Africa-Press – Malawi. The Supreme Court of Appeal sitting in Blantyre Tuesday reserved its ruling in a case where an officer at the Department of Immigration and Citizenship Services Chikhulupiliro Zidana is challenging the appointment of former director general Charles Kalumo by President Lazarus Chakwera.
Last year, the High Court nullified Kalumo’s appointment following a judicial review.
But Chakwera appealed the case to the Supreme Court, which sat yesterday for the hearing.
Chakwera, who is represented in the case by Attorney General Thabo Chakaka Nyirenda, has raised 17 grounds in the appeal, claiming, among other things, that the respondent is not directly or sufficiently affected by the President’s discretionary appointment.
Chakaka Nyirenda also told the court that Chakwera was within his powers when he made the appointment.
The respondent, who is represented by lawyer John Kalampa, argued that the Malawi leader was not within the law to appoint Kalumo.
He also argued that he was among the suitable candidates for the job, not Kalumo, claiming that he had retired as he was over 60 years.
In his oral argument, Chakaka Nyirenda told the court that the respondent lacked sufficient interest in the matter.
“The respondent is a junior officer, lacking the statutory qualifications, experience or rank to be eligible for the position challenged. His assertion that he was a potential candidate was dishonest and materially misleading,” he said.
On the issue of the President lacking appointment powers, Chakaka Nyirenda backed the First Citizen.
“The appointment of senior public officers such as the Director General of Immigration falls within the President’s constitutional prerogative under Section 89 and Section 6 of the Public Service Act. This is not subject to judicial review,” he said.
He added that the High Court erred in law by nullifying Kalumo’s appointment.
The respondent, who has served at the Immigration Department since 2012 and is 30 years old, earlier told the High Court that Kalumo had passed the mandatory retirement age and thaat he was also not a member of the public service.
He went on to say that his appointment was against Section 3 of the Immigration Act, which states that the appointment of the Immigration boss be made from the public service.
The subordinate court then agreed with the respondent’s submissions and described Kalumo’s appointment as illegal and unconstitutional.
The Attorney General’s application to stay Kalumo’s nullification was dismissed by the Supreme Court of Appeal early this year.
If the President is successful in his application, Kalumo, who was appointed to the position in 2022, might be reinstated.
In March this year, Chakwera appointed Macloud Kalindang’oma as acting Immigration Director General.
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