Govt strips envoys of diplomatic status

Government has revoked the diplomatic status of its recalled envoys in Washington DC and Permanent Mission at the United Nations in New York.

Ministry of Foreign Affairs spokesperson Rejoice Shumba confirmed in an interview on Saturday that the ex-diplomats are there on their own.

This comes after the High Court in Lilongwe on Thursday dismissed an application for judicial review by the diplomats.

Nine US-based diplomats on January 14 2022 obtained an injunction restraining government from effecting its decision to recall them after it sent new appointees to represent Malawi at the two missions.

The court order effectively allowed the recalled diplomats, Ambassador Edward Sawerengera in Washington DC and eight others, to continue staying in the US

But delivering his ruling, High Court Judge Simeon Mdeza dismissed the application for permission to commence judicial review proceedings and the application for stay.

Attorney General (AG) Thabo Chakaka Nyirenda defended the matter while private practice lawyer Gilbert Khonyongwa represented the diplomats.

Ruled the judge after hearing arguments from both parties: “Accordingly, the interim order staying implementation of the defendant’s decision [Principal Secretary in the Ministry of Foreign Affairs] contained in his letter of 15th December 2021, that I made on 14th January 2022, is discharged.”

Mdeza said the court carefully studied and considered all the documents on record.

He said the court also listened to and considered the arguments advanced by lawyers from both parties.

The judge said: “Having done so, the court is satisfied that the claimants have not established adequate legal grounds for the granting of the relief sought. It is the court’s considered view that there seems to be no serious issue for further inquiry in judicial review proceedings.

“The only issue that is in contention being the safety of the claimants’ personal effects, if a proper record is maintained, may adequately be remedied by way of damages in case of partial or even total loss.”

The diplomats were first supposed to return to Malawi by December 31 2021, or have their diplomatic passports and status revoked.

Later Capital Hill changed the deadline to January 11 2022, but the diplomats did not comply.

Shumba on Saturday said following the court’s decision, government has revoked the diplomatic status of about 20 diplomats who refused to return home.

She explained that government’s decision to revoke diplomatic status is only directed at US diplomats, Sawerengera and eight others, who dragged it to court.

The ministry said the diplomats, after this decision, are living abroad at their cost.

“We recalled 70 diplomats and 50 have since returned. Those refusing to return used all sorts of excuses, including to have their goods shipped to Malawi first. But those who returned used the same system, returning first and their goods following them later,” she said.

She said even when diplomats are being sent out, they use the same system to send them first and their goods follow.

The AG told the court earlier that his fear was that taxpayers would continue paying for two sets of diplomats in the United States.

In an earlier interview with our sister paper, The Nation, the AG claimed that one diplomat he did not name was seeking $48 000 (about K40.8 million) to ship personal effects to Malawi, which he described as expensive.

“Paying for two sets is not a prudent way of using public resources, according to the Public Finance Management Act, and it’s very expensive to keep a diplomat in the US,” he said.

President Lazarus Chakwera appointed Judge Esme Chombo last year to take over from Sawerengera.

Sources at the embassy in Washington had indicated that Chombo was residing in a hotel as Sawerengera was still occupying the official house.

The situation was the same in New York as Agness Chimbiri, who is new Malawi Permanent Representative to the United Nations, was awaiting for Perks Ligoya to leave the official house.