Kasambara challenges Muhara to reverse  Chief Justice forced leave notice

June 14, 2020 Watipaso Mzungu -Nyasa Times 50 Comments

Former Minister of Justice and Constitutional Affairs Ralph Kasambara has dared Chief Secretary to the Government, Lloyd Muhara, challenging him to rescind government decision to send Chief Justice Andrew Nyirenda on leave pending retirement or face repercussions.

Kasambara: Muhara must reverse his notice

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 Kasambara, who also served as the Attorney General during the Joyce Banda administration, laughs off the notice, arguing it is irregular, warning that it may prompt the Malawi Law Society (MLS) to go after Muhara if he does not reverse his decision.

“Bwana Hon Justice Muhara! I beg you in the name of judicial ethics. Please, withdraw that Notice. Otherwise, MLS will go for you and apart from yours truly who has no licence. Ikafika pa MLS attacking your move, it means zafika pa mwana wakana mkaka,” said Kasambara in his post on Facebook.

Kasambara is regarded as one of the brillilant lawyers on the soil but he lost his licence to practice as he was convicted to 13 years for conspiracy to murder former Ministry of Finance budget director Paul Mphwiyo. He  is on bail  after serving his sentence in prison for one year and seven months and now pending an appeal.

On his notice, Muhara said Nyirenda has accumulated more leave days than the remainder of his working days to his retirement date.

“In accordance with the Constitution, the most senior Justice of Appeal will act as Chief Justice until such a time His Excellency the President will appoint a successor,” reads the public notice.

But some law experts have faulted the Executive’s move and have described the development as a continuation of assault on the Judiciary.

Professor of law at University of Malawi’s Chancellor College, Garton Kamchedzera, said the Chief Secretary to Government has no such powers to ask the Chief Justice to proceed on leave, arguing “that is a shameful attack on the Judiciary”.

The Youth and Society (YAS) executive director Charles Kajoloweka accused Muhara of meddling in the tenure of office of the Chief Justice.

Kajoloweka challenged that the Chief Secretary to the Government does not have anhy business to meddle in the tenure of office of the Chief Justice.

“We know it’s the Executive’s attempt to overthrow the Judiciary. It’s a coup. We are all invited to stop this criminal scheme,” wrote Kajoloweka on his Facebook page.

The Chief Justice is appointed by the President on the recommendation of the Judicial Service Commission (JSC) and confirmed by the National Assembly by a majority of two thirds of members present and voting.

Justice Nyirenda will be remembered for the landmark ruling of the presidential election case in which the 2019 presidential election was nullified on grounds of massive irregularities.

Following the election appeal case judgment, President Peter Mutharika has been castigating the Judiciary for robbing him of his victory based on irregularities that never changed the original results of any candidate in the presidential race.

Chief Justice Nyirenda was born on 26 December, 1956, and was appointed Chief Justice in March 2015.

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50 replies on “Kasambara challenges Muhara to reverse  Chief Justice forced leave notice”

  2. Mbava zikuluzikulu zilikubwaro Ku sangalala. Kumasuka mpakana kumayakhula mwathamo. Koma samalani malamulo anthu amu ghetto sasamala zakuti ndinu ndani ikazafika thawi yootchya mbava tizakupangani chibudu ndithu. Baseweretsani amalawife

  4. A Muhara kupala mpakana ndi a Kasambala omwe kuwoneka ngati mngelo chifukwa cha blander yanu!

  5. I’ve heard that Jane Ansah will be appointed to in place of chief justice Nyirenda. Out Nyirenda enter Ansah.

  6. Kodi inu amuhara mukamapanga zinthu simawelenga malamulo sukulu zimene munapita inuzi ndiye ziti kapena ndi alamwako apitalo anangokuyika pampando

  7. Mwina munayiwala a Kasambara izi ndi zinzake za constructive resignation munamupasa Cassim Chilumpha. when he was Vice President. Chief Justice wa nyuwani will send you back to jail we understand your departure point

  8. Kodi chigawengachi chimakulipirani inu ma journalist a Nyasa Times kuti mudzichita relay ma Facebook post ake? The only place where he belongs is jail and Saulo Chilima’s government. I dont even believe Chakwera would allow him to feature anywhere in his government.

    How could a jailbird challenge a senior public servant? From which platform?

  9. What type of legacy will Professor Auther Peter Muthalika leave behind after 23rd June 2020?

  11. Kodi uyu akuyendera Belo yakukhothi kasambara akutokota bwanji? Kajaji kanuko ife takachotsa ntchito basi kazipita kukaya fotseki!!!

  12. This person was appointed by the government. Now the same government has decided that since you are about to retire and have accumulated leave days. May you please proceed on leave pending your retirement date. What is wrong with that? You mean the employee has any choice about that? This is laughable. May you please proceed on leave so that your friends can have a chance of becoming a Chief Justice. This is not a position for life. Kukakamira maudindo bwanji? Panali mai Msosa pamenepo, Bambo Munlo, etc. We have never heard anything like that.

    1. KASAMBARA IS ONE OF THE MOST INTELLIGENT LAYWERS, YOU IDOT.

      KASAMBARA IS TALKING SENSE UNLIKE MUHARA WHO IS SLEEPING ON HIS JOB.THE LAWS ARE VERY CLEAR, MUHARA HAS GOOFED AND MISLED THE PRESIDENT.

      1. Kasa mbara was never intelligent. He used to buy the judges. He is a thief and a murderer who should be in jail . I dont know why he is out talking crap and critising others- he must go back to jail. The judge who gave him bail is also a fraud

  14. a man with Zero moral standing, no integrity whatsoever. A man without a heart. A man willing to shoot another man for money. a bogus lawyer who has used corruption and nepotism to ride his way to the top. That man Ralph Kasambara. should shut his mouth otherwise one of these days someone will shut it for him.

  15. Nyirenda should leave the judiciary whether law society or not. Why did he have to accumulate all those leave days and this only shows corrupt tendency he was afraid that if he went on holiday whoever comes will discover the corruption he was doing. NYIRENDA is probably the worst chief justice. Apart from injustice he has tumbukalised the judiciary

    1. Foseki
      I don’t work for the government but if it is True why was he allowed to accumulate so many days. Again when did he start to accumulate thise days and what was the reason.

    4. Munthalika has lomwelised the executive,nawo a yawo akuwagwilitsa ntchito ngati ma condom

    5. Funso lopusa, typical of cadet, Ana ogunyata ngati adad awo omwe msunzi amamwera chigongono, ku panda mzeru.

  16. In every Western World Country Supreme Court Justices are appointed for Life to avoid the situation Malawi NOW FINDS itself in by an uneducated Dictator Professor.
    A NEW Government will have to CHANGE existing and Amend Laws SO THIS SITUATION NEVER HAPPENS AGAIN.Good Luck Mr President getting a Visa to the UK where the Common Wealth Jurists Association of 54 Nations has condemned your comments about the Supreme Court and failing to up hold the RULE of LAW. Good luck getting a Visa to the USA for attempting to disable a peaceful nation for your disregard of Democracy.

  17. kasambara’s biggest fear is that a new chief justice might revoke his bail and send him back to cell 51.

  18. Kasambala tikuziwa kut pano uli pa bail ndipo ukuopa kut abwiye akowo akapanga retire udzapitanso kundede munthu wakupha ngati iwe ndiye kumakuyikira kumbuyo nyirenda ko shame mukuonongatu dziko lathuli Mr nyirenda

  19. I just hope all these commentators speaking against the move have consulted widely and have also talked to C J Nyirenda himself. Otherwise, all I can decipher from their comments are personal opinions driven by their pathological hatred for the current Malawi Government and their allegiance to the various parties in the tonse alliance.
    Please, give us stuff which will help us to understand whether the government action is acceptable or not bearing in mind that any government in future can also find it convenient to take the same path depending on prevailing circumstances.

  20. Kodi ma lawyer athu mukumaganiza bwanji masiku ano. Mukutichitsa manyazitu. The process of employment/appointment is for employment, and retirement is a totally different process. Which chief justice was retired by parliament? Shame.

  21. Misala yalowa Ku DPP, you still believe
    putting mlomwe in every position that you can sail free,munthalika lachiforty li kukwanira and wofuna kudzakutengerani Ku khoti.80yrs ukukakamira upresident kukhala ngati udabadwira paupresident.We are watching DPP, we are watching.

  22. Malawians know that Kasambara is a bandit. He is not a brilliant person but a killers who conspired to kill a malawian citizen. He doesn’t have any credibility in law anymore and he has no licenses to practice in Malawi. Even the Chief justice can’t take an advice from the same nyapala he convicted for Conspiracy to Muder.

    1. You can say all want you want to say, APM is shitting in his pants that is why he is doing what he is doing, but Malawi is bigger than a muppet who calls himself a president.

      1. You are delusional if you are seeing that. You guys think that you can use the back door to get into power. The only victory you will have is the court case. You will never win the elections. Not now maybe in the future. Time for change has not yet come. Not with a bunch of hoodlums that make up MCP Alliance conglomerate.

  23. Atumbuka ndi chonco. Good riddance musatinyase zitsilu inu. Kodi honourable attorney general why is kasambara still walking around instead of being someone’s bitch in prison???mukonze pamenepa

  24. Who cares about this idiot criminals opinion. Munthu wokupha anzache,kuwombela anthu Kuba ndalama za amalawi anthu kukanika kupita kuchipatala. Chitsilu cha munthu. I hate this guy. Just drop dead usatinyase

    2. What about APM? very ironic. He didnt say he is not retiring, but he still has a year and months to do so and in line with retirement age. Kodi gogo uyu ndi amene akadapumatu. mumaganiza bwanji.

  26. The Chief Justice Nyirenda needs to go. Why didn’t he go on holiday all these years? He will make government waste money. Such behaviour of accumulating holidays in order for one to be paid so much government money paid when one retires is unfair.

      1. The president retires if he loses the election or if he does his 2 terms. Chief Justice retires at 65. If you factor in that he has 1 and a half year accumulated leave days. I see no reason why he shouldn’t proceed on leave pending his retirement date. It’s even very surprising that someone at his position can accumulate all those leave days. Something is very fishy here and why is everyone crying foul.

  27. Mr.Kasmabara the 13 years convict !!! Former Attorney General in the Cashgate Administration of Joyce Mtila Banda!! Why are you still on bail after two years?why are judges not tabling your bail application yet your colleagues Manondo is reducing his sentence ku Maula? I know your file is with Chief Justice Nyirenda that’s why the Case is taking long to be disposed off. Akachoka nyirendayo the case will come up for hearing and you will go back to maula prison no matter how long it takes.
    That’s why you are criticizing the Chief Secretary . If Nyirenda accumulated leave days indeed he has to go on early retirement to avoid government buying off his days. By the way nanu a Nyirenda why were you not going ku tchuti kukaona zizukulu zanu Ku kaya – Nkhatabay? Kuumilira pa ntchito! Pamene a government employ does not want to go on leave just know pali zomwe akubisa. Tsono nthawi yakwana zonse ziululika.

  28. That’s how you conduct yourself when you become a ‘chola’ boy doing the bidding of a clueless, brainless and shameless Mutharika!!!!!

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