Forced retirement of Malawi’s chief justice withdrawn by new government

Government has withdrawn a public notice issued on June 12, 2020 by which stated that Chief Justice Andrew Nyirenda had been placed on leave pending retirement.

Chief Justice Andrew Nyirenda: Stat put

The administration of Peter Mutharika through former Chief Secretary to the Government, Lloyd Muhara, wanted to remove the Chief Justice on the pretext that Nyirenda had accumulated more leave days than the remainder of his working days until his

But in statement issued Tuesday  and signed by new Chief Secretary to the Government Zanga-Zanga Chikhosi says the issue of accumulated leave days of the Chief Justice is between the Judicial Service Commission and the Chief Justice himself.

It stresses that Nyirenda continues to discharge his duties as the Chief Justice of the country.

Apparently, Muhara has been redeployed back to Judiciary as High Court judge and will face same Chief Justice he wanted to be removed.

Nyirenda  was among the judges who in February annulled last year’s elections, which saw a narrow win for immediate former  president Peter Mutharika. The ruling was upheld by the appeal court and Fresh elections were held  on 23 June which was won by Lazarus Chakwera as the new President.

The second most senior justice in the country, Edward Twea, was also given notice to leave his post ahead of his retirement next year.

Mutharika was widely condemned for an ‘unprecedented assault on judicial independence’ by campaigners who states that no judge can be forced to take leave and they are are guaranteed tenure until they turn 65.

Agnes Patemba, registrar of the supreme and high courts in Malawi, said in a statement that although a chief justice is appointed by the president and confirmed by the national assembly, all matters related to discipline and welfare fell within the “exclusive province” of the judiciary.

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37 replies on “Forced retirement of Malawi’s chief justice withdrawn by new government”

  1. Chisakomere akulu okha okha.Ther are plenty of civil servants who got mandatory retirement upon accumulation of days.Pls recall them as well.

  2. Thank you chief justice for orchestrating the coup de etat. government shall raise the retirement age specifically for you so that you will retire only if you want. What about life chief justice for you? That way bright boys like chifundo kachale can Bury their dreams

  3. If I were Muhara, I would retire now. This is an embarrassment of the highest degree. Muhara wrongly advised APM. The world is not a place for one tribe. Malawi is bigger than the Lomwe districts.

  4. Soon u will hear that retirement age in the judiciary has been increased to 70.it was part of the deal between tonse alliance and judiciary.for andrew nyirenda the best was for him to go.he is not liked by majority of junior stuff.kupondereza ana too much and kuzikonda.

    1. He was being forced to retire so nkhalamba of 80+ can illegally continue to ruin the country. Dzanja linalemba basi. Hopefully he (nkhalamba) will face the same judges on his way to prison. No mercy.

  5. I think let us take a sober opinion on this one. If indeed he has reached his retirement age or the leave days are in excess, let him go. There’s nothing wrong with it because it allows the youth to also have their chances. However if he has not reached his age and he indeed does not have the accumulated days then leave him.

    1. It’s not up to the executive to intervene. Kulowelera za eni. Good job God removed these thugs and that Malawi is now liberated.

    2. Justice Nyirenda will be 64 years old in December this year, he will reach 65 next year therefore no one can say wakula akapume. Leave issues are human resource issues between employer and employee. Judicial Service Commission is better placed to handle issue of leave days of the CJ, not the executive, sizikuwakhudza

  6. As a leader of the other arm of government lead lead by example if you really accumulated leave days you know it and have exercised iron your juniors before. So do the honourable thing Patemba is doing public relations for the judiciary and its a veiled indication for you to go. You are not Judiciary and it can not fail if you go after all the battle was fought by your juniors who also want to shine after you are gone

  7. So Chakwera Mwamba Administration want to reward the chief justice with holiday money from our taxes? The left it to judiciary to wave the holiday issue and settle to pay the old chief? Ayi a Malawi akuona komanso ali ready kupanga mademo opanda HRDC. Tipanganso lathu bungwe lopanga critique the new government and organizing demos.

  8. Edith and masozi, r u fools? U mean u dont understand issues of retirement age? Civil service and other general workers its 60. Judiciary is 65. However one can go on early retirement on medical grounds, one can chose to retire after serving 20 years even if he has not reached 60yrs old. If you dont understand these basic things, you are very useless. Nkt worth employing.

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  10. They should cancel his retirement altogether. Let the man be Chief Justice for life! He is the only one in Malawi who can do this job. Viva Chief Justice.

  11. Hello Justice Lyold Muhara’, Hello!.Times change and I think being a Judge you must have considered this fact! The question is …what was going through your Cadet mind when you decided to issue that notice? Now the CJ that you connived with your fellow Cadets to have removed is your boss! Nyekhwe!!

    1. I always wonder why Malawian were and are on the neck of Muhara, Muhara was just a Secretary, do you know the meaning of a Secretary? Does a secretary make decision?? That was APM’s decision and his legal advisors…

      1. Chief Secretary to The President and Cabinet is a decision maker. He is head of the civil service. Below him are the principal secretaries of each govt ministry and so on. You better reconsider your view. Its the same with Clerk of Parliament. Do you think he/she is just a clerk, its an administration job!

  12. Refusing to go so he can continue adjourning cases in order to pocket sitting allowances. It’s old men like these who delay justice. Malawians are tired of seeing you around their courts, 40 years without holiday. Kufuna muzafere mu office.?

    1. Mbuya ingovomerezani kuti zakuvutani Mbuya. Zisankho munaluza osati chifukwa cha CJ. Nyekhwe anthu avota. Nyekhwe Mbuya.

    1. Don’t worry he is due retirement this year. My President Chakwera will name a new CJ. But until then, he is staying put. Your bid failed because sane Malawians rejected your bid.

  13. can you also let us know the truth about the leave days. If it time to retire let them retire so that the Chifundo Kachales can also shine.

    1. Better we moved on as a Country than questioning and pointing fingers. We need each other whether one is in Opposition or ruling, lesson learnt is that Malawi is different now so lets do some work, lets work hard, we can not afford to waste time

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