By Chisomo Phiri
The Supreme Court of Appeal has denied a stay on the High Court’s judgment that nullified the appointment of Immigration Chief Brigadier General Charles Kalumo (retired).
This comes after Attorney General Thabo Chakaka Nyirenda applied for a stay, citing irregularities in the High Court’s judgment.
Deputy Chief Justice Lovemore Chikopa, sitting as a single judge, dismissed the application on July 11 last year.
Chikopa ruled that the Immigration and Citizenship Services would not be severely impacted by Kalumo’s absence and that no irreparable damage would be done to Kalumo or the Directorate of Immigration and Citizenship services if the stay was not granted.
The High Court’s initial verdict, delivered by Judge Mike Tembo on June 6, 2024, declared Kalumo’s appointment illegal and unconstitutional.
President Dr.Lazarus Chakwera had appointed Kalumo in August 2022.
Following Tembo’s refusal to grant a stay, Nyirenda appealed to the Supreme Court.
The High Court’s decision was prompted by a 2022 judicial review application filed by immigration officer Chikhulupiliro Zidana, who questioned the procedure Chakwera followed in appointing the retired soldier.
