Recalled diplomats from the Malawi Embassy in Washington DC, and Permanent Mission at the United Nations in New York, have obtained an injunction restraining government from effecting recalls.
Lawyer for the diplomats Gilbert Khonyongwa said High Court Judge Simon Mdeza on Friday January 14, gave them a stay pending a ruling on whether to grant leave for judicial review or not.
The diplomats were first supposed to return to Malawi by December 31 2021, or have their diplomatic passports and status revoked, but Capital Hill later changed to January 11 2022, which has not happened.
While stating that the stay order is temporary, Attorney General (AG) Thabo Chakaka Nyirenda on Sunday decried the development as taxpayers will continue paying for two sets of diplomats in the United States.
He wondered why some diplomats were clinging on to foreign offices, while others like from Tanzania, Kenya, and South Africa returned long time ago.
Chakaka Nyirenda claimed that one diplomat whom he did not disclose is seeking $48 000 (about K40.8 million) to ship personal effects to Malawi, which he said is very expensive.
The AG said: “We attended court, and we presented these facts and how the taxpayers will be required to pay for two sets of diplomats.
“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.”
The diplomats, led by Ambassador Edward Sawerengera at the Washington DC Malawi Embassy, demand that their personal effects be loaded into containers and transported straight to the shipping vessel in readiness for departure.
Reads the order in part: “Upon hearing Counsel for the Applicant, and upon reading the sworn statement of Gilbert Khonyongwa, it is hereby ordered and directed that all implementation of the Respondent [State] decisions contained in his letter dated 15th December 2021 to the Applicant and his representatives, is stayed pending the hearing and determination of the application for judicial review application herein, or until further order of the Court.”
Khonyongwa, representing Sawerengera and other diplomats in the Judicial Review Case Number 3 of 2022, said the decision means his clients will remain abroad.
He said: “The judge gave the stay pending a ruling whether to grant leave for judicial review or not. The position of the defendant was that the application be dismissed.
“The court ruled in favour of claimants and granted a stay of the decision to repatriate them. On the application for permission to commence judicial review, the court has reserved its ruling.”
Last year, President Lazarus Chakwera appointed Judge Esme Chombo to take over from Sawerengera.
Sources at the embassy in Washington indicate that Chombo is residing in a hotel, as Sawerengera is still occupying the house.
While in New York, the situation is the same as Agness Chimbiri, who is new Malawi Permanent Representative to the United Nations awaits Dr Perks Ligoya, whose tour of duty expired, to return to Malawi.
In an earlier interview, Ministry of Foreign Affairs spokesperson Rejoice Shumba said government will ensure that the diplomats return this month.
