Attorney General to challenge DCs’ transfer stay order

The Executive is hinting on challenging the Supreme Court of Appeal’s decision staying the transfers of some district commissioners pending further determination.

It follows the successful application by the Malawi Local Government Association (MALGA) for stay of execution of High Court Judge Jean Kaira’s ruling, which was made last November.

MALGA is contesting the lower court’s ruling, describing it as erroneous.

Meanwhile, Attorney General Thabo Chakaka Nyirenda argues that the stay is just academic, since the transfers which are being protested were already effected.

“The transfers have already taken place and the DCs have taken up the new posts. This means the stay is as good as no stay at all, since the decision which the appellants want to be implemented has already been implemented,” argued the government chief legal advisor.

The AG argues that they had not put in the documents as required because the complainants had not told them that they were supposed to do so within the prescribed days.

In November last year, High Court Judge Kaira threw out MALGA’s application to stop the transfers and redeployment of the DCs, arguing the body had no sufficient interest to maintain the application for the judicial review.

The DCs under protest are from Karonga, Nkhatabay, Dedza, Ntchisi, Nsanje, Chikwawa, Blantyre, Neno, Mwanza and Mangochi.

There are also two chief executive officers from municipal councils of Luchenza and Kasungu.