Law and order Malawi

Malawi Supreme Court Judge vacates injunction against agriculture minister George Chaponda, the high court erred

George Chaponda

In January this year, the Mzuzu high court judge John Chirwa suspended Chaponda from his ministerial position in order to pave way for investigations into the Zambia maize-gate issue carried out by the established presidential commission of inquiry.

This followed a complaint lodged by the Civil Society Organizations that the investigations may be jeopardized if Chaponda continue carrying out his ministerial duties.

The Civil Society Organizations argued that some of the officials in the established inquiry were juniors to Chaponda hence it will be difficult to operate their mandated duties freely, fairly and impartially.

However, the Attorney General Kalekeni Kaphale through his representative lawyer Dick Chimowa challenged the high court judgement arguing that the High Court erred.

In his two hours ruling, Mwaungulu said the Mzuzu high court judge John Chirwa erred in suspending Chaponda because the affidavits were not consistent with the law.

Mwaungulu further argued that there is no law requiring someone to resign or be suspended especially when he or she is under investigation.

The supreme court judge also said that the injunction against Chaponda could not have been given to the Civil Society Organizations because there was no basis.

According to the lawyer representing the Attorney General Dick Chimowa, the Friday supreme court ruling allows the agriculture minister to resume his ministerial duties.

In his remarks, lawyer for the defense Wesley Mwafulirwa said he will discuss with his clients on the way forward.