Evangelical Association of Malawi laments ‘attempts to capture the Judiciary’: Rev Kawalala for righteousness

Evangelical Association of Malawi (EAM), an umbrella body for 64 church denominations and 58 Christian organisations,  has said that it learnt with great dismay the continued attempts by  President Peter Mutharika to undermine the Judiciary.

Reverend Zacc Kawalala: Clear Executive attempt to capture the Judiciary

The Ethics, Peace and Justice Commission (EPJC)– a socio-governance arm of Evangelical Association of Malawi – said in a statement reacting to the Executive’s move to force Chief Justice Andrew Nyirenda to immediately proceed on leave, pending retirement.

Chief Secretary to Government Lloyd Muhara, in a public notice dated July 12 2020, said government wanted to inform the public that the Chief Justice (CJ) would proceed on leave with immediate effect, pending retirement.

But EAM said the notice was an executive attempt to capture the Judiciary.

“We are reliably informed that the tenure of the Chief Justice Andrew K.C. Nyirenda and Justice Edward Twea runs up to December 2021 and April 2021 respectively. As such they cannot be forced to retire now even if the pending leave days are factored in.

 

“The Chief Justice cannot go on the bidding of the Executive. It has to be the decision of the Chief Justice to leave early, not imposed on him by the Executive. And the announcement from the Chief Secretary is totally erroneous and it amounts to executive attempts to undermine the independence of Judiciary in order to pursue narrow selfish political interests”, reads the statement signed by Rev. Dr. Zacc Kawalala, the chairperson the EPJC.

The statement goes to say that the decision by Muhara has “no legal effect on Chief Justice Andrew Nyirenda and Justice Twea and further accuses the Executive through Muhara for meddling into internal human resource management matters of the Judiciary over which the Chief Justice has ultimate authority”.

According to EPJC, the Executive attempts to undermine and capture the Judiciary was just a tip of the iceberg of a bigger political scheme spearheaded by the current President to frustrate the holding of a free, fair and credible elections on 23rd June 2020.

“This observation  is further grounded in the fact that the State President has unsuccessfully fought tooth and nail to stop the holding of the fresh elections through delayed firing and reappointment of MEC Commissioners; attacking judges in public; failure to assent passed electoral Bills; and the just recent DPP MPs dissatisfaction with Parliament fixing of the date for the fresh elections.

“ We urge all stakeholders including the Judiciary, Civil Society, Malawi Law Society, faith community, development partners and general public to remain firm and defend our Constitution and democracy in this critical time,” reads part of the.

EPJC then calls for all Malawians to pray that righteousness and justice prevails in the country.

The statement has  been endorsed by the following EPJC Commissioners and executive members:  Rev. Matilda Matabwa, Rev. Major Makuni Gondwe, Rev. Evans Jeka, Rev. Charles Makata, Rev. Paul Mawaya, and Makhumbo Munthali.

The association urges all stakeholders, including the Judiciary, civil society, Malawi Law Society (MLS), faith community, development partners and entire general public to remain firm and defend the Constitution and democracy in this critical time.

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achalume
achalume
3 years ago

the former IG of police went on long leave await retirement. what the fuss about with Chief Justice? Are we saying we should pay off his 570 days leave days? Accumulating such number of leave days just shows how poor ones leadership style is. Could he not delegate some of the duties all these years to enable him go on leave? Zipitani ku holiday akulu.

Mtonga Mwana
Mtonga Mwana
3 years ago
Reply to  achalume

Akafuna apita yekha koma sakufuna. Apita mbuyanu akachoka pampando ali ku Maula

Mazira
Mazira
3 years ago
Reply to  achalume

Akulu going on leave is never compulsory, it is optional. Ngati akufuna kupita ku leave apita ngati asakufuna sapita palibe amene angamukakamize. If the former IG went on leave pending retirement, go and ask him if anyone forced him to do that. One thing you should also know, that notice from cadet Muhara was misplaced, it is the Registrar Patemba on advise from the Judicial Service Commission who was supposed to author that notice, not him as chief secretary to government

Mwambalanganya
3 years ago
Reply to  Mazira

Jane Ansah ali pa leave, alipo wina amene anmpanga force? Boma la Peter is a disgrace pa SADC pano.

Milton Milazi
Milton Milazi
3 years ago

Read the policies on leave to understand this issue. If you do not go on leave in a particular year you forfeit your leave days. CJ hence has only accummulated leave for this year which are not even one month long. He is retiring in December, 2021.

Patrick
3 years ago

But is Rev Kawalala talking on behalf of all the churches in Malawi or this is just his personal opinion?

Chimanga
Chimanga
3 years ago

Izo zili ku Court tu haha

Mangalore 2929
Mangalore 2929
3 years ago

All employees are encouraged to go on holiday. It’s good for health and quality of work. Actually if an employee is refusing to go for leave it shows they are afraid of something and is First sign of fraudulent behaviour. If CJ is clean let him go and relax at the lake

Peter Gomani
Peter Gomani
3 years ago
Reply to  Mangalore 2929

Cadet mangalore ukununkha nyekhwe! Kagwere

ERUTU
ERUTU
3 years ago
Reply to  Mangalore 2929

Muppet

Mr Truth Pains
3 years ago
Reply to  Mangalore 2929

Ask Muntharika first to go on his retirement as he has surpassed the retirement age. It is good for Muntharikas health just to look after his grandchildren if he has any.

This country called Malawi does not need this 82yrs Muntharika to be on driving seat it’s so dangerous .

We need Young and energetic leader as soon as possible to rescue this country from mayhem that Muntharika and a team has caused .

Pido
Pido
3 years ago
Reply to  Mr Truth Pains

WHat is the retiring age for president in malawi?

Mwambalanganya
3 years ago
Reply to  Pido

Peter’s age

Lego
3 years ago
Reply to  Mangalore 2929

If they wish so not on forced leave

Mwambalanganya
3 years ago
Reply to  Mangalore 2929

On his will. Then its ok

William Chirwa
3 years ago

In government it is the norm that if you have accumulated leave days and you are about to retire take your leave days and go pending your retirement. ThelastIG did the same and that’s why we had the wrangle of Mwapasa confirmation. Public servants not wanting 5i go on annual leave in order not to miss allowances and external trails in short dyera. Government does not cease to function even if the most VVIP dies so why punish one self by not taking a breather. Go on leave Mr Chief Justice dont be cheated even in your system somw will… Read more »

ERUTU
ERUTU
3 years ago
Reply to  William Chirwa

William Chirwa is a 🦆

Mwambalanganya
3 years ago
Reply to  William Chirwa

Amfunse kaye kuti ukufuna kupita ku leave? Akati ayi, mpaseni leave grant yake apitirize kugwira nchito. Koma ap mwalakwisa.

Mkamwini
Mkamwini
3 years ago

Akulu awa ndi a phuma. Analipo pamene chief justice amalembedwa? Mkonze Mkonze amadzipakatu.

Zara
Zara
3 years ago

Kawalala and your misguided organisation you need to understand simple things: Chief Justice should go on holiday because he has accumulated enough days until his retirement BECAUSE, if he continues to work, it will cost us so much taxpayers money for government to buy his holidays. Secondly, there is need for young blood to rise up the judiciary echelon.

James Banda
James Banda
3 years ago
Reply to  Zara

Did you say young blood. You have an 80year old man as a president of Malawi who is causing all this trouble

Cusper
Cusper
3 years ago
Reply to  James Banda

A president is elected. A Chief Justice is not elected. If the greater amount of voters favored an eighty year old president. Who are you to say no?

Kamanga Masocha
Kamanga Masocha
3 years ago
Reply to  James Banda

Presidency is not regulated, no retirement age. Therefore take a chill pill

Chakwera
Chakwera
3 years ago
Reply to  Zara

Brainless urguement typical of cadet mentality blindly following a misguided clueless leader who is surrounded by mediocre faithfuls

Kamanga Masocha
Kamanga Masocha
3 years ago
Reply to  Chakwera

Easy does it. Whats your point

ERUTU
ERUTU
3 years ago
Reply to  Zara

Muppet and Cadet

Mwini muzi.
3 years ago
Reply to  Zara

I wonder why an employees can accumulate such so many days unless the HR legislation doesn’t define properly the intent for leave. It is simple, to go and rest. It is a health requirement for an employee. Taking leave is mandatory and any leave should not be allowed to be accumulated to an extent of breaking the labour laws. Employees who don’t take leave over a long period such as this are prone to make errors and are usually non productive and eventually become dead woods. The body needs rest, the brain needs refreshing.

Nalingula
Nalingula
3 years ago

Even if one has got Leave days ….This is not the Time for Patriots to go on Leave when their Country Needs them Most …Let’s sacrifice everything for the Sake of mother Malawi ….The tribal cabal will Try anything to derail the Wheels of Justice ….My plea to all judges ,sacrifice your leave days please …SATANA satogona ,Ali Maso chuuu usiku ndi usana kuti awononge Malawi….

William Chirwa
3 years ago
Reply to  Nalingula

Every job has its own rules so let’s stick to them as rules don’t target individuals but all of us

ERUTU
ERUTU
3 years ago
Reply to  William Chirwa

Uyu wabweranso apa Chirwa uja. Iiiiiiiii ameneyu ndinkhakamira yokudya matewera a mwana oyipitsira 😂

Chacha
Chacha
3 years ago
Reply to  Nalingula

You mean the TUMBUKA cabal

Cusper
Cusper
3 years ago
Reply to  Nalingula

Amene sagona, sawodzera ndi tulo. Ndi atate athu kumwamba he is the one who holds this country in his hands. The last time when everyone rose against a properly elected leader we ended up with Joyce Banda who in a space of 2 years plundered the whole country to the ground with cashgate. I fear the one coming ahead of us might be bigger than what happened in 2012.

Kamanga Masocha
Kamanga Masocha
3 years ago
Reply to  Nalingula

I guess we view things with different eye lenses.
Any person swore in to serve the Justice system in Malawi shall do so.

Chief Justice Nyirenda has to Rest In order to show that whatever decisions he made in the past were rational and non partisan.

Only idiots hang to positions forever

mchisala
mchisala
3 years ago

Muhura’s actions are those of a ‘chola’ boy doing the bidding of a ‘clueless, brainless and shameless’ ‘bwana’ in the name of Mutharika!!!!!

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