Feb 13 • 07:23 UTC 🌍 Africa AllAfrica

Malawi: 'Illegal, Unreasonable and Null' - High Court Judge Kenyatta Nyirenda Destroys Justin Said's Decisions

High Court Judge Kenyatta Nyirenda ruled that Chief Secretary Justin Said acted illegally and beyond his powers, rendering his decisions void.

In a landmark ruling that has caused significant unrest in Malawi's political arena, High Court Judge Kenyatta Nyirenda condemned Chief Secretary Justin Said's decisions as illegal and beyond the scope of his authority. The case was initiated by Major General Francis Blessings Kakhuta Banda and several others who contested Said's actions, which involved the deployment of public officers to State-Owned Enterprises. The court firmly established that Said had overstepped his legal boundaries.

Justice Nyirenda's verdict delivered a critical lesson on the principles of administrative law, notably the concept of 'ultra vires', which indicates actions taken beyond one's legal authority. The judge articulated that such actions are legally recognized as nullities, meaning they possess no effect or validity. This declaration serves to reinforce the importance of adhering to the legal framework guiding public officials and their decisions in Malawi.

The implications of this ruling extend beyond the individuals involved; it sends a clear message about the necessity for accountability and lawful governance in Malawi. If public officials, such as the Chief Secretary, operate without respect for their legal limits, it undermines public trust and the integrity of governmental institutions. This case could potentially influence how future legal challenges against governmental decisions are approached in Malawi, promoting adherence to the rule of law.

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