Malawi’s chief immigration officer, Masauko Medi and his deputy, Fletcher Nyirenda, faces an arrest over a decision by Home Affairs minister Nicholas Dausi to deport a South African who alleges some people “stole” his company.
The High Court in Blantyre has directed South African businessman Wayne James, a claimant in a case to file contempt of proceedings against the immigration bosses.
Dausi was sued in a matter related to the hijacking of Affordable Glass and Aluminum, a Blantyre based company owned by two South African partners, Wayne and Shaunez James.
It is alleged that the company was dubiously sold to Zakeera Azziz Jussab and Muhamad Raees Gatee using forged documents from the department of registrar of companies, which is also under scrutiny.
Wayne and Shaunez James were pushing to find justice in the courts, but in the course faced another legal battle as Dausi ordered for their deportation from Malawi five days before they could have their matter heard in court.
Through lawyer Kuleza Richard Phokoso, the claimants obtained a stay order and an injunction against Dausi as the court ordered their return to Malawi and reinstatement of their residence permits, only to be blocked by the Immigration Department, denying them entry into the country through their South African counterparts; and Malawi Airlines and they could not check in at the OR Tambo International Airport.
At the weekend, High Court judge, Joseph Mbvundula ordered Medi and Nyirenda to appear before the court for contempt.
According to the court order, which Nyasa Times is in possession, the two are wanted after blocking Wayne James from flying into Malawi to commence and prosecute a judicial review of his deportation by Dausi, 1st Defendant in the case.
“Upon hearing counsel for the Applicants/Claimants [and] upon reading the sworn statement in support it is hereby ordered and directed that the Applicant/Claimant be and are hereby ordered to file Contempt of Court Proceedings against the 2nd Defendant through its Director General (Mr. Masauko Medi) and Deputy Director General (Mr. Fletcher Nyirenda) or its servants and agents who defied the Court Order of Justice Chigona dated 12th January 2020 to be Committed to Chichiri Prison within 10 days from the date of this Order).
The court has also ordered the Immigration department to clear with all airlines servicing flights to Malawi and OR Tambo International Airport and Chileka/Kamuzu International Airport to allow James to check in, board flights and travel into Malawi.
Airlines servicing flights to Malawi, namely Malawi Airlines, Kenyan Airlines, Ethiopian Airlines, South African Airlines and all airlines servicing flights to Malawi have also been ordered by the court to allow James and his family to book flights, check in, board flights at all airports in South Africa and travel into Malawi.
James is expected to fly into Malawi this afternoon.Follow and Subscribe Nyasa TV :