The case was brought to court by Chikhulupiloro Zidana, an employee of the department, who argues that the appointment is illegal.
Zidana contends that the appointment of the director general of the Department of Immigration falls under the jurisdiction of the Minister of Homeland Security as stipulated in Section 3 of the Immigration Act.
Additionally, Zidana argues that it was irrational and procedurally unfair for Chakwera to appoint someone who is not a member of the department or the public service in general, which goes against Section 3 of the Immigration Act.
Zidana also claims that the appointment is illegal as Kalumo is beyond the retirement age of 60, as promulgated under Section 29 of the Public Service Act.
However, the Attorney General argues that Zidana does not have sufficient interest to bring the case forward, given his grade level and lack of relevant experience for the position of Director General.
In response, Justice Tembo ruled that Zidana has standing before the court, considering his years of experience in the Department spanning over a decade, as well as holding a Bachelor of Laws (Honours) Degree.
The court has deemed Zidana’s application to have merit, and the issues he raised are fit for judicial review.
The Attorney General further contended that Zidana is raising issues of discrimination in the workplace and should have brought the case to the Industrial Relations Court instead of the High Court.
However, Justice Tembo has permitted Zidana’s application to proceed for judicial review.
The court has not suspended Kalumo’s appointment pending the hearing of the judicial review case.
Brigadier General Charles Kalumo was appointed in August 2022.