The High Court of Malawi in Blantyre has lifted an order which the same court granted, staying city and municipal councils from conducting elections to elect mayors and deputy mayors pending a judicial review.
The lifting of the earlier order follows an application without notice by secretary to the Ministry of Local Government, Unity and Culture and five councilors to discharge the order for stay. The councilors are Joseph Makwinja and Gerald Lipikwe both from Blantyre, Christopher Jana and Anthony Gonani both from Zomba as well as Esther Sagawa from Lilongwe.
Among others, the six through their lawyer Chancy Gondwe noted that the order created a gap in the operations of the councils saying the current chairpersons’ terms expired as there is not automatic extension.
But in the order issued yesterday in the chamber, High Court Judge Allan Muhome discharged without notice the order for the stay that was also granted by him without notice.
He directed the five councilors to file an application for the discharge of the order within seven days from yesterday.
“The hearing of the application to discharge the order for leave for judicial review shall be held on the 2nd day of July 2024 at 3 o’clock in the afternoon in the chamber.” reads the order in part.
In an interview yesterday, Gondwe said the order means that councils can proceed to conduct elections for mayors and their deputies.
According to the initial council election schedule, Mzuzu, Lilongwe and Zomba city councils were expected to conduct the elections today.
Last week, four mayors and their deputies through Ritz Attorneys at Law, filed an application staying to conduct elections two months after the Ministry of Local Government, Unity and Culture issued a circular instructing local councils to conduct the elections.
The complainants include Lilongwe City Mayor Richard Banda, Blantyre Deputy Mayor Funny Balaba Kanojerera, Zomba Mayor Davie Maunde and Kasungu Municipal Mayor Heese Mclean Nyangu.
The elections were called following the expiry of their two and a half years tenure. However, the four argue that the ministry does not have powers to sanction elections.
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