Judiciary clarifies on status of Chief Justice, other Malawi Supreme Court justices
The Judiciary, a key arm of government, has asserted that Chief Justice Andrew Nyirenda shall continue to discharge his duties together with other Justices of Appeal (JAs) “ as per their Constitutional mandate”, despite the Executive ’s pushing Nyirenda for forced leave, pending retirement.
In a statement, signed by High Court and Malawi Supreme Court of Appeal registrar Agness Patemba has contradicted the notice filed by Chief Secretary in the Office of President and Cabinet, Lloyd Muhara that Chief Justice Nyirenda had accumulated more leave days than the remainder of his working days to his retirement date.
But the Judiciary statement clarified: “As a matter of fact, the accumulated leave days for the Honourable the Chief Justice and Honourable Justice [Edward] Twea are less than what is mentioned in the letters by the Chief Secretary if calculated in accordance with the Conditions of Service for Judicial Officers.”
The Judiciary statement said Nyirenda and other JAs have accumulated leave days over the years because they were prevented from taking all their entitled leave days due to “exigencies of their office.”
Patemba said in a statement that Justice Anthony Kamanga will retire September 2020; Justice Jane Ansah retires October 2020, Justice Twea retires April 2021; Justice Dustan Mwaungulu retires June 2021; Justice Anacklet Chipeta retires July 2021 while Chief Justice Nyirenda retires December 2021.
In case of Ansah, the statement said she opted to apply leave pending retirement.
It also said Mwaungulu is stuck in United Kingdom and cannot travel back home due to the lockdown travel restrictions.
“Other Justices of Appeal of the remaining seven have been prevented from proceeding on leave on the accumulated leave days to ensure that the Supreme Court of Appeal business should not stall,” reads part of the statement.
Patemba said regarding the succession plan for the Supreme Court of Appeal, the Judiciary wrote the Ministry of Finance and Economic Planning on February 11 2020, requesting funds to initially appoint four JAs.
“We equally sought authority from the office of Depart of Human Resources and Management Development and also engaged the Minister of Justice and Constitutional Affairs, to lobby for funds to appoint the four Supreme Court of Appeal Justices.
“Government responded that it had no funds to appoint four Justices of Appeal,” reads the statement.
Meanwhile, the High Court of Malawi on Sunday granted two separate orders stopping the process to have Chief Justice Nyirenda proceed on leave pending retirement.
a public notice dated June 12 2020 from Muhara—a judge of the High Court on secondment to the Executive— states that the Chief Justice should proceed on leave to clear his days pending retirement and that his replacement would be appointed in due course.
Muhara’s notice has drawn a backlash from various stakeholders, including legal scholars, the Evangelical Association of Malawi and the Association of Magistrates in Malawi.
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Nyirenda if you have accumulated leave days just go this is not politics that we can keep somebody who is aged if anything join politics where you can get the room for that but employment is based on that and no need for this to be emphasized to you or you are coward to adopt the changes that’s life and its very dynamic.
The judiciary should have made public judicial service charter that talks of holidays or leave..I don’t think government is acting from a vacuum. Their decision is based on facts. I remember Munlo and Msosa proceeded on leave pending retirement but Nyirenda insists to stay on because he is part of the regime change regime. As a judge he has a mouth to speak but is influencing people to speak for him. Nyirenda should leave the judiciary alone because clinging to the position raises suspicion.
Pepani a DPP dziko lakudani….. kukhala team ndiye pano Muli relegation…..,no viable tactics. Please go back to basics
CJ is only accountable to parliament not some useless fake prof of nepotism. CJ is going no where. Foolish Peter thought he can easily mess around with the Judiciary. He will continue learning it the hard way.
Chokani macadets inu osamuuza Peter Munthalika Kut akapume bwanji? Pakati Munthalika 80yrs ndi chief justice akuyenera kukapuma ndindani?Dpp leaders akuyenera kumangidwa basi.Mbuli zina za macadets zingo commenta mopanda nzeru, rubbish.
Instead of himself Muhara who’s Contract expired on 19th December 2019 should go but thinks he has that audacity on forcing innocent CJ to retirement ?? That’s a joke, CJ is here to stay and punish you accordingly on 23rd June.
CJ is going no where , if u thought this is another Nundwe your favourite push over then you were making big mistake .
Makadeti akunva kuwawa zedi because chiyembekezo chao chinali pa Jane Ansah yemwe akuoneka kuti ali pa alliance ndi DPP.
Chief Justice is not going anywhere. The DPP evil plans have failed and exposed. The writings are on the wall. DPP is packing and going, come 23 June, 2020.
I feel sorry for Agness Patemba, you look young koma wa joina Atumbuka, wait and see, ili ndi dziko
She is just following the rules. Many people are educated ndiye mzovuta…..
She got married to Mzuzu Based Burundian. Kuthawa amuna a khope ngati za Kanyatta ndi munthalika
For your info she is also Tumbuka . We thank God for every patriotic Malawian irregardless their tribe.
This comment 👆🏿👆🏿is a recipe for tribalism. Anzanu in USA and Africa as whole are fighting racism and you are fueling tribalism in a poor country like Malawi?
Even if Patemba has joined ATumbuka, ATumbuka si A Malawi? Why do you campaign among them, soliciting their votes? Why don’t you leave them alone?
Comments should unite, not divide.
To Management of Nyasatimes, when moderating comments, you should edit or not post tribalistic comments. This does not help Malawi as a nation.
Muthalika is one of the oldest presidents in the world and watha fungo asatisokoneze. Go in the bush you will find older male animals ousted by younger and energetic ones. Munthu is losing memory and I saw him live on Saturday at Nyambadwe. Failing to articulate issues and kumangolira basi. Munthu mpaka kuvomereza kuti anagendedwa ku Ndirande nkumanamizira opposition? Ndani ku opposition angafune his supporters to be short dead by security forces. Everyone in opposition would want to see the tipex president go. He stole victory in 2019. He was assisted by Jane Ansah, Kunje and Mathanga. These women must have aborted innocent children before. They are merciless creatures. Very selfish.
Nkhaniyi kumayimvetsa inu ma brainless cadets. Ili apa ndi nkhani ya malamulo. Ngati malamulo akuti nthawi yawo sinakwane kupanga retire zikhale choncho. Ngatinso akuti a President pulofesala alibe mphamvu zowachotsera a Chief Justice ndi nchoncho basi. Koma poti munazolowera kuphwanya malamulo ndiye mwati ulendo uno zithekanso. Mwaonanso nyekhwee ina.
CJ Nyirenda bwanji kodi kukamila pa mpando? Munlo also took an early retirement due to the political situation. APM appointed you bwanji simunakane appointment? APM has dismissed you ndiye mukukana? There is no way you can say that you have equal powers to the President being Head of the Judiciary. If APM has wronged you you have the courts to resort to but vacate the office. You do not slap APM and expect that he will not slap you back. I like APM now he is more like Donald Trump. More fire APM ndi akamuna pa 23 pano Nyekhwe ina ndiye uzawona judge wina akulumbilisa APM osati CJ. He he Nyekhwe koma kumeneko sewelo lija likulowano chigawo chomaliza. ha ha ha Muboma ukawona anthu akuti bwana ndi wabwino asachoke pamalo umangodziwa kuti pamalopo bwanayo amalola mchitidwe wokuba ndalama zaboma mwachisawawa muwerenge ma audit report a Judiciary zaka ziwiri zapitazi fuel sawoneka kumene amapita. Ma allowance opanda justication judiciary imeneyo under CJ Nyirenda kuphatikizapo ma judgement opanda proper sentencing guidelines by the CJ mpaka ma convicted prisoners being given bail under the CJ watch, Pure incompetence APM has kicked you out go go go..
walakwani chani?inu umasungula Jane Ansah woti analephera ntchito
My friend remember APM is an idiot coz he doesn’t follow procedure when conducting his business. He is a dictator, he hates any person who tells him the truth. Nyekhwe after nyekhwe. And expect a final NYEKHWE on 23rd kkk
kulira kwa cadet kkkkkkk
Why not APM going away when Malawians do not want him ???????
Bwanji nayenso akukakamila waonapo Chiani pa mpando wakewo ????????
Very good intelligent question. Remove the log in your eye so that you see properly to remove a small speck in your neighbor’s eye🤣🤣🤣🤣!
Cadet iwe ukunama. Bwanji ambwiyako a Mutharika akukamirabe udindo? Unayamba wawafunsa? Chodziwika nchakuti mwagwa nayo evil plan yanu.
Once the President has appointed the Chief Justice, your powers end there. The president has no powers over Judicialy……….proffessor of Law can not even understand the Malawi constitution…..after kunamizidwa ndi achina KAPHALE………kkkkk waputa yolakwika, apa nde usamba matope.
These appeasement judges are afraid to go on leave because they are not yet over with their regime change agenda . Tumbuka judges are the most corrupt ones that’s why the whole judiciary is full of mbwenumbwenus. When one of them ascended to power he made sure only to employ people from kukaya. It was a well calculated move to fill the judiciary with only wakwithus. Even at Chanco, they made sure only to enroll atumbuka into the law faculty that’s why they are all over in courts. Nyirenda wanuyo apite ku holiday basi. Kodi akukaniranji kupita ku tchuthi pamene his employer is saying he is due for leave? Fotseki!!!
When one of the Tumbuka Judges gave APM presidency pakati pa usiku sanali corrupt koma panopa asunduka ma corrupts ????
Alomwe Alomwe Alomwe Mwadya 1 u ……
It does not make any sense that the Chief Justice is clinging to his position. Why hasn’t he been taking leave all this time? What has he been hiding? Was it about him getting allowances?
Bute leave is optional it is never compulsory. One can choose to forfeit leave days palibe mulandu uliwonse. Do not complicate zinthu apapa
If you dont take leave days, government is forced to buy them thus why officers take or advised to take leave the accumulated days before retirement
Izi ndiye zina izi. Munazolowela Jughead ntchito Ku farm eti?
which clinging are you talking about, you cadet?
I think they need to start CIVIC EDUCATION in schools again. The level of ignorance on separation of powers is beyond comprehension.
Apita bwanji ku tchuthi ozanu akudalira zithumwa mu office. chithumwa sichingakhale pachoka ambuye atapita ku holiday?
These judges are not going no where because they have to wait for their cut of the 9.7 billion which they awarded to Chakwera and Chilima. If anybody comes in they might overturn this theft hence the have to stay put so that when the lawyers come they should order government to pay.
What about the dubious one going to kaphale and dodgy South African lawyers?
Why has Muhara deliberately skipped Goodall Gondwe who even goes to his office with a walking stick, and did you also see him at Atupele’s rally… He is real old but him couldn’t go on him… Whatever you say, change has come to stay and mother Malawi will be saved.
Which government office my brother
NYEKHWE, WHY FORCING……….
No he must go. Watinyasa kokwana
CADET NYENKHWE 🦆
Cadet walira mokweza kkkkkk
Munyatu mukhaula a Bauleni simunati mwangoyambapo nyekhwe after nyekhwe, musova muona kuti mutani Justice Nyirenda sakuchoka tikumvana eti banyansidwani
Those who love their job too much, usually die within six months of leaving office due to having nothing to do. Don’t pass an early break mr chief justice, you will find resting is good for your troubled heart. Visit dziwe la nkhalamba, nice place to be. Go, shoot some game at Nyika National Park. Taste some philippino women in Bali or seychelles. Go and cool off your brain after the biggest judgment of your life. Ignore the exigencies of the opposition!
Cadet 🦆
hahaha I think it is your gogo APM that needs an early rest, ku dziwe la nkhalambako akacheze ndi nkhalamba zinzake. Leave the CJ alone he will go when his time comes which is December 2021 Q.E.D!!
Mumakanika kumuchotsa Jane Ansa, awa ndie ophweka kuwapumitsa
Cadet wafinyidwa
KKKKKKKKKKK,Every sinister move by Mulakho FC is crumbling down,bad omen indeed.This is God fighting our cause,shame to the devil and his stupid cronies.WIND OF CHANGE BLOWING HARD KKKKKK
“Mwaungulu is stuck in United Kingdom and cannot travel back home due to the lockdown travel restrictions”
I cannot believe that he is truly stuck in the UK. Ethiopian still fly from London to Addis. Another aircraft flew from Addis to LLW in the last couple of weeks to repatriate other Malawians.
The government does not have enough money to repariate Justice Mwungulu. The money was all spent on chartering a plane for Bakili from South Africa because he is more Malawian than the justice and other Malawians stuck elsewhere abroad.
so it is true they have accumulated more leave days? tell us how many days and how different are they with what chief secretary said.
You don’t force someone to go to leave but at your own will you can apply to do so.
You know nothing about labour laws. Go read and you will find out that you can force an employee to go on leave. It’s a health and legal requirement.
Send the President as well, he is tired wabindikila ku state house
If you know labour laws then why not go and be Muhara’s advocate
Is it possible for HR management from Reserve Bank of Malawi forcing an employee working at Malawi Post Office to go on forced leave pending retirement kkkkkkkkk these political bullies lol!
Mwini muzi uyambe petulo wanuyo ndi okalamba kuposa chief Justice zopusa basi mukhaulatu ma cadet simunati
Ignorance at its best. Thus why amakuchindilani akazi anu.
Why
Very diplomatic. (..and do not try to read between the lines!)
Koma mulakho wavutika chaka chino,atere zayang’ana kungolo atere mazi achita katondo,eish,koma mwanya nayo,nyekhweling yourself kikikiki
Usatukwane a Lomwe uwawona nthawi ya chisankho, myumbuka achita manyazi