Government insists that Chief Justice Andrew Nyirenda has accumulated more than 572 leave days and hence, should proceed on leave pending his retirement.
In a statement issued last night, government Spokesperson and Information Minister Mark Botomani maintains an earlier position made in a communiqué by Chief Secretary to government Lloyd Muhara on June 12, 2020.
“Government further observes that the Chief Justice will not be the first judicial officer to have proceeded on leave pending retirement.” Said the statement in part.
The statement cites retired Chief Justices Lovemore Munlo and Anastazia Msosa who both proceeded on leave pending retirement from the Office of Chief Justice of Malawi.
“It is for this reason that Government finds it proper that the Chief Justice Andrew Nyirenda should enjoy his leave days, with his family, while still enjoying full benefits of his office,” the statement added.
The Botomani statement is coming just a few days after two injunctions were obtained, restricting the executive from effecting the action pending judicial review.
There has also been widespread local and international condemnation against usurping the powers of the judiciary and lawyers in the country are today holding demonstrations in defence of judicial independence and the rule of law.