The Malawi Law society (MLS) has argued that the decision of Zomba High Court judge Zione Ntaba to suspend the arrest of Lands Minister Kezzie Msukwa was wrong.
Msukwa was arrested by Anti- corruption Bureau (ACB) at Partners in Hope hospital in Lilongwe, where he was receiving medication, on allegation that he is involved in corrupt practices and facilitated the illegal sale of land to a businessperson.
Msukwa applied for judicial review over the decision of ACB to arrest him while hospitalized.
He asked the Court that if permission to apply for judicial review is granted, an order of injunction or stay be granted suspending the decision of the Anti-Corruption Bureau to effect the arrest Msukwa under the warrant of arrest issued against him.
Ntaba yesterday rejected the application for judicial review but went on to suspend the arrest of Msukwa
According to a statement released today by MLS and signed by Patrick Mpaka and Chrispin Chimwemwe Ngunde, President and Secretary of MLS respectively, the suspension of the arrest is wrong considering that application for judicial review was not granted.
“The Law Society shares in the public concerns. Given that the Court has not decided the first question (i.e. to grant or not to grant leave for judicial review), there appears to the Law Society no basis to deal with the conditional question of stay given that the Ruling records that Mr Msukwa expressly asked for stay “if permission to apply for judicial review is granted”. And on that basis the Law Society is of the view that the Court should not have proceeded to grant the order of stay,” reads part of the MLS statement.
Meanwhile, MLS has urged ACB to apply to Court to set aside the order or to review it and for the bureau to point out the apparent errors in the 1 January ruling so that the Bureau is able to carry out its mandate without any legal impediment