Supreme Court of Appeal Judge, Justice Dunstain Mwaungulu, says Chief Justice Andrew Nyirenda cannot be forced to retire.
Mwaungulu was reacting to a press release by Secretary to the Government Lloyd Muhara who claimed that Nyirenda will go on leave pending retirement because the Chief Justice has accumulated more leave days than the remainder of his working days to retirement date.
Muhara also claimed that the most senior Justice of Appeal will take over as Chief Justice in an acting capacity.
There were also reports that Justice of Appeal Edward Twea has also been asked to go on leave.
But Mwaungulu said nobody can be forced to retire on the basis of accumulated leave days.
“Judges can only act voluntarily. They can choose to forfeit the days – because the terms of service are that you are not paid for days left,” Mwaungulu wrote.
High Court Judge Dingiswayo Madise said the two justices – Nyirenda and Twea – have not reached mandatory retirement age of 65.
“They are going nowhere. Period,” he wrote.
Malawi24 understands that the tenure of Chief Justice Nyirenda and Justice Twea runs up to December 2021 and April 2021 respectively.