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Justice Dunstan Mwaungulu of the Supreme Court of Appeal is today set to deliver his ruling in the appeal case where the state wants the court to vacate the injunction restraining Minister of Agriculture, Irrigation and Water Development Dr. George Chaponda from discharging his duties until the commission of inquiry releases its finds on maize-gate scandal.
Justice Chirwa, sitting at the High Court in Mzuzu late last month sustained and ordered for a leave for judicial review of President Peter Mutharika’s decision not to suspend George Chaponda amid a probe into the Zambia maize.
On Wednesday, Justice Mwaungulu upheld his ruling on the case and set today Friday (4pm) as the day he is going to deliver his ruling on the matter.
Before adjourning the case, Justice Mwaungulu pointed out some errors in the application from the state led by Attorney General Kalekeni Kaphale as well as that of the Civil Society Organisations (CSOs).
Mwaungulu said he found the documents presented before him riddled with manifest and banal mistakes and that the High Court might have overlooked some of the inconsistencies.
“You asked the President to resign and not the minister according to the documents before this court,” noted Justice Mwaungulu.
“What was sought and what was granted are different,” he stated.
Lawyer for the CSOs, Wesley Mwafulirwa of John Tennyson and Associates said indeed there were mistakes but asked the court to disregard them, saying appropriate amendments should be made.
