Malawi Supreme Court reinstates Chaponda as Agricultural Minister: Justice Mwaungulu rules Judge Chirwa erred

Judge Dunstain Mwaungulu of the Supreme Court of Appeal has vacated a High Court order stopping Minister of Agriculture, Irrigation and Water Development George Chaponda from executing his duties until a probe into the Zambia maize import is over.

Chaponda: Last laugh

In his determination on Friday, Justice Mwaungulu  said the court decided to vacate the injunction because it did not ask for the said Minister to be suspended but rather asking for the judicial review.

He said the lower court erred to suspend Chaponda because the affidavits were not consistent with the law.

Justice Mwaungulu  said Judge John Chirwa of the High Court of Malawi erred in law when he ruled that Chaponda be suspended saying the judgement was not consistent with the law.

Attorney General Kalekeni Kaphale filed the documents serving notice of the appeal in the Supreme Court of Appeal, in which he argued that Justice Chirwa, among others, erred in failing to find that Presidential powers of appointment, suspension or dismissal can only be reviewed on very narrow and limited grounds.

Mwaungulu found the argument by Attorney General Kaphale as plausible after he noted  some discrepancies in the order which were inconsistent with what was pleaded for by the CSOs, an action which he said was unprocedural.

Kaphale has stated that the judge erred “in law and in fact” for failing to identify constitutional provisions that would be subject to judicial review in light of the facts so far disclosed, at the main judicial review hearing.

It added the judge also displayed bias towards the CSOs – Centre for the Development of People (Cedep), Church and Society of Livingstonia Synod of CCAP as well a Youth and Society (YAS) -that they have locus standi (sufficient interest) to remain as parties to the judicial review proceedings and failing to contextualise the proceedings in relation to the Commissions of Inquiry on the maize issue.

Lawyer Gift Chimowa who represented the Attorney Generalsaid he was pleased with the court’s determination .

But legal counsel for the CSOs Wesley Mwafulirwa said while respecting the court’s decision, the issue that there was no application for an interim injunction was debatable, saying  Justice Mwaungulu does not believe in the Rules of the Supreme Court which they  used to apply for the injunction, but that he believes in Civil Procedure Rules.

The ruling means Chaponda isreinstated Minister of Agriculture, Irrigation and Water Development.

 

 

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Andrew
Guest

What do you say about Ralph Kasambara then? Mtambo erred a great deal in his judgement

chaholichifipa
Guest

Chaponda thinks that he has won?…God will punish this old man

Semani
Guest

I hope lesson has been taken from all media that the court doesn’t work on rumors,court work on evidence. Kamlepo stop gossiping Malawi is one don’t divide us don’t be bias where is our jet

Signpost
Guest

Anthu inu mukamayamba nkhani muziyamba mwadikira musanachite celebrate kaye. Mwaiona kumene yapita nkhani. A Chirwa muli kuti tsopano. Manyazi bwanji.

MCP
Guest

Is it PP government which appointed the so called judge Chirwa?

Billy Mayayama
Guest

The conduct of Judge John Chirwa in this case was uncouth and clearly biased. How on earth could he act so unprofessionally as to make an order different from the one he was asked to do? Where did Joyce Banda take this “so called Judge” from? My advice to Judge Chirwa. Please go back and learn the basic principles. Judges are supposed to be just. The pure hatred you displayed for Chaponda cannot be just.

Samuel Lwara.
Guest

I can see clearly in Justice Mwaungulus ruling. Lower Court at my home is traditionally biased. Ethics are ever breached. With new Judges may be will be a sigh of relief.

Semani
Guest

Its a lesson to all media house don’t take anything that is coming out of Kamlepo he is a lazy man a and the head Master of gossip primary school in mpoto land. Times please tell ochakwera that its time convince people through his good work don’t hate people from mwelaland not even one coz nobody will divided them they like bees

Harawara
Guest

We all said it that George would be found no wrong doing. How could a Presidential Inquiry set by the President who sent him to buy maize at very high price later find him guilty. Malawians are losers in this case. But some day Malawians will win against corruption.

Amufumu
Guest

This in not justice judicialy is there to protect the rich only and the loved ones.

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