Judge Michael Mtambo dragged President Lazarus Chakwera and the Judicial Service Commission to court after he was overlooked for appointment as Justice of the Supreme of Appeal last month.
However, Judge Mike Tembo has dismissed Mtambo’s application.
Chakwera last month promoted four High Court of Malawi judges to justices of appeal in the Malawi Supreme Court of Appeal on the recommendation of the Judicial Service Commission.
The four are Sylvester Kalembera, Dingiswayo Madise, Rowland Mbvundula and Dorothy NyaKaunda Kamanga.
Mtambo argued that he was not promoted because the appointing authorities wanted to balance the appointees in terms of age, sex and regions of origin, which he said was unconstitutional and a departure from the normal practice.
However, in a judgement dated July -15, 2022, Judge Mike Tembo said the application is based on unsubstantiated claims of existing practices and facts.
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