Malawi Government’s Impunity in Appointments Challenged by Court Ruling

In a landmark ruling, the Malawi High Court has declared the appointment of Brigadier General Charles Kalumo (Retired) who was the Director General of the Department of Immigration until today to be illegal and unconstitutional.

The ruling comes after a legal challenge was brought against the government for failing to adhere to the Constitution and relevant laws in making the appointment of the retired Malawi Defense Force officer.

The court found that the government’s decision to appoint Kalumo was non-consequential and of no effect, as it did not follow the proper procedures outlined in the Constitution and Acts of Parliament, to this effect the Minister of Homeland Security was also ordered to consider filling the position of Director General of Immigration and Citizenship Services in accordance with the law.

As a result of the ruling, he has been ordered to immediately cease holding the position of Director General of Immigration and Citizenship Services while the claimant in the case is awarded costs for the successful judicial review application.

The ruling further highlights the importance of upholding the rule of law and ensuring that government officials are held accountable for their actions as it also serves as a reminder to the Malawi government that impunity will not be tolerated when it comes to appointments and decisions that impact the legal system.

The court’s decision was made in open court at Blantyre on June 6, 2024, by Judge M.A. Tembo whose ruling is seen as a victory for justice and the protection of constitutional rights in Malawi.