ZOMBA-(MaraviPost)-The Zomba based judge, Justice Zione Ntaba, on Saturday, January 1, 2022, suspended the arrest of Minister of Lands, Housing and Urban Development, Kezzie Msukwa, following the his application for judicial review due to Anti-Corruption Bureau’s failure to correctly appreciate and discharge its constitutional, statutory and administrative law duties in relation to the warrant of arrest it recently issued for the minister.
According to a court order which Maravi Post has seen, the applied judicial review will be heard in Lilongwe, where Msukwa lives and was arrested, in under seven days.
“Court’s considered opinion that the Claimant’s assertions regarding the Defendant’s conduct and motive were correct. The Defendant and her agent’s conduct are to a degree unconscionable and unreasonable but more so meant to just cause embarrassment to the Claimant especially in the execution of the warrant of arrest.
“The Defendant and her agents have known since the issuance of the warrant of arrest as to where the Claimant was in Malawi. The Defendant in executing the warrant on 31st December, 2021 decided to do so whilst he was on a hospital bed and in the process violating his right to privacy, jeopardized his health to mention a few.
“These are issues which court should grown upon. This is more so especially where the public office or officer doing so is one constitutionally mandated to uphold the rule of law,” reads the order in part.
However, the decision was granted ex parte, that is without the Anti-Corruption Bureau (ACB) being heard. ACB is yet to respond to the determination so far made by the court.
On Wednesday, the Bureau obtained a warrant of arrest for the minister for allegedly corruptly benefiting from the sale of land in Lilongwe.