Judiciary clarifies on status of Chief Justice, other Malawi Supreme Court justices
The Judiciary, a key arm of government, has asserted that Chief Justice Andrew Nyirenda shall continue to discharge his duties together with other Justices of Appeal (JAs) “ as per their Constitutional mandate”, despite the Executive ’s pushing Nyirenda for forced leave, pending retirement.
In a statement, signed by High Court and Malawi Supreme Court of Appeal registrar Agness Patemba has contradicted the notice filed by Chief Secretary in the Office of President and Cabinet, Lloyd Muhara that Chief Justice Nyirenda had accumulated more leave days than the remainder of his working days to his retirement date.
But the Judiciary statement clarified: “As a matter of fact, the accumulated leave days for the Honourable the Chief Justice and Honourable Justice [Edward] Twea are less than what is mentioned in the letters by the Chief Secretary if calculated in accordance with the Conditions of Service for Judicial Officers.”
The Judiciary statement said Nyirenda and other JAs have accumulated leave days over the years because they were prevented from taking all their entitled leave days due to “exigencies of their office.”
Patemba said in a statement that Justice Anthony Kamanga will retire September 2020; Justice Jane Ansah retires October 2020, Justice Twea retires April 2021; Justice Dustan Mwaungulu retires June 2021; Justice Anacklet Chipeta retires July 2021 while Chief Justice Nyirenda retires December 2021.
In case of Ansah, the statement said she opted to apply leave pending retirement.
It also said Mwaungulu is stuck in United Kingdom and cannot travel back home due to the lockdown travel restrictions.
“Other Justices of Appeal of the remaining seven have been prevented from proceeding on leave on the accumulated leave days to ensure that the Supreme Court of Appeal business should not stall,” reads part of the statement.
Patemba said regarding the succession plan for the Supreme Court of Appeal, the Judiciary wrote the Ministry of Finance and Economic Planning on February 11 2020, requesting funds to initially appoint four JAs.
“We equally sought authority from the office of Depart of Human Resources and Management Development and also engaged the Minister of Justice and Constitutional Affairs, to lobby for funds to appoint the four Supreme Court of Appeal Justices.
“Government responded that it had no funds to appoint four Justices of Appeal,” reads the statement.
Meanwhile, the High Court of Malawi on Sunday granted two separate orders stopping the process to have Chief Justice Nyirenda proceed on leave pending retirement.
a public notice dated June 12 2020 from Muhara—a judge of the High Court on secondment to the Executive— states that the Chief Justice should proceed on leave to clear his days pending retirement and that his replacement would be appointed in due course.
Muhara’s notice has drawn a backlash from various stakeholders, including legal scholars, the Evangelical Association of Malawi and the Association of Magistrates in Malawi.
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Nyirenda if you have accumulated leave days just go this is not politics that we can keep somebody who is aged if anything join politics where you can get the room for that but employment is based on that and no need for this to be emphasized to you or you are coward to adopt the changes that’s life and its very dynamic.
The judiciary should have made public judicial service charter that talks of holidays or leave..I don’t think government is acting from a vacuum. Their decision is based on facts. I remember Munlo and Msosa proceeded on leave pending retirement but Nyirenda insists to stay on because he is part of the regime change regime. As a judge he has a mouth to speak but is influencing people to speak for him. Nyirenda should leave the judiciary alone because clinging to the position raises suspicion.
Pepani a DPP dziko lakudani….. kukhala team ndiye pano Muli relegation…..,no viable tactics. Please go back to basics
CJ is only accountable to parliament not some useless fake prof of nepotism. CJ is going no where. Foolish Peter thought he can easily mess around with the Judiciary. He will continue learning it the hard way.
Chokani macadets inu osamuuza Peter Munthalika Kut akapume bwanji? Pakati Munthalika 80yrs ndi chief justice akuyenera kukapuma ndindani?Dpp leaders akuyenera kumangidwa basi.Mbuli zina za macadets zingo commenta mopanda nzeru, rubbish.
Instead of himself Muhara who’s Contract expired on 19th December 2019 should go but thinks he has that audacity on forcing innocent CJ to retirement ?? That’s a joke, CJ is here to stay and punish you accordingly on 23rd June.
CJ is going no where , if u thought this is another Nundwe your favourite push over then you were making big mistake .
Makadeti akunva kuwawa zedi because chiyembekezo chao chinali pa Jane Ansah yemwe akuoneka kuti ali pa alliance ndi DPP.
Chief Justice is not going anywhere. The DPP evil plans have failed and exposed. The writings are on the wall. DPP is packing and going, come 23 June, 2020.
I feel sorry for Agness Patemba, you look young koma wa joina Atumbuka, wait and see, ili ndi dziko
She is just following the rules. Many people are educated ndiye mzovuta…..
She got married to Mzuzu Based Burundian. Kuthawa amuna a khope ngati za Kanyatta ndi munthalika
For your info she is also Tumbuka . We thank God for every patriotic Malawian irregardless their tribe.
This comment 👆🏿👆🏿is a recipe for tribalism. Anzanu in USA and Africa as whole are fighting racism and you are fueling tribalism in a poor country like Malawi?
Even if Patemba has joined ATumbuka, ATumbuka si A Malawi? Why do you campaign among them, soliciting their votes? Why don’t you leave them alone?
Comments should unite, not divide.
To Management of Nyasatimes, when moderating comments, you should edit or not post tribalistic comments. This does not help Malawi as a nation.
Muthalika is one of the oldest presidents in the world and watha fungo asatisokoneze. Go in the bush you will find older male animals ousted by younger and energetic ones. Munthu is losing memory and I saw him live on Saturday at Nyambadwe. Failing to articulate issues and kumangolira basi. Munthu mpaka kuvomereza kuti anagendedwa ku Ndirande nkumanamizira opposition? Ndani ku opposition angafune his supporters to be short dead by security forces. Everyone in opposition would want to see the tipex president go. He stole victory in 2019. He was assisted by Jane Ansah, Kunje and Mathanga. These women must… Read more »