E-Mail 'Attorney General's opinion on condition of service for staff in Malawi judiciary' To A Friend

Email a copy of 'Attorney General's opinion on condition of service for staff in Malawi judiciary' to a friend

* Required Field

Separate multiple entries with a comma. Maximum 5 entries.

Separate multiple entries with a comma. Maximum 5 entries.

E-Mail Image Verification

Loading ... Loading ...
Please share this Article if you like Email This Post Email This Post
newest oldest most voted
Notify of
I have always said that some of the people who sit on the benches of our courts do not deserve to be there, they do not know even the basic laws of the country. KK has done well to interpret the law to them, yes he has touched a raw nerve with some of his fellow lawyers but they need someone to help them too. Their minds have been overcrowded with greed and the fact that subsequent presidents have had to rely on them to forge ahead. Amangowapinda in the interpretation of the laws, but with APM and KK the… Read more »
Soldier Take Over

Teachers and medical personnel do better that the judiciary workers. They are arrogant and should be condemned from all angles. The cases take too long to conclude. Michael Jackson trial started and there was no break. Oscar Pistorius trial started and there was no break. Just imagine cases at IRC going for years and years without conclusion. Total madness in the judiciary. The magistrates just makes their own money through affidavits for passports and certificates. This is all true and they have no regards to cases at all.

Gogo Pitala

There has been lack of discipline in the judiciary. This arm of government needs total overhaul.

Lawyer Phoya

Kalekeni Kaphale and Ralph Kasambara were in the same class at Chancellor College and both were intelligent. You can’t even compare him with some of the judges like Roland Mvundula and worse still Sylvester Kalembera. Kalembera struggled with law and had to repeat to get through. It’s unfortunate that Kasambara has not maintained his integrity and is a suspect on criminal charges. He works closely with Pika Manondo. Possibly what has saved Kaphale is his Seventh Day church. I hear he likes chasing skirts typical of SDA faithfuls.

Iam not a lawyer but coz of finding myself in the corridors of courts and in the offices of law firms too ften(kabwerebwere) and being forcd to read judgements i do have a little bit of appreciation of laws.Thisi on the port Kaphale,laws are for people not judiciary.When there is confusion judiciary come in to interpret so what this brilliant mlomwe lawyer has done is to give an opinion on the standing laws.Those who do not agree go to court but dont say he does not have the right or mandate to interpret the law according to his understanding.
equal work equal pay

‘equal pay for equal work’. No one is superior in Malawi. DPP government, you have our support!


The Att Gen should take seeking order of the industrial relations court for injuction on 3 grounds:
1 strike is illegal
2 there is lack of 7 days notice by support staff
3 judicial service is an essential service that should be available all the time to interpret the law and avoid abuse all the time as an independent referee organ of government.
Pliz wake up attorney general;move the court which has a duty to interpret the law and courts cannot abdicate that constitutional duty.
The law society should also join this action in order to protect the public

The Truthful One from the West
The Truthful One from the West

I agree with the Professor that the Attorney General’s opinion is flawed for the following reasons:
a) The power to interpret laws including the constitution belongs to the Judiciary. Kaphale cannot interpret(give meaning) laws.
b) The power to decide that something is legal or illegal belongs to the Judiciary.
c) The Minister of Finance abdicated his duty by not acting on Judicial support staff salaries since 2012. Under judicial review remedies the judicial support staff salaries stand approved. Mr Kaphale is wrong to say to say the agreement does not exist.

Former Attorney General
Just because the judiciary is independent, does it mean that it should be involved in illegal strikes? Why should the judiciary hold Malawi at ransom? If the government succumbs to this, it will be tantamount to paying a ransom to hostage takers. It will also mean that in future the judiciary will resolve to the same tactics. You give them an inch they take a yard and you give them a yard they take a mile. There will be no end to all this and the harmonization of salaries will fail. It also means other civil servants will go on… Read more »
phungu Chinthali

school them sir