Malawi Law Society Condemns ‘DPP’s Orchestrated Ambush’ on Chief Justice Andrew Nyireda
Malawi Law Society (MLS) has accused the President Peter Mutharika-led administration of its persistent attempts to undermine the independence of the Judiciary by dubiously advising Chief Justice Andrew Nyirenda to go on leave pending retirement.
On Friday 12 June, 2020, the Chief Secretary to the government, Lloyd Muhara, issued a public notice which stated that the Chief Justice would proceed on leave pending retirement with immediate effect as he has accumulated more leave days than the remainder of his working days to retirement date.
However, the notice has not gone down well with legal scholars who have described it as unconstitutional and an attempt to circumvent the Judiciary by the ruling Democratic Progressive Party (DPP) gurus in the face of Fresh Presidential Election slated for June 23, 2020.
In a statement released on Saturday signed by Burton Chigo Mhango, Chairman and Martha Ettah Kaukonde, Secretary, the Malawi Law Society has said that the notice by the Chief Secretary has undesirable implications on the functions of and independence of the Judiciary, and its apparent affront to Constitutionalism.
“THE LAW SOCIETY now and hereby:- EXPRESS strongest disapproval and condemns the manner and form the executive arm of the government has issued such a notice and/or purpoting to send the Chief Justice on leave pending retirement hot on the heels of the Supreme Court decision in the election case,” reads the statement.
The Law Society has further called upon the executive arm of government, headed by President Peter Mutharika, to respect the constitutional order and independence of Judiciary as protected by the Constitution in the manner of appointment and tenure of the Chief Justice and other Justices of the Supreme Court and High Court.
The lawyers’ body says government must refrain from any attempts whatsoever to fire judges and compromise the independence of the Judiciary.
Meanwhile, legal experts have also faulted the government for its announcement on the Chief Justice, Andrew Nyirenda’s retirement, saying it is within the jurisdiction of the Judicial Service Commission (JSC) to make such an announcement and not the Executive arm of the government.
The two legal heavyweights, Dr. Sunduzwayo Madise of the University of Malawi’s Chancellor College and Professor Danwood Chirwa, a Malawian legal scholar based in South Africa, have, in separate editions, argued that the notice that the Chief Secretary to the government Lloyd Muhara issued that the Chief Justice will be retiring with immediate effect, was not only out of order but also unconstitutional.
“First of all, let me say I am surprised that the Chief Justice is not a mainstream civil servant like those working at Capital Hill, he is employed by the judicial service commission. Secondly, the public notice by the Chief Secretary to the government is not clear as to when the Chief Justice is retiring. Of course, it is mentioning leave days, but it has not said how many days. And it is not clear whether the Chief Justice will be retiring out of will or pressure.
“If it is out will, then no problem, but if he is forced to retire, then there is a big problem because leave days are not accumulated Willy nilly; there are labour laws which ought to be followed. And so this announcement is surprising as the Chief Justice is a head of judiciary which is another arm of the government,” said Dr. Madise.
The issue comes hot on the heels of the Supreme Court decision in the election case, which President Mutharika is still denying to accept.
