Malawi Law Society slams Muhara over forcing Chief Justice to retire: Assault on Judiciary
Malawi Law Society (MLS) has launched a stinging attack on government Chief Secretary Lloyd Muhara over his notice to send Chief Secretary Andrew Nyirenda go on mandatory leave pending retirement.
In a statement signed by society chairperson Burton Chidongondo Mhango and secretary Martha Kaukonde, MLS described the move as an assault on the Judiciary.
“Malawi Law Society calls upon the executive arm of government to respect the Constitutional order and independence of judiciary as protected by the Constitution in the manner of appointment and tenure of the Chief Justice and other justices of the Supreme Court and High Court,” says the statement in part.
The society also called upon the executive arm of government to refrain from any attempts whatsoever to fire judges and compromise the independence of the judiciary.
Ironically, Muhara is a High Court judge seconded to government as chief secretary to
South Africa-based law professor Danwood Chirwa says Chief Secretary Muhara’s move is ‘unlawful and a clear assault on judicial independence’.
Muhara published a letter, dated 12th June, 2020, informing the general public that Nyirenda will proceed on leave pending retirement with immediate effect because he has accumulated more leave days than the remainder of his working days to retirement date.
However, professor Chirwa sees the move as an escalation of assault on the independence of the judiciary moving from mere threats on political podiums to concrete action.
“This is the work of a government, illegitimate to begin with, afraid of itself and of a likely loss on 23 June, desperate to take revenge on the judiciary before it left power,” argues Chirwa.
Chirwa, who is Dean of Law at the University of Cape Town, explains that the office of the Chief Secretary has neither business nor legal authority to comment on internal management decisions of the judiciary.
“The issue of leave, to be clear, is an internal HR issue over which the Chief Justice himself has ultimate authority. The Chief Secretary could do will to stay in his lane,” he says.
Professor Chirwa further expounds that Muhara’s notice has no legal effect, adding he has sought to arrogate to himself the power he doesn’t have, underlining he has acted without legal authority.
“He’s acted unlawfully. Even if he had legal authority, which he doesn’t have, the legal basis of his authority would be unconstitutional. Reasons: judicial independence and separation of powers,” he explains.
“Chief Justice Andrew Nyirenda will leave office on 31 December 2021, more than one and a half years from now.
“And so Chief Justice Nyirenda is not going on leave with immediate effect as intimated by Muhara. On the contrary, he still has more than one and half years to lead the judiciary, to the rule of law and the Constitution.”
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aMuhara mahara walije…wasuzga uchekulu.
A zipita ameneyo mbuzi ya ma chief justice Malawi muno ndiponso covid imugwire msanga afe.
Kodi Muhara sanakwanisebe zaka 65 kuti akapume akuoneka kuti iye ndi munthu wamkulu kuyelekeza ndi Justice Nyirenda
A Malawi amzanga invani izi …..Jane Ansah is an evil woman a devil incarnate……she is the one conniving with DPP to sent the Chief Justice and justice Twea the top two most senior justices on leave so that she can be crowned the Chief Justice herself since she is the third most senior justice.
The plot that DPP have is to make Jezebel Ansah the Chief Justice now so that when they lose the upcoming elections then they can go to the courts to launch a court case complaining about irregularities as Chilima and Chakwera did in the previous election.
The irregularities issue will definitely end up in the Supreme Court of appeal where Jane Ansah will be waiting to give DPP the much needed victory……this will be a sweet revenge for Jane Ansah on the judiciary for embarrassing her and also on Malawians for forcing her out of MEC unceremoniously.
Jane Ansah is a very evil woman and should never ever be allowed to go anywhere near the Chief Justice throne.
Muhara is a very corrupt person, who also wants to protect the billions he and other DPP zealots have stolen.
Muhara, APM, MERA and NOCMA people are currently involved in fuel racketeering through awarding of fuel transportation contracts to foreign companies.
Reason there is so many Tanzanian trucks / tankers on the roads of Malawi is because of APM and Muhara who are benefiting by giving contracts to Tanzanian companies.
This nasty DPP government has stolen so much from Malawians.
Alankhule Okha abwanawo bwanji? Chief Secretary ndi amene akusunga ma contract agreement. So abwanawo akuti chiyani za masiku a leave amene akunenedwawo? Akuchuluka, akukwanira kapena akuchepera pa 555 days zinenedwazi? Ndafunsa zimenezi chifukwa palibe NGAKHALE mmodzi mwa madolo onse akumvekawa akunenenapo za accumulated leave says.
I fully support HRDC and the Lawyers for dragging Muhara to court. He needs to explain himself before the court as to which laws he is using to force the Chief Justice to retire. Muhara could be arrested for interfering with the Judiciary.
I expected MLS to act with maturity in this issue unlike the other commentators who have already commented.
MLS should have called for an audience with both the Chief Secretary and CJ Nyirenda before issuing the statement.
Their statement should have included the outcome of their meetings with the two concerned parties.
That way, their statement would have guided anybody interested to come up with an informed opinion.
So far, all the opinions I have read have come from the same people who always criticise every move made by the current Government and this makes it difficult to judge whether they are objective and made in good faith.
Are you sure there’s no merit whatsoever in the decision made by the Chief Secretary?
No merit sir!
Zochedwetsa zokambirana. Do you expect the current caretaker government to listen to anyone?
This caretaker government has no respect for the law of the land. Best way to treat them, is just act, no negotiation with them.
infact its him apm who goes on retirement this month kkkk
Lameki you are a racist and one of the unwanted persons in the world.
Be ashamed of yourself for you know not of what you’re saying.
is Zione Mtaba a Tumbuka? what about Chombo, Chikopa, and others, r they Tumbukas?
Many Western Countries appoint their Supreme Court Justices for life so NOT TO BE influenced by sitting Governments or as in Malawi where a President wishes to change a peaceful Country into Anarchy and destroy Democracy.
STOP THIS PRESIDENT
Komweko, kuno ai.
Trying to create a vacuum so there is no one to swear in the next President Chakwera, and VP Chilima. And ofcourse revenge for not being open to bribes, and for all the cases that have gone against APM.
what kind of leadership is this. are you not ashamed of what you’re doing Lloyd? why can’t you advise the big adad the truth? Is it because he’s your cousin? Ndikuva nanu chisoni chifukwa nkhaza zanu mwaonjeza kwambiri and mukuphimba mmaso anthu opusa kumaonetsa ngati ndinu anthu abwino, Mulungu akuzindikilitseni kulakwa kwanu kuti musinthe ndikudziwa chilungamo.
chovetsa chisoni kwambiri ngakhale anthu ena amene ali ndi ma phunziro apamwamba mwapusilatu kumalola kumanamiza anthu zoona?
anthu akuchita kuonekeratu kuti akubisa kupha kwawo, umbava ndiumbanda koma anthu ophunzira ena kumapusitsika muli ndwiiii.
Muhara Muhara Muhara! how many times have I called you? you’re not the first to hold that position and what you’re doing has never happened even during B. Buluzis era when Malawi was in another strange and out pilot ship heading to unknown destination. remember that you won’t be there forever so try to leave good legacy
Do people worry about legacy, ask Chakwera, he will teach you that legacy good or bad never matters.
Cadets tell your a dad gogo to retire at 80yrs he still wants to delay our prosperity.Anthudi ena alibedi nzeru.
I am going to join the FIGHT against STUPID. TODAY.
Tumbuka society. The whole court system stinks of ziphwisi za chitumbuka. Get rid of all of them
Go to school alhomwe mukaphunzire. So you can be a chief justice.
Bwana sukulu simunapite nayo patali, intolerance and ignorance are best friends. We cannot allow such as you to determine the direction of this country. Muyambitse dziko lanu loyendetsedwa mwaumbuli, Malawi ndi wa tonse.
Ameen and Amen . Lyolyolyoooooh.
Who appointed the chief justice?
Parliment
Education and the qualifications goes together😂🤗🤝
We should not be wasting money paying judges who have chosen not to take holidays with the aim of syphoning money from our taxes.
MLS stop showing your stupidity. It is normal practice for people to take all their accumulated leave before they retire.
For what just retire bwana time up
Why are other people forcing the Chief Justice to remain when his time is up.He will enjoy a full salary for the rest of home life to exhaust his leave days.Why should he forfeit his leave days just for the sake of it,total nonsense.Let the retired Judge leave honourably without kumatchidwa.
I don’t see anything fishy here. It’s normal. It has happened to numerous employees. The employer is just within the employment contract terms. Justice Nyirenda, if he is a normal judge, would have been the one to remind or apply for this leave. Or mwina a Judge was sanamange nyumba nanga akuwumilira chani. Paja atumbuka!!
That’s how you conduct yourself when you become a ‘chola’ boy doing the bidding of a clueless, brainless and shameless Mutharika!!!!!
Let it be done so fast!!!
Muhara is a fool just acting on what his frustrated old outgoing boss, covid–Muthalika dictates to do.
Am not sure but in public service officers indeed go of leave pending retirement
Koma paja ma judge anadzipasa zaka zambiri za retirement 70, 10 more than any other public servant
I have just been informed that an arrest warrant has been obtained for Muhara for illegally interfering with the Judiciary. HRDC is dragging Muhara to court to explain himself properly.
HRDC cannot issue a arrest warrant and I question what right they would have to take Muhara to Court. Believe it would be the Chief Justice that would need to Sue the Government for wrongful termination or interference. HRDC could then support him. Certainly NOT in the BEST INTEREST of Government to do this NOW 10 days before an Election. Will lose many Votes for their interface of the Judiciary.
In the judiciary it is only Justice Dr. Jane Ansah who can be forced to leave her post but not the others. It appears that it is okay for one judge to be forced out by the mob and not okay for another to be forced out in the same manner by her employer. Same law same country same conditions of service. Get a life, the Chief Justice is out of the door just like Jane Ansah is out of the door. Mumakhala chete ngati Chief Justice ndi judiciary pamene anthu amachita assault independence of the judges and judiciary by agitating the removal of Jane Ansah your fellow judge without due recourse to administrative justice, endorsing the sham Public Appointments Committee hearing of the MEC and now what? We have created a Malawi that is able to violate its own tenets of Administrative Justice, now you will eat the same fruits of Administrative Injustice only that now it is not directed at Jane Ansah but at the Chief Justice. Go yea CJ and enjoy your sour fruits.
A Muhara, chonsechi kufuna kuthawa mulandu wopanga bribe ma concourt judges ndi m’bale wanu Thom kkkkk ndiye mwachedwatu. Pepani madzi achita kale thope. Just prepare yourself for jail in two weeks time. CJ is going nowhere
Indeed this is strange muhala is mastermind of DPP government and any thing that happened around this government is muhala’s plan with corruption mind. But time it’s over for government to remain on power that is insult from muhala to judiciary this must stop