In a legal drama with far-reaching implications for presidential powers and public service integrity, a full bench of the Malawi Supreme Court of Appeal on Tuesday heard a high-stakes appeal from the State, seeking to rescue the controversial appointment of Brigadier (Retired) Charles Kalumo as Director General of the Department of Immigration and Citizenship Services.
The case--sparked by an explosive judicial review initiated by senior immigration officer Mr. Chikhulupiliro Zidana--already rocked State House when the High Court ruled earlier that Kalumo's appointment by President Lazarus Chakwera in August 2022 was unlawful.
Now, Attorney General Thabo Chakaka-Nyirenda (SC), flanked by top government lawyers Francis MacJessie and Ndoli Chiume, is fighting tooth and nail to reverse the damning verdict. Their appeal aims to restore Kalumo's legitimacy--and by extension, the executive's authority to make senior appointments without running afoul of the law.
Representing Zidana, prominent private practice lawyer John Kalampa maintained that the rule of law must take precedence over political expediency.
The Supreme Court's rare nine-member panel, which includes Chief Justice Rizine Mzikamanda and Deputy Chief Justice Lovemore Chikopa, has reserved judgment, sending ripples through Malawi's legal and political circles.
What's at stake?
At the heart of the case is a bold question: Can a presidential appointment stand if it bypasses proper legal and procedural channels? The High Court said no. Now, the Supreme Court must decide whether that decision undermines presidential discretion--or enforces critical checks and balances in public appointments.
If the appeal fails, it could set a powerful precedent restricting how future presidents exercise their hiring powers. If the ruling is overturned, it may cement a controversial path where procedure plays second fiddle to executive prerogative.
Either way, the ruling--when it comes--will shape the landscape of public sector governance and redefine how far the presidency can go without being checked by the courts.
One thing is clear: This isn't just a fight over a job. It's a fight over how Malawi defines accountability, power, and the rule of law in a democratic age.
