THIS DAFT TUMBUKA JUDGE!!!! DPP & PROFESSOR MUTHARIKA, TIME HAS COME YOYENDERA PAYERE PAYERE. MA CADETS APATSIDWE ZIDA AYAMBEPO NTCHITO. SUCH JUDGES MUST BE DISCIPLINED. TIWANA TONUNKHA BIBI TOMWE TIMAKASUMIRA A PRESIDENT TIYENERA KUMVETSEDWA MOYO KUWAWA! ZOMASEKELERA ZOPUSAZI BWANA PRESIDENT ANTHU ATIPWETEKA. BINGU ZOPUSA NGATI IZI SAMASEKELERA, AMALAMULA MA CADETS TO PROTECT HIM. YOU NEED PROTECTION… Read more »
koma abale inu eeh
Guest

The government is correct to challenge the ruling that suspends the Minister. Meanwhile the Bwana (Chaponda) should be allowed to do his job as minister. Government: injunction please stat.
This kind of ruling by the Mzuzu Court is straddling into politics here. And it is irresponsible because it can cripple a government. Governments do not resign without evidence of criminality; same for ministers: Chaponda or anybody else. Bad and unwise precedent when the Court sways away from classic litigation, and is involving itself in political matters. I wonder why the Mzuzu Court continues to be shopped in cases like this.

Jivinali Mkutu
Guest

Signs of times.

Zaya ku Nkhongo
Guest
This is all politics and DPP you seem to be very much relaxed and not dealing with these threats. High Court judges like these should just be banished from the courthouse ngopanda phindu. Why do the CSOs want President Mutharika to suspend or fire Chaponda? Did the CSOs prove a prima facie case against him to the extent the demands that he resigns or be suspended? Courts cannot be seen to interfere with an appointment of any civil servant unless the appointment is ultra vires the constitution. The CSOs are playing both player and referee and that is unheard of.… Read more »
Chaponda chimanga
Guest

I think the attorney general is trying to put petrol on the fire,Malawians are going to take action and we will judge this chaponda you so protect in our street court.

charlie hebdo
Guest

The president is not above the law and as such can be challenged in a court of law, appointments are no exception. How was Bingus appointment of IG challenged by parliament? Parliament is one branch of government and judiciary is just the other…One branch of government can overrule the other and none is superior to the other…..Pepani, law interpretation here is correct!

Gerald mapanga phiri
Guest

When you want to see how stupid a good lawyer is. You will see him/her when he turned to be a politician, kaphale and others are not exception. When he stays put while is a politician and know that you a have an icon

Prophet Of The East
Guest
Its Funny to c the whole AG talking as a headless chicken, u dpp thieves i wonder y u boast like fools of winning 2019 polls as if u won 2014 polls, God is punishing u if u dont knw this is thd begining of your end, u provoked the wrath of God during polls, as that was not enuf u r still opressing the poor what a sin Pitala, YOUR DAYS ARE NUMBERED, ufa imfa yowawa usanalape, open yo eyes, repent u hv few dyz to kiss yo ass! Ana A Mulungu sadzakhala kulira masiku onse, ndichani chingamulake ambuye… Read more »
Semani
Guest

Amalawi tachenjeretsa too much tayiwala kutukula ma wanna athu coz of politics and with this nonsense will run one day leaving our own houses.

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