Refrain from attempts to fire judges – Malawi Law Society tells Executive

The Malawi Law Society (MLS) has warned the Executive arm of Government to refrain from attempts to fire Judges saying such actions compromises the independence of the Judiciary.

In a statement on Saturday signed by MLS president Burton Mhango and Honorary Secretary Martha Kaukonde, the MLS condemned the press release by Chief Secretary to the Government Lloyd Muhara aimed at sending Chief Justice Andrew Nyirenda on leave pending retirement.

MLS said the public notice by Muhara has implications on the independence and functions of the Judiciary and is an affront to constitutionalism.

“[MLS] calls the executive arm of government to respect the constitutional order and independence of the 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,” reads part of the statement.

The Executive’s attempt to fire Nyirenda comes a month after the Chief Justice led the seven judge panel of the Supreme Court that upheld the nullification of the 2019 elections.

President Peter Mutharika was declared winner in the 2019 elections. He has been claiming that courts “failed to prove” that irregularities affected the results of the elections.

Mutharika has also been accusing Judges of being part of the push for regime change.