Kasambara challenges Muhara to reverse  Chief Justice forced leave notice

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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Mtembo sugeya
Mtembo sugeya
8 months ago

Uyu ndi uja Ali pa bail nkhani zonga zomwezi …..palibe wabwino apa

Tonse Mademo
Tonse Mademo
8 months ago

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

Namatetule
8 months ago

Why say ‘Former Minister- his current description is criminal at large- ex- convict

Marium Balaki Kuyer
Marium Balaki Kuyer
8 months ago

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

Mina
Mina
8 months ago

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

Chipato mike
Chipato mike
8 months ago

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

Mofolo
Mofolo
8 months ago

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

Kamuzu Mbewe
Kamuzu Mbewe
8 months ago

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?

Mwambalanganya
8 months ago
Reply to  Kamuzu Mbewe

Because he is incompetent

chechamba
chechamba
8 months ago

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

Jess
Jess
8 months ago

Awa akamwa ma ARV kuvuta

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