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.

Chief Secretary to the government Llyod Muhara : His notice to retire Chief Justice  is void , abuse of office and an assault on Judiciary where he is a judge of High Court
Choef Justice Andrew Nyirenda:  Being forced out

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.”

Follow and Subscribe Nyasa TV :

Sharing is caring!

0 0 vote
Article Rating
40 Comments
newest
oldest most voted
Inline Feedbacks
View all comments
Shyman
Shyman
3 months ago

aMuhara mahara walije…wasuzga uchekulu.

timothy
timothy
3 months ago

A zipita ameneyo mbuzi ya ma chief justice Malawi muno ndiponso covid imugwire msanga afe.

ankhwinda
3 months ago

Kodi Muhara sanakwanisebe zaka 65 kuti akapume akuoneka kuti iye ndi munthu wamkulu kuyelekeza ndi Justice Nyirenda

Mbonga Matoga
Mbonga Matoga
3 months ago

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.… Read more »

Shatta
Shatta
3 months ago

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.

KKKK
KKKK
3 months ago

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.

Kandulu
Kandulu
3 months ago

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.

DKC 2000
DKC 2000
3 months ago

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… Read more »

Mulakho Gondolosi
Mulakho Gondolosi
3 months ago
Reply to  DKC 2000

No merit sir!

Shatta
Shatta
3 months ago
Reply to  DKC 2000

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.

GOLOGOLO
GOLOGOLO
3 months ago
Reply to  DKC 2000

infact its him apm who goes on retirement this month kkkk

Phalombe man
3 months ago

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?

Barristers United
Barristers United
3 months ago

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

Mwini muzi.
3 months ago

Komweko, kuno ai.

shares
Read previous post:
FA Malawi applauds Mutharika for Bullets, Wanderers stadia project

Football Association of Malawi (FAM) President, Walter Nyamilandu on Saturday hailed President Professor Peter Mutharika for honouring his promise to...

Close