By Wezzie Gausi:
The Industrial Relations Court (IRC) in Blantyre has discharged an interim order barring the government from recalling former Malawi Ambassador to Kuwait Younos Abdul Karim, following an application by the Attorney General.
IRC Deputy Chairperson Tamanda Nyimba made the decision yesterday after hearing arguments from both parties, setting aside the order that had temporarily stopped the Ministry of Foreign Affairs the Chief Secretary to the Office of the President and Cabinet from implementing the recall.
Karim obtained the interim order on September 25, 2026, after challenging the government’s decision to recall him, pending determination of his substantive claim.
However, Attorney General Frank Mbeta challenged the order, arguing that Karim had been appointed as an ambassador-designate but had not been confirmed by Parliament’s Public Appointments Committee (Pac).
“Our argument before the court was that Mr Karim was appointed as an ambassador-designate, subject to confirmation by Pac, in accordance with Section 190 of the Constitution.
“However, he was never confirmed by the committee and, therefore, could not enjoy the same rights as a duly confirmed ambassador,” Mbeta said.
He argued that the appointment and recall of ambassadors fall within the President’s prerogative powers and are not justiciable.
He also submitted that Karim’s claims could be quantified in monetary terms and that the government could pay damages if the court eventually ruled in his favour.
The discharge of the interim order allows the government to proceed with Karim’s recall. However, it does not determine his substantive claim, which remains pending.