The Malawi Law Society (MLS) has been accused of forum shopping in a case in which it was successfully granted a judicial review order and an interlocutory injunction against the interdiction of the Anti-Corruption Bureau (ACB) Director Martha Chizuma.
When applying for an instant order to stay the injunction pending an application to dismiss the judicial review, private practicing lawyer Chancy Gondwe who is reprenting the State argued that it was wrong for MLS to commence judicial review proceedings at the Principal Registry when the matter was before the Lilongwe Registry.
“The commencement of the judicial review proceedings at the Principal Registry when the matter could have been brought before the Lilongwe Registry where the criminal charges are before the Chief Resident Magistrate Court at Lilongwe is tantamount to forum shopping and as such, it would be appropriate that the present proceedings be stayed and transferred to the appropriate forum.
“The fact that this matter is being prosecuted on a pro-bono basis on the part of MLS is not a ground for commencing this matter in Blantyre rather than in Lilongwe and is likely to be interpreted as forum shopping on the part of the claimant,” reads part of the arguments which are contained in a ruling delivered on Wednesday by High Court Judge Mike Tembo.
Further, Gondwe said MLS made it’s position even worse considering that it is pursuing a matter in which it has not demonstrated any injury or has not suffered any harm apart from parroting the ‘public interest’ defence.
“The issue of forum shopping has once again manifested in this matter and this Court should strongly condemn such conduct on the part of the claimant as it sets a very dangerous precedent for it’s members,” he argued
In his ruling, Justice Tembo reserved his comments on the question of forum shopping.
He said the issue does not form the basis of the application and only appeared in the arguments.
“Except to say that MLS lawyers are based in Blantyre and for that reason when this Court exercised its mind to the issue it did not find it untoward that MLS decided to file this matter in Blantyre which would be more convenient to it as a claimant in the circumstances,” reads part of the ruling dated February 8, 2023.
