Judge Mike Tembo has dismissed an application by fellow Judge Michael Mtambo, who sued President Lazarus Chakwera and Judicial Service Commission for omitting him in the appointment of Justices of the Supreme of Appeal.
Mtambo argues that he was left out because the appointing authorities wanted to balance the appointees in terms of age, sex and regions of origin, which he said was unconstitutional and a departure from the normal practice.
But in his judgement dated July 15, 2022, Judge Mike Tembo said the application is based on unsubstantiated claims of existing practices and facts.
President Lazarus Chakwera promoted four Judges namely; Dingiswayo Madise, Rowland Mvundula, Dorothy Kamanga and Sylvester Kalembera.
The four are now serving as Justices of Supreme Court of Malawi.