Supreme Court suspends ruling on MDF generals
The Malawi Supreme Court of Appeal has suspended enforcement of a High Court of Malawi judgement that nullified redeployment of five senior Malawi Defence Force (MDF) officers to the civil service pending determination of appeal. A nine-judge panel of the Supreme Court led by Chief Justice Rizine Mzikamanda made the decision in Blantyre yesterday following … The post Supreme Court suspends ruling on MDF generals appeared first on Nation Online.
Black News 
The Malawi Supreme Court of Appeal has suspended enforcement of a High Court of Malawi judgement that nullified redeployment of five senior Malawi Defence Force (MDF) officers to the civil service pending determination of appeal.
A nine-judge panel of the Supreme Court led by Chief Justice Rizine Mzikamanda made the decision in Blantyre yesterday following Attorney General Frank Mbeta’s application.
| Mathews Kasanda
Earlier yesterday, the court gave both parties 15 minutes each to make oral submissions.
Reading the determination after an hour’s adjournment, Deputy Chief Justice Lovemore Chikopa said the panel was satisfied that the matter concerns the administration of a peculiar public institution.
“We are further satisfied that any prejudice to be occasioned to the correspondents [the generals] is outweighed by the need to preserve a position of final determination of the appeal,” he said.
Besides Mzikamanda and Chikopa, the panel also comprised Justices of Appeal Dorothy NyaKaunda Kamanga, Healey Potani, Dingiswayo Madise, Mankhambira Charles Mkandawire, Frank Kapanda, Sylvester Kalembera and Rowland Mbvundula.
In his submissions, Mbeta said the positions previously held by the officers were already filled following their redeployment and that reinstating them would disrupt the military hierarchy.
But lawyer representing the five officers, Allan Chinula, opposed the application, arguing that the government had already failed to comply with the High Court judgement and was, therefore, approaching the court with “unclean hands”.
The court has since ordered that the appeal be heard on an expedited basis and that the parties to the case appear before the Registrar of the Supreme Court for directions in 14 days.
The officers are Major Generals Blessings Kakhuta Banda, Chikunkha Soko, Saiford Kalisha and Swithan Mchungula, as well as Brigadier General Harold Dzoole. Nyirenda described the move as illegal and unconstitutional.
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