Chiefs have no legal mandate to call for sacking – Malawi Judiciary

Striking judiciary workers who have defied calls by government to go back to work demanding a 45 percent pay raise – similar to that given to other civil servants- have rubbished calls by chiefs that President Peter Mutharika should sack them without compensation.

Some of the striking support staff captured  at the High Court in Blantyre

Some of the striking support staff captured at the High Court in Blantyre

Chiefs marching after getting hefty "allowances"

Chiefs marching after getting hefty “allowances”

Court employees have been striking since November 11, 2014 and has the strike has shut down court causing jails to overflow.

Traditional leaders from across the country mobilised and funded by the state machinery, led by paramount chiefs, petitioned President Mutharika to fire striking public service employees.

Judiciary spokesperson Mlenga Mvula said the traditional leaders including  Paramount Chief Kyungu of Karonga, Paramount Chief Lundu of Chikwawa, Inkosi ya Makosi M’Mbelwa V of the Jere Ngoni in Mzimba and representatives of Inkosi ya Makosi Gomani V of the Maseko Ngoni in Ntcheu,  have no legal mandate to call on government to fire them.

Said Mvula: “They [chiefs] have no legal  mandate to call for our dismissal. I am sure they made that call out of ignorance because they do not know why we are on strike. We are calling upon government to tell the chiefs why we are on strike.”

A spokesperson for the judiciary workers, Linley Herbert, said they have put their foot down on their demand for improved pay package and that they will not be intimidated by the state, saying  “if the government wrote us officially about something tangible, maybe as of now we couldn’t have been outside just sitting like this.”

The executive director for the Center for Human Rights and Rehabilitation, Timothy Mtambo, told a news conference that by failing to resolve the judicial strike, the government is compromising democracy.

“If the judiciary is paralyzed, which means an arm of government is paralyzed, and if an arm of government is paralyzed, we cannot talk of democracy because the primary responsibility [of the judiciary] is to make sure that there is access to justice and legal remedies. And that is totally shut down. So we are challenging the government that it’s only [a] dictatorship type of government that allows such things to happen,” said Mtambo.

In recent months, there have been strikes by Judiciary support staff, the Anti-Corruption Bureau (ACB) employees and University of Malawi (Unima) support staff demanding improved packages.

President Mutharika said in his recent state of the nation address that his government will not meet the strikers’ demands because of financial constraints..

“There is just no money to increase their salary scales,” he said.

Mutharika said his administration is implementing a salary harmonization policy, which seeks to ensure that all government workers of equal grades receive equal salary, regardless of their departments.

 

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51 thoughts on “Chiefs have no legal mandate to call for sacking – Malawi Judiciary”

  1. Bwantasa Gomdwe says:

    Alomwe ndiwodzikonda. Peter failed to resolve the impasse at chanco wen he was minister of education. Shudu we expect he wil deal with this one. Our suspects wil rite in jail. Where is the human rights and lawyership.

  2. A MPINGO says:

    NZOWOONADI TAKHULUPILIRA ZOTI NDI MAFUMU OMWEWA OMWE ANKAGULITSA WANTHU WAWO NTHAWI YA UKAPORO ( SLAVE TRADE )

    ZA MANYAZI ZEDI

  3. Ndigida says:

    No Government in Malawi has been praised by the opposition even UDF felt this, DPP felt it PP felt it now it’s current DPP. Am now 89 years old and what is happening now happened during atsamunda because some Malawians hated azungu while others favoured them, But verily verily I say to you that: As long as some of God’s children are suffering in the country there is no peace in the world.

  4. Achimidzimidzi says:

    Well done Judiciary staff, Don’t listen any advice.Prolong the fight until you win. Your grievances are between you and your employer. Let your employers do their part. If they decide to dismiss you, you be paid. So that who will replace you spend months without pay.

  5. concerned citizen says:

    Shame on our chiefs!

  6. Kenkkk says:

    I really feel sorry for this. Chiefs being used by this corrupt dpp govt. Yes just get the nac money they are giving you but we alll know you have no influence on the peoples democratic rights.

  7. Mlauzi says:

    Mafumu. mafumu, mafumu. Ndi nduwira zanuzo, kulowelera zinthu zoti simukuzidziwa ndiponso simukuzimvetsa. Za chisoni. Umbulidi ndi matenda. Kodi sizimatentha zomwe mumavalazo? How can you walk such a long distance mutavala zotenthazo? You are made to parade and look like fools for a small amount of money. Nalonso bomali liri highly corrupt and needs to be impeached. First they bribe journos and give them beers in a move that backfired. Now they are bribing these uneducated fools to walk for a cause they hardly understand

  8. I think its not chieves who have crossed their boundary of power but the DPP leardership is so savegish to mislead them and thalk zinthu za umbuli ngati zimenezi.Chieves just concentrate on promoting our cultures like ndagala,gulewamkulu,beni,vimbuza,zinamwali etc awa alephera afuna inunso mukhale nawo olephera

  9. Make Chulu says:

    “A Chakwamba! pa 17 may 1973, ndamene anapenya makofi mafumu okwana 15 ku Mzuzu.” Bakili Muluzi. Nkhani zake zinali ngati izi. kulowelera zosawakhudza.

  10. Rudolf Phiri says:

    THIS IS WHY WE ARE SUPPOSED TO VET OUR POLITICIANS BEFORE WE ELECT THEM. WHENEVER CHALLENGED THIS WAY, PETER MUTHARIKA COILS AND HIDES IN HIS SHELL LIKE A TORTOISE. IT HAPPENED WHEN HE WAS EDUCATION MINISTER UNDER HIS BROTHER`S PRESIDENCY. STUDENTS AND LECTURERS STRIKED FOR MONTHS AND THERE WAS NO WORD FROM HIM AS THE LINE MINISTER. WHEN THERE WAS THE MESS IN FOREIGN AFFAIRS WHEN HIS BROTHER CHASED THE BRITISH HIGH COMMISSIONER.
    SOME OF US SAID KUTI IF HE COULDNT HACK IT AS A MINISTER, HOW WILL HE DO IT AS A PRESIDENT WHEN THE BUCK STOPS WITH HIM? NDIZIMENEZI. PEOPLE WERE IMPRESSED WITH THE CONVOY OF PRADOS BOUGHT FROM THE STOLEN MONEY ( k61 BN ANABA BINGU IJA WHICH WE HAVE COMPLETELY STOPPED TALKING ABOUT BY THE WAY), AND THE BRIBES HE PAID PEOPLE TO HELP HIM MANIPULATE THE ELECTIONS.

    WELL THERE COMES THE TIME WHEN YOU HAVE TO PROVIDE LEADERSHIP AS A PRESIDENT, AND YOU CANNOT FUMBLE YOUR WAY THROUGH THAT ONE, YOU NEED TO STICK YOUR HEAD OUT AND LEAD FROM THE FRONT. YOU CANT RUN AWAY AND HIDE IN THE USA AS HE USED TO DO AS MINISTER. THE RESULT IS, CLOSING DOWN OFFICES; USING CHIEFS, PASTORS AND SOON COUNTER DEMONSTRATIONS, WITHOUT OFFERING ANY SOLUTIONS, ZERO LEADERSHIP!! YOU CANT TELL EVERYONE THAT GOVERNMENT HAS NO MONEY WHEN YOU AND MPS ARE GIVING YOURSELVES HEFTY INCREMENTS. MALAWI IS IN SO MUCH TROUBLE!!

  11. A MPINGO says:

    OLEMBA NTCHITO NDI OLEMBEDWA NTCHITO DZICHEPETSENI PANGANI CHINTHU CHIMODZI OSATI NTHABWALAZI CHONDE CHONDE

  12. Aferazao says:

    Malawian chiefs are stupid and greedy. Politicians find it easy target to use chiefs and vendors to fight for them. The so many millions APM spent on chiefs and Blantyre vendors could have bought drags in hospitals and saved so many lives. The chiefs received the kickbacks in exchange of walking to present their stupid petition with their long tails tucked under their legs. SHAME on youuuuuuuuuuuuuuuuuuuuuu.

  13. MAFUMU INU SATANI ZA UFUMU OSATI KULOWELERA ZA BOMA, NDALE, ZA MABUNGWE AYI, KATANGALE NDI KUKONDA NDALAMA ZIONONGA MOYO WANU NDIPONSO ZIONONGA DZIKO LA MALAWI, INU KWANU NDI UNIKILA BOMA BASI, NDI KUONERELA MILANDU YA ZIWETO, MALO,MAUKWATI,MITALA,KUBELANA,.OSATI ZIMENE MU KU CHITA AYI.
    KU UDF,DPP,PP NDI DPP INSO CHIMODZI MODZI, MAFUMU OSAKONDA ANTHU AWO, CHITSONI.

  14. Makileni says:

    Interesting debate. Who is suffering? Local villagers! Individuals awaiting bail,. Those with money have access to lawyers judges and bails are granted. I encourage the judiciary to continue strike yawoyo kuti Osaka apitilire kusauka. Ndi zithuzi zopusa kukhala 8 weeks osagwira ntchito….asalipidwe anyapapi amenewo ..

  15. Political Analyst says:

    Zina mwa zipatso za boma laziphuphu za UDF ndi zimenezi.Akanakhala anzeru mafumuwa “akanafunsa chatsitsa dzaye kuti njovuyi ithyoke mnyanga”;kuti kodi nchifukwa ninji UDF ya Atcheya idawakwezera malipiro akukhothiwo chotero kuposa maunduna am’boma anzawo??Lero kwalowa njoka kukhothi.Tengani ndodo tikawathandize.Nkhuyu zodya Atcheya zipota APM.Chaka chake nchimenechi 2015!

  16. gona nkulawe says:

    parliament inthese ma ufumu onse ma councillor ndiwo azigwira ntchito za nafumu. mafumu amalimbikitsa kusakhana mitundu pomwe macouncillor tizizavotera amene tafuna

  17. Tengupenya says:

    The chiefs are mad!

  18. M'Malawi weniweni says:

    Mukuti ndalama kulibe nanga zomwe mwapatsa zitsiruzi mwatenga kuti? Is it another NACGate? Rubish!!!!!!!! Away with your mathanyula.

  19. Justin Kamwendo says:

    Performance is measured in any government department by looking at number of “outcomes” achieved. How many so far have they achieved compared to other government institutions?

  20. Zabwezedwa says:

    Mr president the strategy of using chiefs failed Bakili, Bingu and JB. I am sure it will fail you too. The chiefs you are using do not have the blessing of their subjects to do that. If they were to be voted in after their term of office as is done with MPs, all of them would lose. Mafumu musayike anthu anu mu mabvuto chifukwa chokonda ndalama.

  21. happening boy says:

    This is the biggest embarrassment our chiefs have caused ever, the whole Kyungu, Mbelwa, Lundu sinking so low, am ashamed of you, you never deserved a description of stupidity but now you are very stupid. Foolish people.

  22. Matchado says:

    It is indeed annoying to see these chiefs poking their dirty noses into what is essentially a labour dispute . Paja ufumu sumalowera nzeru , koma magazi . Ndinaonera amwene a Khiri ( T/A Bvumbwe) , chitserekwete cha munthu, koma akuti ndi mfumu .

  23. Saini says:

    Abolish Chieftainship in Malawi we do not need them they are useless

  24. mbuya says:

    SHAAAAAAA…NAWOYOWA KALE KUTI AWA MAFUMU NIVINDEREEE………

  25. Alungwana says:

    Mafumu opanda nzeru, ozelezeka and vindere veniveni. Useless chiefs. Corrupt leaders.

  26. Gona Harawa says:

    I hate this page fond of fueling demos JB anakudwetsani zambiri za cash gate

  27. KWAZULUH2 says:

    Mafumu musalole kugwiritsidwa ntchito ndi andale.tawonani zomwe zachitikazi!.mwatichititsa manyazi .

  28. wisestfool says:

    Mbuzi za judiciary!! Ntchito kusowetsa ma file, AGARU a anthu!!

  29. Wilfred Ephraim Ziba says:

    am very disapointed to know that even our newly crowned m’mbelwa was also among them, i didnt know that he is just as stupid chief kyungu, so young but stupid. I will never respect you again.

  30. Youngman says:

    Are chiefs the advisors of the president? Mafumu mukulimbana ndi anthu odziwa zamasection, mwangotopa ndi kuweruza milandu ya anthu akuba nkhuku basi. If that is your freedom of expression be aware that you are also violating the freedom of judicials. Let them do what they want, its the rensponsibility of the govt to solve the matter.

  31. OBABA says:

    Dzichotsedwe ntchito dzimenezi, how special are they kuti adzilandira kuposa anzawo with the same qualifications? these guys are too selfish please APM dont bow to their unneccessary demands instead fire them now!

  32. Kyungu he is old nw so lets give this paramount position to that youngman police officer,apa balongola bushutano mutu bwabo bosa banyafyale.

  33. juzi says:

    Ma fumu ndimwe wakambwe wenecho maukauka ya phanana wakuwila navyo muminga yakankhande

  34. Zinziri says:

    God hear me. If you are better qualified than those who are employed then why are you not employed? Simple it means your qualifications are not good enough as compared to those who are employed period.

  35. aphiri says:

    Kenyatta ndi Mbendera mw adziona? Mr ibu wanuyu no clue to sortout issues

  36. Patriot says:

    Everyone is aware that chief were bribed by DPP to do what they did. And gouvernment spent a lot of money to coordinate their stupid demo and venue, hotel, meals etc.
    Chieftaincy in Malawi should be ABOLISHED.

  37. Du says:

    Akuti a paramount Kyungu was there. Hahahaaaa! DPP sidzatheka kugwiritsa nyasi mafumu. Nyerere was right to end chieftainship in Tanzania. They are not mafumu but puppets.

  38. Munthu wa Mulungu says:

    You, silly chiefs, go and preserve cultures of your tribes. Osachita mphuno bii! mu civil service. Civil servants are professionals, osati za kumtundu. Pajatu ufumu amalowa aliyense, ngakhale zitsiru. So, the chiefs can not guide the nation, unless the nation is be lead by another chitsiru. Otherwise, no ways. Mbuli inu, funsirani malire anu. Kuvala mwinjiro kokha si nzeru.

  39. BigMan says:

    So unless one has a “legal mandate” which to this pathetic judicial striker probably means something written in a constitution somewhere, then one cannot comment on the strike and make a statement like the one the chiefs made? This is the guy who has been paid to mislead others into this ridiculous and clueless strike aimed at stopping cashgate investigations.

  40. BBC says:

    It is the court that endorsed APM as the president of the Republic of Malawi and it will also be the same institution that will contribute to his downfall. What comes around goes around.

  41. owen says:

    I think government is waiting for 5 days to elapse as per mpsr and possibly after the 13 jan demo my brothers and sisters at judiciary if I were you I was going to resume work by Monday or at least negotiate for something reasonable by tomorrow because what will hapen at your offices by Wednesday will be embarrassing. U r not judicial officers and u are very easy to replace. Inu osadabwa kuti mabwana anu haven’t joined you kkkkkkkk

  42. mtedxa says:

    Mafumu kodi mufuna muziweluxa nokha milandu kkkk….understand the gist why people are on strike before you jump to a conclusion!

  43. supuni says:

    These judiciary guys are selfish! Period!

  44. Umbuli says:

    Oh now chiefs are giving orders to fire civil servants???? Somebody needs to educate the chiefs about what there role is. They need to be reminded what and where there boundaries are.

    1. Mbuli ndi ndani pamenepa wolemba ‘what there role is’;where there boundaries are NDI Magogowa, Mamulumuzana,Mikokoyogona yomwe ikhoza kukuphunzitsa kuti pamene walemba ‘there’uzilembapo T H E I R(THEIR,their)ndipo chiganizo chako chikadakhala ‘what their role is;where their boundaries are??Chonde osamathamangira kufunafuna mbuli yakutali MBULI ya yapafupi muli INU BWANA!

  45. UDF MOTOMOTO says:

    @ God hear me,no my dear it doesent need legal mandate to exppress your openion,but calling for sacking somebody yes it needs legal mandate sizongoti wakhuta bibida uko then starting calling for sacking of public servants no.l think its what lt means

  46. kanchenga says:

    Strike is a tool used to force employer to accept employees demands. Employer can succumb or stay strong. Vuax wagon actually closed an assembly plant in USA. Thatcher beat Scagil in the 80s. It just requires strong minds. Peter be strong. As for people in prisons don’t worry any sane person will do the right thing to avoid being picked. As for the innocent in prisons it’s better to have them than giving money meant for drugs in hospitals to these people. To be honesty Peter it was a mistake to effect salary increases before we regained donor support.Decree to day that all increments done after elections are cancelled till economy picks up. Disparate situations requires desperate measures.

  47. God Hear Me says:

    Please Malawians my fellow Malawians when shall you stop cheating us? Does it require legal mandate to express your opinion? Koma anthu awa amagwiradi ntchito ku court hahahahaha! This is very annoying, okay if it requires legal mandate then school us please. Because to me the chiefs as any citizen or groups of citizens of Malawi have to enjoy the fundamental freedoms of expression hence the right to express their opinions in whatsoever means possible. Do they need to seek court permission to do that. God forbid!!!

    These people indeed need to be fired once and for all we are tired with unpatriotic Malawians like these. The world is even laughing at us and these people are the disgrace to us.
    APM and your government please do not bow down to their unnecessary pressure please show them that the government is the employer some us we are even better qualified than these barbarous, vicious, ferocious people fotseki!!!!!!1

  48. swiswiri mbewa says:

    Hey APM stop being arrogant. Negotiate with the striking staff for an amicable solution.

    1. kanchenga says:

      Bullshit why waist time with fools. They are not working so don’t pay them

      1. Wakumudzi says:

        Mkuona ngati sitilandira pay whether u like or not we wl receive our salaries we r arm of govt

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