World’s law professors and academics condemn Executive assault on Malawi Judiciary

June 15, 2020 Nyasa Times Reporter 50 Comments

We, law professors and academics from around the world, note the judgments of the High Court  of Malawi sitting as a Constitutional Court and of the Malawi Supreme Court of Appeal, which held that the presidential election held on 21 May 2019 was marred by unlawful and unconstitutional actions and irregularities, and therefore that there must be a fresh presidential election. These judgments also provided guidance on the standard to be used when determining the winner of a presidential election.

Law expert Danwood Chirwa: One of the signatories
Prof Mtende Mhango: One of the signatories

We note that all parties, including the government, had previously committed, and are under a legal obligation, to respect determinations of the courts.

We are deeply concerned about coordinated attempts by the government to undermine the judiciary, including statements by President Peter Mutharika falsely accusing the judiciary of having staged a coup against his government and claiming that Parliament is supreme in Malawi, and an attempt by the government to repeal the two judgments via Parliament.

We are extremely concerned that the Chief Secretary to the Cabinet has issued a public notice and written personal letters to the Chief Justice, Mr Andrew Nyirenda, SC, and Justice of Appeal Mr Edward Twea, SC, ordering them to take leave pending their retirement and intimating that the President will appoint a new Chief Justice.

These actions constitute an unprecedented assault on judicial independence in Malawi. We hereby condemn them in the strongest terms.

We note that all judges in Malawi are by law guaranteed tenure until they reach the age of 65. We note that Chief Justice Nyirenda is due to retire on 31 December 2021 and Justice Twea on 31 April 2021. We also note that the conditions of service for judges in Malawi provide that leave is optional. Hence, no judge can be forced to take leave at any time of their judicial tenure. Moreover, the Chief Secretary has no legal authority to direct Chief Justice Nyirenda and Justice Twea to take leave.

We call upon the government of Malawi to uphold the rule of law and constitutionalism and to respect all court judgments. The government must refrain from attacking individual judges and from undermining the judiciary.

Signed

    1. Migai Akech, Professor of Law, University of Nairobi
    2. Philip Alston, John Norton Pomeroy Professor, New York University School of Law
    3. Kevin Bampton, former Professor of Law and Secretary to the 1994 Malawi ConstitutionCommittee
    4. Chikosa Banda, Senior Lecturer, University of Malawi
    5. John Barker, former Lecturer of Law, University of Malawi, Director of Cambridge Governance Labs and Fellow of the Lauterpacht Centre for International Law, University of Cambridge
    6. Christine Bell, Professor of Constitutional Law, University of Edinburgh
    7. Edwin Bikundo, Senior Lecturer, Griffiths University
    8. Roger Burridge, Emeritus Professor, University of Warwick
    9. Lilian Chenwi, Professor of Law, University of the Witwatersrand
    10. Enoch Chilemba, Lecturer, University of Malawi
    11. Danwood Chirwa, Professor and Dean of Law, University of Cape Town
    12. Hugh Corder, Emeritus Professor of Law and former Dean of Law, University of CapeTown
    13. Peter Danchin, Professor of Law, University of Maryland
    14. Surya Deva, Associate Professor of Law, City University of Hong Kong
    15. Jacques de Ville, Professor and Dean of Law, University of the Western Cape
    16. Pierre de Vos, Claude Leone Foundation Chair in Constitutional Governance, Universityof Cape Town
    17. Rosalind Dixon, Professor of Law and Director of the Gilbert & Tobin Centre of Public Law, University of New South Wales
    18. Wesahl Domingo, Associate Professor of Law and Head of the School of Law, University of the Witwatersrand
    19. Donald F Donovan, Partner, Debevoise& Plimpton, Adjunct Professor, New York University School of Law
    20. Solomon Ebobrah, Professor and former Dean of Law, Niger Delta University
    21. Hiroshige Fujii, Assistant Professor of International Law, University of Utsunomiya, Japan
    22. Yash Ghai, Emeritus Professor of Law, University of Hong Kong
    23. James Gathii, Wing-Tat Lee Chair of International Law and Professor of Law, Loyola University of Chicago School of Law
    24. Avinash Govender, Professor and Dean of Law, Nelson Mandela Metropolitan University
    25. MicheloHansungule, Professor of Law, University of Pretoria
    26. Christof Heyns, Professor and Former Dean, University of Pretoria
    27. Jeffrey Jowell, QC, former Director of the Bingham Centre for the Rule of Law, Barrister at Blackstone Chambers
    28. Laurence Juma, Professor of Law, Deputy Dean, Rhodes University
    29. Evance Kalula, Emeritus Professor of Law, University of Cape Town
    30. Garton Kamchedzera, Associate Professor & former Dean of Law, University of Malawi
    31. Fidelis Kanyongolo, Associate Professor & former Dean of Law, University of Malawi
    32. Pamela Katz, Professor of Political Science and Legal Studies, New York University
    33. Jonathan Klaaren, Professor of Law and former Head of the School of Law, University of the Witwatersrand
    34. Heinz Klug, Evjue-Bascom Professor of Law and Director of the Global Legal Studies Centre, University of Wisconsin Law School
    35. Sandra Liebenberg, HF Oppenheimer Chair in Human Rights Law, University ofStellenbosch
    36. MusavenganaMachaya, Lecturer, Great Zimbabwe University
    37. SunduzwayoMadise, Dean of Law, University of Malawi
    38. Tshepo Madlingozi, Associate Professor of Law and Director of the Centre for Applied Legal Studies, University of the Witwatersrand
    39. Bernadette Malunga, Lecturer, University of Malawi
    40. Mtende Mhango, Professor and Dean of Law, National University of Lesotho
    41. TiyanjanaMaluwa, H Laddie Montague Chair in Law & Professor of Law andInternational Affairs, Penn State University
    42. Melvin Mbao, Emeritus Professor and former Dean of Law, University of the North-West
    43. Christopher Mbazira, Professor and Principal of the School of Law, University of Makerere
    44. Gay McDougall, Senior Fellow and Distinguished Scholar-in-Residence,
      Leitner Center for International Law and Justice, Fordham University School of Law
    45. BenyamDawit Mezmur, Professor of Law and Deputy Dean, University of the WesternCape
    46. Tshepo Mongalo, Professor of Law and Head of the Department of Law, Monash University South Africa
    47. AdmarkMoyo, Senior Lecturer, Great Zimbabwe University
    48. Chantelle G Moyo, Lecturer, Great Zimbabwe University
    49. John Mubangizi, Professor and Dean of Law, University of the Free State
    50. George Mukundi, Adjunct Professor of Law, University of Cape Town
    51. Owen Murozvi, Lecturer, Zimbabwe Ezekiel Guti University
    52. Christina Murray, Emeritus Professor of Law, University of Cape Town
    53. Valentine Mutatu, Lecturer and Head of Public Law, Midlands State University
    54. Makau Mutua, SUNY Distinguished Professor and the Floyd H and Linda Hurst Faculty Scholar, School of Law, University at Buffalo
    55. Willy Mutunga, Former Chief Justice of Kenya and former Lecturer in Law, University of Nairobi
    56. Lea Mwambene, Professor and Deputy Dean of Law, University of the Western Cape
    57. JayanNayar, Associate Professor of Law, University of Warwick
    58. Caroline Ncube, DST/NRF SARChI Research Chair in Intellectual Property, Innovationand Development, University of Cape Town
    59. Muna Ndulo, William Nelson  Cromwell Professor of International and Comparative Law, Cornell University School of Law
    60. MwizaNkhata, former Associate Professor and Dean of Law, University of Malawi
    61. Clement Ng’ong’ola, Professor of Law, University of Botswana
    62. Enyinna Nwauche, Professor of Law, Nelson Mandela School of Law, University of Fort Hare
    63. Desmond Oriakhogba, Lecturer, University of Benin, Nigeria
    64. Abdul Paliwala, Emeritus Professor of Law, University of Warwick
    65. Geo Quinot, Professor of Law, University of Stellenbosch
    66. Henry Richardson, Professor of Law, Temple University School of Law
    67. Theunis Roux, Professor of Law, University of New South Wales
    68. Sharifah Sekalala, Associate Professor, University of Warwick
    69. Issa Shivji, Emeritus Professor of Public Law, University of Dar es Salaam
    70. Nicola Smit, Professor and Dean of Law, University of Stellenbosch
    71. James Tsabora, Senior Lecturer, University of Zimbabwe

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50 replies on “World’s law professors and academics condemn Executive assault on Malawi Judiciary”

  1. Mutharika has exposed himself to be corrupt, wicked and shameless through the 2012 Midnight Six saga where he eXported the dead body of his late brother Bingu to SA, the 2019 Fraudulent Presidential elections where he used tippeXed results to claim re-election and the 2020 Chief Justice removal plot where he plotted to aXe the current CJ to replace him with the court-declared incompetent and corrupt Jane Ansah. Mutharika has attributes suited for an underworld (mafia) boss and not running any country–he will do anything to ascend to the highest office on the land and commit any transgression to remain in office!!! Plz Malawians heed this and save yourselves from Mutharika’s corruption, wickedness and cluelessness in plain sight for you all to see!!!!!!!!

  2. Chilima said is with what judges reminded Mutharika of no rights to fire chief Nyirenda & I wondered why some of the citizens mocked chilima about this idiomatic judgement from whom you call president of yours. Look how he has divided this country, Muhara contract expired last year.
    Today I acknowledge that Mutharika is not a professor in law but a professor in lies & cretins. 68 professors in law are not opposition leaders that can agree with what the truth chilima said about Chief Nyirenda that is going nowhere. My question to Mutharika’s followers, which university your professor went & studied regionalism? Mr. Peter just retire, you’re not capable to be a leader of the nation, maybe in your house. Kkkkkk munama abwana anzanu kutsutsa chifukwa malamulo akuwadziwa. Kodi inuyo zochotsa wankulu wamaloya ziri m’manja mwanu, akupusitsanitu apa anyamatawa chifukwa aona kuti uporofesa wanu ndi wa gandule.

  4. APM will likely NEVER receive another Honourary Degree or be invited to speak at a Law University in the future.

    1. The old man has lost any grain of respect & integrity. We are now a LAUGHING STOCK . A professor of law as president who cannot even respect himself at all. He probably indeed FAKE.

  6. World law professors and academics!!!! I see 65 characters. 22 South Africans, 11 Malawians, 8 US, 6 UK (most from Africa), 5 from Zimbabwe, 2 each from Nigeria, Uganda and Hong Kong, and 1 each from Japan, Botswana, Lesotho and Tanzania. Surely this is not the world.

      1. They should wait for it to grow. Otherwise it’s premature to talk about “world academics”.

      1. Yes. 65 unelected people cannot pretend to speak on behalf of more than 120,000 “world law professors and academics”. This is FRAUDULENT.

    3. Such ignorance anything beyond the border of Malawi is the rest of the World SHAME the President educated in the UK and USA has embarrassed Malawi by disrespecting THE RULE of LAW and the Supreme Court that other Countries are taking Notice of the President’s POOR Behaviour when he himself holds himself up as a Lawyer.

  7. I wish that some from Mutharika’s last place of employment in the US could have signed, ie Washington Uni, St Louis, Missouri.

  8. Their meetings are written in Tumbuka. What kind of association full of Tumbukas only and fake white people? We don’t have law scholars from other 25 tribes in Malawi? This is a Mbwenumbwenu society.

  9. Adadi chikawachitikila ndi chiyani abale inu masiku okutha ithawa ndikuona mawu amati ukafuna kukwatira uzionesesa akadzi ena amakupitisa kuphompo

  11. The whole world is watching…..Ma cadet the names you see above are professors of law not a pulofesa anu awa osatha ku yankhula kikikikiki please do shame

  13. Even if this petetion was signed by world law President but Nyirenda should leave the judiciary for being part of the conspiracy for regime change. It bothers me why he is asking people to bid for his continued stay at the judiciary..We know he is waiting there so that he continues to block all the attempts by the DPP to seek redress. No one can convince me that all the defendants lawyers don’t know law but only the petetioners lawyers..

    1. No regime Change we are HAVING an ELECTION, regime Change is when there is NO Election the President goes into Exile or is killed that DID NOT HAPPEN.

      1. @United
        And the playing field is level even for APM to compete fairly. No regime change but respect rule of law

  14. Signed by real educated Professors. Can APM also produce his list of Students he graduated as Law experts from witchcraft University of Ndata? APM is a disgrace to Malawi. His days are numbered.

  15. Imagine APM presenting his CV for judicial review by a panel of professors of law drawn from the international fraternity of fellow academics of close to 70 in number, and let’s say that all the members of the panel decide to indicate their thumbs down by marking with an X on any of the cv pages using the now famous tipp-ex correction fluid what would APM’s cv look like with 70 Xs all over the pages? Very colorful hey? I guess that’s what the May 21 2019 Malawi elections look like all around the world. APM is making history on the international scene for all the wrong reasons! And Lloyd Muhara’s cv is probably in danger of being tipp-exed as well but who cares as long as he (Muhara) is handsomely rewarded with billions of Malawi Kwacha to live on for the rest of his miserable career days on this earth!! Good luck destroyers of democracy! The whole international community is watching Malawi as you can possibly see if at all you have any good vision left!

  16. Nowhere is it written that you will be president till you die. A jury of your peers has convicted you, and landed on you big time. Zamanyazi!!!

  18. I just can’t figure out how APM and Muhara will face their friends lawyers from around the world and how particularly him Mutharika will face other heads of states.
    Muhara, a judge of High Court on secondment at OPC, his contract expired on the 1st of December 2019, yet he is busy forcing others to go on leave.
    Shameless Thieves!

  19. Where and how did Peter Muntharika got his professorship? Should we say politics is a game of savages or is it that politics, money and power corrupts and blind even those that are regarded as intelligent? Mluzi was bad and a savage but never stooped so low as this old idiot that has disgraced our nation to this point.
    A good leader is someone who take advice from anybody and everybody then blend those with his own knowledge and wisdom there-after come up with a masterpiece decision not noise from Street vendors like Mchacha and Ben Phiri.
    Remember, the team you choose says alot about you as a leader and the results you get are a product of the team you choose, then why a whole professor chose to surround and take advice from idiots? Because he’s an idiot himself.

    3. Martin I like your comment….,,birds of the same feathers flock together…,, mchacha, Dausi Geldezer snd DR Ben Phiri……

  20. I beg to differ with these people and some looking at their countries are worse. First of all , let us stop this nonsense to think that judges or lawyers are supreme thinkers. Secondly, they have to know that there is what we call “ Judgement errors “ and in any democratic nations people are free criticise. Not all can have the same opinion. The evidence is based on appeals that take places in courts, as well as the reversal of Supreme Court rulings by lower courts, which indicates judgement errors and not all having same opinion. We know law is an interpretation based on how one feels it should be. It is not perfect always. The world has seen people convicted for offences they never committed and others hanged and others released after serving in jail and proved not guilty.

    1. But you are denying the fact that APM is wrongly forcing the judge to go on leave. You are also not denying the fact that our laws state that for The judge to go on leave is optional. You are only disagreeing with these judges.

    2. Let me educate you as well, when the judgement is error there is a way called amicus reconsideration. That is where outside parties helps the court either objecting or supporting. What you see here is madness and as stupid as you sound, I would advise you to keep quiet

  21. A group of the Chirwas, Mhangos, Madise,Kanyongolo,Nkhata and the Moyos with a bunch of non existent white names. Created Dzana to annoy government.munya muwona. One way or another we are cleansing the judiciary of nepotism. Nomore wakwithu. Nyirenda is going one way or another. The whole judiciary only Tumbukas? Nyekhwe basi

    1. Because they are well learned. That’s the reason. The way you talk it shows that you are an empty vessel that doesn’t know anything about education. Those judges you ate talking about are there by merit. If you talk about nepotism then you should speak to APM. He knows better about that word.

    2. Google those names and their institutions, don’t just rush into saying things you don’t understand, umbuli ukuvutani eti

    3. Nobody stopped more ‘nyekhwes’ to get an education and add more judges from the south. You also seem to be as illiterate. Mukuopa business isikonekela o kuba akachoka m’mboma. Lembani MSCE kachiwili mupita ku chanco mukaphunzile kuti tiwonjezele ma judge a kwanu. Mbuzi basi

    4. What am I even saying. The name lameck means ‘fool’. I didn’t notice brother. I didn’t realize you’re challenged already.

  22. Another grouping of Tumbukas. Ha ha ha atumbuka mwatikwana. Nepotistic mentality. The problem of nepotism in Malawi starts from the north the other tribes play catch up. This is why kamuzu didnt develop that place.ungrateful sons of bitches. Muwona Nyekhwe basi. Mabvi wanyoko Nyirenda and company

    1. Zikomo bwana bauleni, I hope you live by that hatred and while the people you are cursing are better than you in any way. Look at your life and compare to theirs, work hard kutukwana won’t get you a good life bwana

    2. Bauleni nyekhwe zokhazokha huh!. Umva madzi, siunati. come June 23, nyekhwe zokhazokha

    1. What world? Can’t you see that’s a forum of Tumbukas only. Are you telling me out of the 26 tribes only Tumbukas can be lawyers and legal minds?This nepotism stinks and the courts have to be cleansed of it. Nyirenda azipita basi. He will practice law in nthalire.

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