Deal with judge-shopping, MCP MP pleads with new Malawi Chief Justice

Malawi Congress Party (MCP) spokesperson on legal affairs and Lilongwe South West MP, Peter Chakwantha, advised new chief justice Andrew Nyirenda to uproot the judge shopping and delayed case hearing which he said is bedevilling the justice delivery.

Chakwantha (left)  with opposiiton leader Lazarus Chakwera

Chakwantha (left) with opposiiton leader Lazarus Chakwera

Justice Nyirenda: Head of Judiciary

Justice Nyirenda: Head of Judiciary

Chakwantha, a trained lawyer, made the appeal in parliament when the House unanimously confirmed Nyirenda as the country’s eighth Chief Justice (CJ) and head of the Judiciary since independence.

He said the new head of the judiciary and another arm of government, would have to grapple with uprooting the unscrupulous tendency by some lawyers to “judge-shop” which in some cases led to corrupt practices in the Judiciary.

“Justice Nyirenda must improve the image of the judiciary by doing away with unscrupulous lawyers who know a particular judge will grant their wish through judge shopping which undermines the image of judiciary, he must guard against this bad practice,” said Chakwantha.

“Some cases have not been concluded due to unnecessary delays we urge him to look into those, we understand courts work at their own pace but there is need for improvement and he must take the matter seriously”, the lawmaker added/.

He faulted the judiciary for granting inconsistent judgements in relation to similar cases adding “MCP is not influencing court decisions but justice must be seen to be fair than applied selectively through inconsistencies, this ignites debates and bad comments that may dent image of the judiciary”.

Justice and Constitutional Affairs Minister Samuel Tembenu moved the motion in parliament to allow members of parliament to confirm justice Nyirenda, said the judiciary will soon have new operational guidelines that will do away with numerous concerns for effective service delivery including judge shopping.

Chakwantha, however, lauded judge Nyirenda as a man with a work ethic and justice delivery without blemish.

He further delved into the role of the CJ during election disputes saying that the new head of the Judiciary should alongside other stakeholders examine issues of vote recounts and the speed at which presidential candidates are sworn in after voting.

Justice Nyirenda was appointed on 12th March by president Peter Mutharika to replace Justice Anastasia Msosa SC whose contract expired in February this year.

Nyirenda graduated from the University of Malawi’s law school at Chancellor College in 1980 and immediately joined the Ministry of Justice as State advocate until 1982. Between 1992 and 1994 he served as chief public prosecutor

He was appointed judge in 1994 and then a judge of the Supreme Court 10 years later. In his profession as a judge, Nyirenda has worked as a commissioner of law reforms and recently was chairperson of the commission of inquiry into the death of Polytechnic student Robert Chasowa in 2011. Chasowa was murdered by regime agent of the DPP and most accused are serving the current government.

Out of 146 members of Parliament (MPs) present in the House, 141 were in favour of Nyirenda’s appointment while four were against and one abstained.

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23 thoughts on “Deal with judge-shopping, MCP MP pleads with new Malawi Chief Justice”

  1. chefourpence says:

    Mtumbuka wa chilomwe

  2. jury says:

    Glad to note that no tribalism/regionalism cries elsewhere regarding this appointment. Had this appointment was of a person from elsewhere though qualified, Parliament could have had serious division coupled with threats of secession/federalism and this page could have been awash of insulting posts n comments. Lets remove tribalistic glasses n see Malawi as one people.

  3. Kenkkk says:

    Congratulations Andrew, I am very proud of you.

    Shame that 4 senior dpp mps didn’t agree with the president’s choice. But at least it shows that there is some real democracy and freedom of expression / choice within dpp if its members wish to express dissent. Good lesson to udf that you can sometimes oppose this dpp led govt if you are not happy with what they are doing. If these senior dpp mps can go against their own govt’s choice, then what about you udf who are a different party can’t show any form of dissent on some national issues which this dpp govt has been making blunders?

  4. Ndatero ine says:

    A nyirenda manja anu sadzamangika ngati mphwanu uja kenyatta nyirenda? Chilungamo pa nkhani ya msungama chioneka? Tiuzeni zoona zokha zokha za bodza tatopa nazo aonyarenda

  5. Tmc says:

    Congrats nyirenda

  6. Henere says:

    rubbish…..MCP full of complaints ..

  7. Judge shopping gate, shaaaa ndiye zititso.
    Congrats bwana Nyirenda

  8. kodi says:

    I was privileged to watch this young MP making the remarks yesterday. I must confess the guy had done a good work. He was bold and fearless in giving his advice to the CJ. The issues he raised indeed are happening and many of us fear to point them out. He deserves recognition for being the first MP to face the judiciary head on. Thanks to you Chakwantha for speaking for many malawians whose cases are piling up at the courts without progress.

  9. DML says:

    Please very mindful when you write as: The Honourable Retired Chief Justice Annastasia Msosa SC contract did not expire, she retired. Making statements like those will mislead the people, that because of other reasons His Excellency did not renew her contract when it expired.

    Secondly, are you saying that The Honourable Former Chief Justice allowed judge-shopping?.

    Remember that not all readers are fools!

    Congrats to His Lordship, the Honourable Chief Justice Andrew Nyirenda SC. Happy retirement to The Honourable Retired Chief Justice Annastasia Msosa SC.

  10. FUZZO says:

    Hope something will change

  11. Rudolf Phiri says:

    Hon Chakhwantha,
    It should not be up to the Judiciary to decide when the new president should be sworn in. Let parliament legislate on this and the judiciary will uphold. otherwise, no judge can refuse an incoming president from being sworn in. cast it in stone as a law or a constitutional provision. In the USA, the Presidential election is always in early November and the President sworn in on January 20th the following year. it leaves time for transition and to sort out any queries like it happened with George W Bush vs Al Gore.

    If we can determine for sure when an election is going to take place, why cant we determine for sure when a new leader will be sworn in? Check with the Americans how their system works and learn from them.

  12. Zanga Phee! says:

    weather you did not vote but the endorsement were from Allah so the guy is in the system now,see what he does when comes for business. Beware some of you you might float in water any way see my name.

  13. commentator says:

    Just curious to know where the honorable judge was between 1982 and 1992? Story is incomplete!

  14. arkmm says:

    mcp, grow up, election times are way over. don’t be cry babies this is time to build this small country. work hard in 2019, it is the people who vote, not judges

  15. Alungwana says:

    I think Chakhwantha has a full knowledge of judge shoping. I know his statement is so true. I know there was judge shoping during the elections. There had been judge shoping in the Muluzi graft case. I salute Lawyer Chakhwantha!

  16. Tukombo says:

    Atumbuka woyeeeeeee!

  17. Pragmatic Boy says:

    For those who are feigning ignorance on Judge shopping, actually it is not a new development. Sometimes Lawyers chose Judges whom they think can handle their cases according to their wish.

  18. MalawianNAKUNGWI # 1 says:

    MALAWI, THE WARM HEART OF AFRICAN. ITS TIME TO ROCK AND ROLL. JUDGE SHOPPING, HOW DO YOU LIKE THAT.

    TOGETHER WE CAN DO IT. LET US MAKE MALAWI A BETTER PLACE TO LIVE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! AM LOVING IT.

  19. mphini za mutchafu says:

    Congrats nyirenda u deserve this

  20. Kodi mulandu wa msungama (mcp) election issue. Is it part of judde shopping?????

  21. tuvi says:

    I know those MPs who did not vote for Nyirenda are- Former DPP South Governor, Chaponda, Henry Mussa and Nankumwa and Kaliat

  22. nobel says:

    Judge shopping? We are yet to know more. Learning and learning kkkkk

  23. pamsundu says:

    Judge shopping new development are you implying that the former Chief justice was doing so?

Comments are closed.