Zikhale N’goma: We are glad
High Court Judge Howard Pemba yesterday dismissed an application for a judicial review filed by businessmen who claimed to be Malawi nationals and wanted to stop the Ministry of Homeland Security from relocating them to Dzaleka Refugee Camp in Dowa District.
The applicants were also against the government’s intention to remove a shipping container from Mgona area in Lilongwe to National Police Headquarters in the administrative capital.
“I hereby order that permission to apply for judicial review and the interlocutory injunction, dated May 25 2023, that were granted in favour of the claimants be and are hereby discharged,” the court ruled.
The High Court further faulted the claimants for suing wrong parties.
The judgement comes at a time the government is in the process of enforcing its notice to relocate all refugees and asylum seekers in Malawi to Dzaleka.
Meanwhile, Homeland Security Minister Ken Zikhale Ng’oma has said he is elated with the development.
He said the government will now proceed with its plans.
“We are glad that the court has agreed with us. The operation is on the move and still ongoing until we get to the bottom of the challenge of illegal immigrants,” Zikhale Ng’oma said.
Last week, Secretary for Homeland Security (Legal) Steve Kayuni told the court that law enforcement agencies had impounded 134 shipping containers, most of which belong to the refugees and asylum seekers.
He further said few of the containers belong to Malawians.
“The containers were being used for criminal offences and that most of the owners’ tax returns were not being followed, hence the government’s decision to impound the containers,” Kayuni said.
But lawyer representing the businessmen, Khumbo Soko, pleaded with the court not to grant the State its wishes, saying the few people he is representing are Malawians who have all the necessary documents for operating their businesses in Malawi
“These shipping containers are where they are operating their business. The containers are neither for refugees nor asylums seekers. They are for Malawians. The operation does not concern government. Disrupting their business is a violation of human rights,” Soko said.
According to a court document, Mgona and Senti locations in Lilongwe are dominated by foreigners, including refugees and asylum seekers.
“It is the only township that does not sleep or sleeps little. It is one of the areas in Malawi that has the highest number of refugees and asylum seekers in Malawi,” the document reads.
It further said foreigners, especially refugees and asylum seekers, conduct their businesses in shipping containers that are parked at designated places.
