The high court in Mzuzu has rebuffed Malawi government’s application to vacate an injunction restraining the swearing in of new Clerk of Parliament Fiona Kalemba saying that it must wait for judgment on the case.
After government appointed Kalemba, four legislators namely Kamlepo Kalua, Enock Chihana, Peter Chakwantha and Harry Mkandawire disapproved the idea by getting an injunction restraining the move.
The four, through their lawyer Wesley Mwafulirwa of Tenson associates, argued that the appointment was unlawful because Kalemba had failed the interviews conducted by the Parliamentary Service Commission.
They went on to claim that information they have indicates that Kalemba came third amongst the successful interviewees thus didn’t deserve the post.
However, government through the attorney general challenged the injunction on the basis that the applicants were not concerned parties in the affairs to do with the appointment of Kalemba.
Through lawyer Apoche Itimu, the state pressed the high court in Mzuzu to vacate the injunction and pave way for the swearing in of Kalemba.
On the other hand, defence lawyer Wesley Mwafulirwa said government’s argument on the issue was specious because the four applicants are very much concerned with any affair happening in the country or at Parliament.
In his ruling on Friday, Judge Dingiswayo Madise said he was unwilling to vacate the injunction.
He instead scheduled 15 December as the next day the case will be heard and said he will pass his judgment on 18th December.
This means that Kalemba will not be sworn in until the judgment is passed by the court.
The current government has always been blamed for its appointment criteria which some people feel is influenced by the spirit of nepotism and appeasement.