Blantyre, June 17 — Hundreds of lawyers in Malawi took to the streets Wednesday in solidarity for the Chief Justice and a Justice of Appeal who were told to go on leave pending their retirement in December 2021.
Last week the government announced that Chief Justice Andrew Nyirenda had been placed on leave pending retirement with immediate effect saying he has accumulated more leave days than the remainder of his working days until his retirement, due in December 2021. The second most senior justice in the country, Edward Twea, had also received similar notice.
However, high court judges granted injunctions preventing the move after the Malawi Human Rights Defenders Coalition (HRDC), the Association of Magistrates, and the Malawi Law Society lodged appeals against it.
Meanwhile, 60 law professors and academics from around the world wrote the Malawi government a scathing letter describing the move as ‘unprecedented assault on judicial system in Malawi.’
In Blantyre, over 50 lawyers took part in the protests accompanied by civil society leaders and some members of the public. Several senior lawyers were also available including Mordecai Msiska, who defended the opposition in an election case which led to the annulment of last year’s presidential election results. People will cast their vote on fresh polls next week Tuesday.
Other lawyers marched in the cities of Mzuzu and Zomba and the capital Lilongwe before presenting their petitions for greater judicial independence and the rule of law before the upcoming presidential elections on Tuesday.
John Gift Mankhwala a lawyer and former president of Malawi Law Society told Ubuntu Times the lawyers were taking a stand to show their solidarity with the judiciary and their independence.
“We’re taking a stand against the separation of powers and independence of the judiciary, against the interference of the judiciary by the president and executive arm of the government.”
“We are taking a stand against the executive and we’re telling them that stop interfering in the judiciary and stand in your lane,” he said adding: “This is happening because of the outcome of the election case. The attacks started after the judgment was rendered by the Supreme Court.”
Speaking to the crowds who gathered at the protests, Bright Theu said there was a need to defend the constitution as those entrusted with executive mandate have decided to abuse it by ‘manipulating the composition and operation of the judiciary.’
“By attempting to forcibly send the Chief Justice and Justices of Appeal on leave, [the executive] is creating vacancies that they can fill up as part of the treacherous attempt to reorganize the judiciary into a more pliant branch of the state all to serve their twisted political objectives.”
“To be clear, the chief justice or indeed any other Justices of the Appeal is not going away at the wimp of words,” he said.
The lawyers danced and chanted songs on their way to deliver the petition to the Principal Registry Office while carrying placards that read “Executive hands off our judiciary”, “Leave that which belongs to judiciary to the judiciary,” and “I can’t respect the president who doesn’t respect the rule of law.”
Chief Justice Nyirenda was among the judges who in February annulled last year’s elections, which saw a narrow win for incumbent President Peter Mutharika. The ruling was upheld by the appeal court last month. Fresh elections are expected to take place on June 23rd.
Meanwhile, a statement from the judiciary says that although a chief justice is appointed by the president and confirmed by the national assembly, all matters related to discipline and welfare fell within the “exclusive province” of the judiciary.
The chief justice and justices of appeal shall continue to discharge their functions as per their constitution mandate, according to the Judiciary.