Attorney General Frank Mbeta and Chief Justice Rizine Mzikamanda have been given seven days to resign from their positions or face nationwide mobilization aimed at forcing them out of office, over an alleged collapsing of the rule of law.
The ultimatum has been issued by the Centre for Democracy and Economic Development Initiatives (CDEDI) at a press briefing in Lilongwe on Wednesday. CDEDI Executive Director Sylvester Namiwa, accused the two senior legal officials of presiding over what he described as a collapse of the rule of law and a steady loss of public trust in the Judiciary.
Namiwa faulted Chief Justice Mzikamanda for allegedly failing to act on concerns raised by the Malawi Law Society and the Financial Intelligence Authority over suspected unethical conduct by some judges. According to Namiwa, such inaction has significantly contributed to the erosion of confidence in one of the three arms of government.
“We take this stand on the Judiciary, which is one of the three arms of government based on increasing volume of alleged corruption cases flying in both the mainstream and the social media,” said Namiwa.
Namiwa said public office rests on two pillars, competence and trust, arguing that once trust diminishes, legitimacy becomes unattainable. He warned that if urgent corrective measures are not taken, the moral and legal authority commanded by the Judiciary will continue to weaken.
The grouping also criticized the Supreme Court of Appeal over a recent payout demanded in favour of the defunct Finance Bank, saying enforcement of the decision would burden taxpayers and strain the public purse. Namiwa described the development as the anti climax of what he termed the collapse of the rule of law in the country.
Turning to Attorney General Mbeta, Namiwa said Mbeta’s alleged failure to respond to concerns surrounding his suitability to hold office, including matters linked to the sale of Amaryllis Hotel, has further undermined public confidence in the legal system.
Invoking Section 12 of the Constitution, which states that public authority derives from the people, CDEDI declared that it will mobilise citizens to compel the two officials to step down if they do not voluntarily resign within the seven day deadline.
“In view of the escalating allegations and integrity questions, we are giving Justice Mzikamanda and AG Mbeta seven days to respectfully and responsibly leave their offices, or be forced to do so,” Namiwa said.
CDEDI has also appealed to parliamentarians to level the playing field in the civil service by amending the law to allow judges to retire at 60 like any other public servant, saying from what is happening, judges have no moral ground to be considered for special treatment on retirement.
