The High Court of Malawi sitting at Lilongwe has granted an order restraining the president of the country from giving effect to his purported decision to send the Chief Justice of the Country on leave pending his retirement.

The Application was jointly filed by the Human Rights Defenders coalition Ltd and Association of Magistrates in Malawi as 1st and 2nd Applicants respectively. Respondents in the suit are President of the Republic of Malawi and Secretary to the Cabinet (also styled as Chief Secretary to the Government)

The Application was filed seeking among others an order for leave to commence judicial review against the decision of the government to send the Chief Justice of the country on leave.

The court ordered as as follows:

“THAT permission to commence judicial review of the Government’s decision and acts as more particularized in the Statement of Grounds for Review set out properly and filed with the application for permission be and is hereby granted;

2.THAT the Second Respondent discloses and permits the Applicant through its legal practitioners and allow them to take copies of all correspondence between his office and the Honourable the Chief Justice and any other Justice of Appeal regarding leave days and retirement within two days of service of the Order;

3. THAT the hearing of the Judicial Review be expedited;

4.THAT the Government’s decision and acts complained of be and are hereby stayed and that an order be and is hereby issued restraining the Respondents by themselves, their agents, or whomsoever they may act from taking any further steps to implement the impugned decision pending determination of this Judicial Review.”

The order was also accompanied with consequence of disobeying the order titled “PENAL NOTICE”. It reads:

” if you the Respondents disobey this order you may be found guilty of contempt of court and may be sent to prison or fined or have your assets may be seized.”

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