Madonna to launch appeal as she battles for Mercy

As charities condemn adoption move, lawyer tells IoS he will launch application tomorrow because singer is determined to win

The singer had filed a petition to adopt three-year-old Chifundo "Mercy" James, but was turned down because she had not been resident in the country for the minimum 18 months. Mr Chinula told The Independent on Sunday that he had been "very surprised" by Friday's High Court ruling and that he believed the pop star had "high chances" of winning the case on appeal. "That is why I'm appealing," Mr Chinula said. "It's like going into battle. I think we've got very high chances, otherwise I wouldn't be launching it."

The singer, who is expected to leave Africa today, will not need to be present for the appeal proceedings. Mr Chinula said he expected an outcome "within weeks". Before Friday's ruling, the Malawian government had expressed its support for the adoption application, but Mr Chinula said this would have no bearing on the appeal.

Malawian children's rights activists said yesterday that Friday's decision was "the best for the child and the best for the nation", and that they would fight any appeal made by the singer.

Ken Williams Mhango, director of the Malawi branch of the African Network for the Prevention and Protection against Child Abuse and Neglect, said: "Definitely we would fight any appeal ... Madonna has tried to bulldoze the law because of her financial status."

Friday's ruling by Judge Esmie Chombo – a different judge from the one who oversaw Madonna's adoption of David Banda – was designed to safeguard the country's adoption law. If it is overturned on appeal, it will present serious questions about the country's legal ability to protect children in the future. The ruling has also raised questions over whether laws stipulating adoptive parents need to be resident for at least a year and a half were breached in David's case.

"Even Madonna is now aware that the first child she adopted was wrong," said Mr Mhango. "The laws were overlooked. Everybody was overtaken by the excitement of Madonna being in Malawi last time, but now they're being more sensible. Nobody can just jet in and say, 'This is the child I pick'."

Undule Mwakasungula, of Malawi's Human Rights Consultative Committee, said concern continued over the singer's attitude to adoption. "Malawi is not a hunting ground for children. Because of her money and profile, she's pushing this matter and making us jump the procedures, which is worrisome because we need respect for the rule of law."