Lilongwe Mpenu member of Parliament Eisenhower Mkaka ( Malawi Congress Party -MCP) has obtained a court injunction against the confirmation of Duncan Mwapasa as Inspector General of police.
Parliament was supposed to debate and confirm Mwapasa as police chief after protracted arguments and counter-arguments between the opposition and government back-benchers.
Mkaka says he has obtained the injunction so that the courts should interpret whether parliament can confirm another police chief when Rodney Jose is still holding the position.
In allowing the injunction, Judge Fiona Mwale says: “It is ordered…that the application be allowed and that the applicant do have permission to apply for judicial review.”
Mkaka has been ordered to file originating motion, sworn statement in support and skeleton arguments within 14 days.
Jose said in a letter to secretary to the Office of the President and Cabinet Lloyd Muhara he was proceeding on leave pending his resignation in November.
Minister of Justice and Constitutional Affairs Bright Msaka, a lawyer, in Parliament on Monday used the Interpretation Act 30 (1), saying there is no point to withhold the confirmation because of this section as the law is clear.
He said: “Where [the] substantive holder of any public office constituted by or under any Act is on leave pending relinquishment by him of such office, it shall be lawful for another person to be appointed substantively to the same public office.”
Mwapasa, 49, joined the police service in 1997.