The judicial review in which Clerk of Parliament is stopping government, President Joyce Banda and Director of Public Prosecutions (DPP) from prosecuting her in the magistrateâ€™s court and dismissing her from her job, failed to take place last week Tuesday.
The court will have to set another date.
This case is miscellaneous cause number 19 of 2012 involving Katopola on one hand and the State, the President of the Republic of Malawi and the director of public prosecutions on the other.
One of the government lawyers close to the case, Steve Kayuni, said in an interview that hearing of the case failed to take place on October 16 2012 because the judge was attending a funeral in Ntcheu.
â€œThis is a judicial review matter, the applicant applied for leave for judicial review and injunction stopping the State from prosecuting her in the magistrateâ€™s court and dismissing her from her job until the decision to prosecute and dismiss her is reviewed by the High Court.
â€œThe State applied for leave to discharge the injunction and judicial review and the matter was scheduled for hearing on Tuesday, October 16 2012 at 9 am before Justice Mbendera, SC.
â€œHowever, the matter could not take place as the honourable Judge was attending a funeral in Ntcheu. Therefore, the registrar of the High Court will have to set a new date for the hearing of the Stateâ€™s application,â€ said Kayuni.
This is the case in which Katopola, on July 24 2012, pleaded not guilty to two charges of abuse of office and failure to declare interest in award of contracts.
With the formal charge, it means that Katopola cannot return to work as she faces interdiction until the matter is completed, according to Malawi Public Service Regulations.
In June this year, President Joyce Banda refused to fire the CoP due to procedural issues.
The Parliamentary Service Commission (PSC), chaired by Speaker Henry Chimunthu Banda, on May 21 2012 recommended to the President that Katopola be dismissed, but did not state the reasons.
Katopola was arrested and questioned by police on charges they did not disclose at the time.
The stalling of this case coincides with another delay of Katopolaâ€™s case against the Parliamentary Service Commission over her employment because of change of lawyers and the court not setting new date.
Weekend Nation reported last week that the Katopola-PSC case is not making progress because Katopola has changed three lawyers so far. At first it was Yambani Mulemba, then Mercy Mulele and now Kalekeni Kaphale.