The Malawi Law Society (MLS) has been shocked with the decision by High Court Judge Zione Ntaba to suspend the arrest of Minister of Lands Kezzie Msukwa.
Msukwa was arrested last week by Anti-Corruption Bureau (ACB) on allegations of corruption in relation to how Zunneth Sattar acquired land.
A statement signed by Chairman Patrick Mpaka and Secretary Chrispin Ngunde said the court should not have granted the order stopping Msukwa’s arrest when it did not address the main application of permission for the leave of Judicial Review.
“Given that the Court has not decided the first question (that is, to grant or not to grant leave for judicial review), there appears to the Law Society no basis to deal with the conditional question of stay given that the Ruling records that Mr. Msukwa expressly asked for stay ‘if permission to apply for judicial review is granted’. And on that basis the Law Society is of the view that the Court should not have proceeded to grant the order of stay,” reads the statement.
Meanwhile, MLS has urged ACB to apply to Court to set aside the order or to review it and for the bureau to point out the apparent errors in the 1 January ruling so that the Bureau is able to carry out its mandate without any legal impediment
