The Malawi Law Society (MLS) has strongly criticized the appointment of Attorney General Thabo Chakaka Nyirenda and others to the rank of Senior Counsel (SC), citing a blatant disregard for the law in the selection process.
In a letter dated 23rd August 2024, Solicitor General and Secretary for Justice, Allison M’bang’ombe announced that President Lazarus Chakwera had conferred Nyirenda and others the status of Sc, a move which MLS has strongly criticized.
MLS president, Patrick Mpaka observed that the appointments required a formal process and might have flouted some laws governing the Legal Education and legal practitioners Act of 2018.
For instance, he observed that the number of legal practitioners to be conferred the honour of SC was more than 3, which is against the prescription provided in sections 52 and 54 of the Act.
Among others, the Act says, the president may on recommendation from the Honourary Committee, confer on a legal practitioner, the honour of Senior Counsel based on several parameters. For instance, a legal practitioner may apply in a prescribed manner, to the Attorney General for letters of patent entitling him to be conferred the honour of SC if the legal practitioner is of irreproachable character, has been practicing the profession of the law for a period of or for periods amounting all to at least fifteen (15) years whether in public service or otherwise and has made a significant contribution towards the development of law in Malawi.
The MLS has also asked the office of the Solicitor General and Secretary for Justice to provide clarification on the basis for conferring the AG status of SC citing that his appointment on the rank is not a result of his service in the office of AG for more than 2 years but on a basis of an application he made on 13 July, 2022.
However, Mpaka says, according to records, Nyirenda has not served at the bar for 15 years as he was admitted to the bar on 22nd July 2008.
He therefore say, the Executive Committee of the MLS considers the appointments as weighty matters and recommends for further reflections in as far as preservation of integrity of the legal profession and the conferment of SC status is concerned.
In his response to the concerns, M’bang’ombe admitted that the issues raised by MLS are genuine and, should indeed be put on a microscope.
“I have noted that the issues raised in the letter and I wish to agree with your observation that the issues are weighty legal issues. Since the authorities made the decision to confer the honour of Senior Counsel on selected legal practitioners, on the recommendation of the Malawi Law Society through its honours committee, it is the Malawi Law Society itself that must provide further recommendations in view of the issues in the letter,” said M’bang’ombe in a letter to the society.
He added: “If the Malawi Law Society is concerned that it overlooked certain legal aspects when making the recommendation to the authorities, there is an urgent need for the Law Society to convene a meeting of its honours committee to discuss the issues and advise the authorities accordingly.
