Southern African Chief Justices’ Forum (SACJF), a grouping of chief justices and equivalent judicial leaders from Southern African countries, expressed dissatisfaction over Malawi Government’s executive arm decision to unconstitutionally send the Chief Justice Andrew Nyirenda, S.C. on mandatory retirement.
According to a statement issued by the forum on June 15, 2020, the development undermines the independence of the judiciary and individual judges.
“As leaders of the judiciaries in our respective countries and as members of the Southern African Chief Justices’ Forum (SACJF), we are deeply concerned about the recent developments in Malawi which appear to undermine the independence of the judiciary and individual judges. On 12 June, 2020, the Malawi Government’s Chief Secretary issued a notice purporting that Chief Justice Nyirenda had been placed on leave with immediate effect,” reads the statement partly.
The forum further says it has learnt that a similar notice has been issued in relation to Justice of Appeal, Mr Edward Twea, S.C. and that it is aware that constitutional tenures of Justice Twea and the Chief Justice Nyirenda expire in April and December, 2021, respectively.
The forum has since urged the executive arm of the government to withdraw the offensive notice of placing Chief Justice Nyirenda and Justice Twea on forced leave and make an appropriate public announcement about such retraction.
The statement has also indicated that the forum is aware of President Arthur Peter Muthatika’s recent attack on the Judiciary; saying that the Parliament was more supreme than the courts yet it is the constitution that is the supreme law of Malawi since it provides for separate but mutually interdependent arms of the government.
The international chief justices have, therefore, reminded the government that respecting the independence of the judiciary is a constitutional obligation and it must be observed in order to ensure the confidence of the judicial staff.
Southern African Chief Justices’ Forum is a body of chief justices and other judicial leaders from the such countries as Botswana, Tanzania, Seychelles,Malawi and others from the Southern part of Africa.
