Judge Mkandawire grants injunction against Chief Justice forced leave: Orders judicial review

June 14, 2020 Wongani Chiuta - Nyasa Times 82 Comments

High Court judge Charles Mkandawile has granted an injunction and leave for judicial review restraining President Peter Mutharika and Secretary to Government Lloyd Muhara from effecting their decision to send Chief Justice Andrew Nyirenda on early retirement based on perceived accumulated leave days.

Judge Charles Mkandawire: granted  injunction stopping the government from sending Chief Justice on forced leave

The injunction was obtained by Human Rights Defenders Coalition (HRDC) in partnership with the Association of Judges in Malawi, restraining President Peter Mutharika a

Judge Mkandawire granted an injunction Sunday and ordered for a judicial review  after Association for the Magistrate in Malawi earlier  asked Chief Secretary to Government Lloyd Muhara to withdraw his public notice urging Chief Justice  to proceed on leave pending retirement.

The association’s president Patrick Mwamale told journalist in Blantyre that there are no grounds for Nyirenda to go on leave.

Nyirenda has not responded to the public notice.

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82 replies on “Judge Mkandawire grants injunction against Chief Justice forced leave: Orders judicial review”

  1. Tumbukas doing what they know best….corruption plus nepotism. Saving each other from the dictates of employment law on holidays. Kamuzu was right when he sent all dark mbenumbwenus packing from South and Central region to teach in their dead north.

    And look here, chakwera has already abandoned his Hi5 agenda and he is now selling chilimas manifesto, what a puppet he is. In 5 years chakwera will have been outsmarted already. The reason is that there are more backstabbing tumbukas supporting chilima than chakwera that’s why chakwera is already no more.

    Ife wathu ndi APM, amene wawamvetsa m’bebe majaji opusa achitumbuka. Munya muwona. And justice Nyirenda why are you afraid to go on leave? Ukufuna umalizitse za regime change agenda zakozija? Fotseki!!! kenako tikumatchila iwe kajaji nyirenda.

    1. Put some pig fat oil into your ears and will in turn enter ur empty brain n assist a dumbass moron like u to think and stop writing this camelshit nonsense comments. Go back to ur gutter n shut the f&$k up.

  2. Nyirenda’s position is untenable. He can’t continue working when he has accumulated leave days that take him into retirement. The honourable thing is for him to retire.

  3. Chief Justice Nyirenda should be ashamed to want to continue working when he has accumulated so many leave days. Akukakamira pa mpando chifukwa chiyani? Akubisa chiani? Kufuna ma allowance kapena. SHAME on him.

  4. Mbuzi zambiri zalemba apazi sizimaziwa malamulo.How can an old gogo of 82 send somebody of less than 64 years on leave?Kufuna KUBA BASI.

  6. how can a judge objectively judge on something that concerns his boss. A separate body should have heard off the CJ and not the HRDC.

    2. The sin the judges committed is the ruling against tippex election, Akanapanga zokomela bwana tippex pitala sakanathangisidwa waku unexpected holiday eti? Mchitidwe uwu ngoipa uyenela kutha Ku malawi. And moreover u boss Peter Mutharika wakwachani awa anapita Ku school Kuti akhale a judge komanso ma president Ali ndi five years 1st term in office and a chance of having in the second five years if voted. Peter Mutharika mustn’t forget that being there isn’t permanent sir please.

    1. That is stupidity we are talking about,You are showing yourself how tribal you are with your primitive type of thinking.Shame on you!!!!!!!

    3. Backward thinking just like your mulakho gogo. No wonder you remain on the bottom of the world ladder economically.

    4. Go to school hey can either be a lhomwe , Yao, Sena, chewa Tonga, nkhonde, judge, it takes your qualifications sir /madam than tribalism .

  9. Did I not hear that Llyod Muhara is also a legalman? Koma ndalama ndi satana di. A Muhara kukhala ngati mbuli yeniyeni!!!!kkk

  11. judicial review about retirement? hahaha Nyirenda apite ku labour office or ombuseman office akadandaule if its against employment act… granting injunction on this matter of retirement just shows how incompetent our courts are

  12. Is it a perception that Nyirenda has accumulated leave or it is true he has? Accumulating such many days of leave is illegal according to international labour law which Malawi applies. The intent for one to go on leave simple: rest, body and mental refreshment. That is why he has his vice to run the affairs when he proceeds on leave. Failure for an employee to go on leave endangers his life at work. He can easily collapse from fatigue. He can easily become ineffective and prone to errors and aventually dead wood. No wonder Nyirenda did not look at the constitution that governs the setting of dates for reruns and fresh presidential elections. Look at the rot in parliament: it’s Nyirenda who lacked wisdom.

    1. Stop telling lies as if you know labour laws.Whether you have accumulated leave days or not its up to you to apply for a leave not someone to force to go on leave.Whatever you are saying its all shambolic and pathetic.Which company have you worked and it stimulate such laws?Stop fooling yourself.

        1. Bring your argument here so that people see who is more educated than you fool.You know nothing about labour laws apart from your tribal hatred.I know labour laws than you nambypumby.You and your APM are fools who just want to dictate everything in our country.I wonder which school you two went.

          1. Lego, if you know the laws yourself – why are you seating on this platform to ague with people. let Nyirenda as an employee to complain non of your business – did Andrew came to you guys and complain? between yourself and him who will know the laws of Malawi ?
            there is no Sibweni business here

    2. Nanunso inu musatitopetse ndi umbutuma wanuwo…………..!! Which law and or office in Malawi has legal powers to force anybody who has not comited any sin to go on retirement? Chinde musamatiuze za malamulo a “mulakho wa aLhomwe” pano!! Mapeto ake ndi izi muyaluka nazo chifukwa chilichonse mungachite chizingokanidwaaaaaaaaaaaaaaaaaaaaa!! Bvuto ndi ma certificate a law komanso ma professorship muli nawowa a ku jerusalema university!! Abale mu office zikukanika, ku parliament zikukanika, ku court zinakanikansoooooooooooooooooooooooooooooooooo! Manyazi mulibe kodi?

    3. True failure to go for leave it’s incompetent. Will he go after retirement? Very strange humans.

    1. Nsanje ikuphani amangwetu 😂😂😂😂😂 akamati sukulu Ife ayi tikalongosola Za gondolosi lero ndi izi mwalo mwa mfundo zomveka muli tumbuka judges even kusiyanitsa Kuti uyu ndi mtumbuka Kaya mtonga Kaya ngoni Kaya mu ngonde mu lambiya simudziwa kkkkkkkkk kumpoto ndi mtumbuka nzosiyana analikukuti inu school at its best 😂😂😂😂😂

  14. This was the most foolish move by Muhara and Muthalika! How could you send a 65 year old lawyer on forced retirement while you Peter Mutharika – 80 plus years and a failed president cling to power? At this, you have proven true -every Malawian that that you must pack up and go! RETIRE WITH IMMEDIATE EFFECT. YOU GO DOWN THE DRAIN AS THE WORST PRESIDENT THAT EVER REIGNED OVER THIS BEAUTIFUL NATION MALAWI. YOU WILL BE REMEMBERED AS ONE WHO DIVIDED THE NATION INTO A TRIBAL ZONE, ELEVATING AND FAVOURING THE FEW – THE LOMWE TRIBE! What a shameful legacy you have decided to leave behind. Your time is up.

  15. Could it be said that HRDC has indeed been in partnership with the judges association all along?

    1. Not at all.Remember that the CJ is a malawian who is entittled to all rights as prescribed by our constitution,and that the HRDC defends the same rights.So if the CJ had his right infringed,the HRDC is well placed to defend that

  16. These are HR issues. I guess who is so ever against Government move should be willing to pay for the holiday days of all Supreme Court Judges who received the same letter.

    Why are we making noise for Chief Justice when other judges have been subjected to the same measure. Why is Twea and Ansha not mentioned in the injunction? Tisamapupulume kupanga ma conclusion opusa polowerera zinthu za eni.

    Why is the Chief Justice so quite? He is the one to refute what the Government is saying and show us evidence that this is not true. His quietness show that there is no smoke without fire.

    Where was HRDC when the guy was accumulating more leave days? This is a good lessons to public servants who do not go to holidays. You think if you go for some days things will stall. No ways.

    Madala a Nyirenda ayakhulepo kapena angochoka mopanda mavuvu. Muziphakabe money mulipenapake pa zii. Ubwino wake ndioti retirement package ikhala ikubwera mwa fast poyerekeza ndikuti muzayambe kupanga process akalowa a Mbava za Tonse. Azapanga ma reforms oti muzalakalaka munakatengeratu money yanu. A kwacha today is more valuable than a kwacha December 2021 ndi ma devaluation athuwa.

    2. Which other judges have been subjected to the measure?Musationetse umbuli wanu apa.Going to leave does not need someone to force but willingly.You only go on force leave if you have done something wrong on the company or organization pending disciplinary hearing.

    3. The difference is Ansah applied to go on leave pending retirement. Chief Justice did not

  17. One more loss for the Government in Court, just waiting for the Public Opinion Loss June 23rd.
    The President has proved to all Malawians and the world he does Not Respect the RULE of LAW and his time as President should end June 23rd. Am baffled that the President a Professor of Law has failed so often in Court. The position of President is NOT is NOT yours alone APM

  18. Something needs to be done. You can’t have an institution with people from one tribe only. Malawi justice system is overrun with nepotism. Nyirenda, mkandawire,msiska the whole court. Something needs to be done. Cleanse the court

    1. I agree Atumbuka amenewa ndi amene akupanga promote tribalism, one court officer told that if you are from the South it is not easy to be promoted, mark my words, they think courts are for the tumbukas, anthu a ku kaya, olankhula mu ma capital lrtters

      1. Iwe ukamayankhula chilomwe imatchula ma small letters? It’s God who separated the languages, tribes and cultures even the skin colour. You are not even white the mzungu complexity matama basi. Take everything in your hands 😈😈 analikukuti inu viwalomwe vopanda mzimu wa umulungu unakuchokelani kalekale. Go to school and study law.

    2. What about the Executive – Nakhumwa, mwanamvekha, navicha, chaponda, matabwa, dulla, kabambe, mathanga, namathanga etc

  19. I understand a ‘boomerang’ weapon is designed in such a way that if it misses its target it menacingly comes back to the place from where it was launched and requires special skill to stop it from hitting the hunter! Looks like the DPP regime has no shortage of such weapons in stock in their camp. Unfortunately there seems to be a visible shortage of skills to prevent self-destruction. Even the party’s designation of ‘DEMOCRATIC’ P P is becoming a laughable adjective to what the party is supposed to stand for. How does one reconcile the meaning of ‘DEMOCRACY’ minus independence of judiciary? Or respect for the rule of law minus respect for court rulings? What kind of democracy is DPP trying to invent for Malawi? Is it not part of human rights for the Chief Justice to reach his retirement age to leave office honorably? All these miscalculations by the so called professor of Mutharika is very sickening indeed but fortunately they form part of a very large stock of the boomerang weaponry in the DPP camp’s arsenal. This kind of confused leadership style is self-defeating, foolhardy and the most despicable that Malawians have ever witnessed !

  21. We are concerned why HRDC wants Nyirenda is it because he was in their syndicate. Chilima has also spoken on him because they know a replacement would not entertain shit from them. Nyirenda was part of the greater conspiracy for regime change and again they want him at the judiciary because they think government is going to object to the loot of 9.7billiom that they intend to steal from government and share.because judges who sat the election case have a share of this money according to the agreement.

  22. APM, don’t think you are God…. nzosiirana izi, mukamapanga zolakwika wina aliyense wokutsutsani kumamuchotsa. Your days are numbered, anali pompo enawo amawati amuyaya but they left. Be humble and loyal

    1. Arthur Peter Mutharika is a dictator, he even wants to take everything that belongs to Malawi in his hands as well as his tribe and region

  23. Zabvuta! Here is some useful advice to my DPP friends (borrowed from H. L. Mencken): When the water reaches the upper deck, follow the rats..

  24. Dziko amalamura ndi Anthu osati ma judge 23 Malawi iyakhura Please osazathangira ku court

  25. APM and Chief Secretary went overboard in the CJ matter. Some of us have always said that this cadet Chief Secretary is a thief and bastard.

    Now that there is an Injunction against APM and Muhara these bastards should be ashamed. What is their problem?

    Dzanja lalemba basi cadets’ nthawi yatha

    Muona kuti mupanga bwanji

  27. Chief justice Nyirenda is one vey sad old man so he has resorted to hide behind hrdc/judge mkandawire to grant himself an injunction. All the lake from karonga to mangochi and the CJ can’t find a resort to rest? Why is he afraid of taking a break? What kind of greed is this mpaka upange retire with unused leave days.

  28. Correction for names:
    BOTH ANDREW NYIRENDA AND MKANDAWIRE ARE ASSOCIATED BY LINKS OF PROFESSION IN COURT. MKANDAWIRE IS A SUBORDINATE TO ANDREW NYIRENDA HENCE HE CANNOT BE A JUDGE TO A CASE/CAUSE THAT AFFECT HIS BOSS/MANAGER. WE CANNOT RULE OUT APPEARANCE OF BIAS AND INFLUENCE OR THE PERCEPTION OF TAKING ORDERS/INSTRUCTIONS FROM HIS MASTER/BOSS.

    This is the case of MKANDAWIRE SAVING HIS OWN SKIN.

    Employer /Employee relationship should be resolved in some sort Employment Tribunal. Neither the HDRC nor the court has jurisdiction is employee/employer disagreements before the disagreement has been brought before some sort of relevant employment tribunal.

    HRDC is not an Employment Tribunal or some sort of relevant Employment Tribunal.
    HRDC IS JUMPING INTO BANDWAGON!

    The right thing for Mkandawire he should have thrown this cause out and advise HRDC to tell Nyirenda to present his grievance to relevant employment tribunal or body which can play that role for judges.

    MKANDAWIRE IS NOT A NEUTRAL NOR INDEPENDENT PARTICIPANT . HIS LINKS /LINE OF HIERARCHY WITH NYIRENDA MAKES HIM IMPOSSIBLE TO DISENTANGLE FROM THAT RELATION WITH NYIRENDA .

    This should invalidate this injunction and Leave pending retirement given to Nyirenda is not only active but also operating.

  29. DPP HANDS ARE VERY UNCLEAN, THEY ARE AFRAID OF EVERYTHING ,EVERY BODY EVEN THEIR OWN SHADOWS.DPP THINKS THE ONLY WAY TO WIN ELECTIONS ON 23RD JUNE 2020 IS TO HAVE COMPROMISED PROFESSIONALS IN KEY POSITIONS SUCH AS POLICE,ARMY,MEC, JUDICIARY ETC ?

    DPP DESPERATE WAY OF DOING THINGS HAS MADE CHAKWERA AND CHILIMA TO BE SEEN TO BE IN CONTROL OF GOVERNMENT BUSINESS 8 DAYS BEFORE VOTING.

    WHENEVER LMC AND SKC SAY SOMETING LIKE CHIEF JUSTICE IS NOT GOING ANYWHERE , IT HAPPENS. IF I WERE CHIEF JUSTICE I WOULD BE VERY MOTIVATED TO SWEAR IN CHAKWERA IMMEDIATELY THE VOTES WILL BE AT 50 +1 ON 24TH JUNE 2020.

  32. Muhara must be arrest effective immediately. He is not above the law. He is not above the Parliment which has power to impeach. He can not force the Chief Justice to retire. This is an illegal move and he must face the consequences.

  33. Ine Cadet wa DPP ndikuti akuluwa akapume. Inu zitsilu za opposition chaka chatha tsopono mukulira ngati zitete chifukwa chani?

  40. Which is which ?????

    On another article we learn that Judge Kenyata Nyirenda has granted injunction, while on this article we are being told that it is Judge Mkandawire – which is which here ???????????????

  42. This is an interesting and alarming twist.It appears judges want to protect each other. The validity of this injunction itself is questionable. Nemo judex in causa sua. is a Latin phrase that means NO ONE CAN BE A JUDGE IN HIS OWN CAUSE. IT IS THE LEGAL PRINCIPLE NOT ONLY OF NATURAL JUSTICE BUT ALSO THE RULE OF LAW THAT NO PERSON CAN BE A JUDGE IN A CASE IN WHICH THEY HAVE AN INTEREST.

    BOTH KENYATTA AND ANDREW NYIRENDA ARE ASSOCIATED BY LINKS OF PROFESSION IN COURT. KENYATTA IS A SUBORDINATE TO ANDREW NYIRENDA HENCE HE CANNOT BE A JUDGE TO THE CAUSE THAT AFFECT HIS BOSS/MANAGER. WE CANNOT RULE OUT APPEARANCE OF BIAS AND INFLUENCE OR TAKING ORDERS/INSTRUCTIONS FROM HIS BOSS.

    Hence this injunction is wholly invalid by association with Andrew Nyirenda.

    Nyirenda is on leave and the decision of his employer is valid and active.

    Remember the courts have no right to instruct the employer to take back the employee (civil servant) after being dismissed or sent for leave.

    If the dismissal or being sent for leave was either illegal or irrational the only compensation for Nyirenda will be a couple of kwachas but the court has no mandate to force employer to take back its employee whose services have been terminated or sent for an early leave.

    THIS IS THE RULE OF LAW. . COURTS THEMSELVES NEED TO FOLLOW THE RULE OF LAW AND NOT RUSHING INTO ISSUING INJUNCTIONS WHICH DO NOT FOLLOW THE RULE OF LAW ITSELF . JUDGES CAN NOT BE JUDGES ON THEIR OWN CASE/CAUSE !

    1. So who will be the arbiter other than the courts? Judicial Service Commission has the sole authority to retire judges. Nobody else

  43. Mukawona biggie akukamila mpando dziwani wayipisilapo. President and his vice won’t go chief justice won’t go. What is it with Africans They are so happy to die in office. Zoona bigman kuthawa holiday mpaka benefits from an injunction.

  44. Nyasatimes, you are a disgrace. Your lead part of the story you mention Kenyatta Nyirenda yet in the main report you correctly put Justice Charles Mkandawire.How much have you been paid?

  45. You mean to say the entire Chief Justice cannot defend himself against this if he is aggrieved. Please let stop this madness. Let procedures be followed. Please stop this nosense of running to the courts for everything. The court is not intelligent than everyone in the country.

  46. The earlier we get rid of this old gogo, NTCHONA baffoon, the better. When you think he’s run out of the road, he comes up with yet another bizarre unconstitutional move. Koma gogo ameneyu abale.

  47. There must be something wrong with leadership of Malawi especially executive.you have removed all intelligent people the spine of Malawi as of now and leave useless people in positions.This is bad for the nation

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