Mutharika censured over continued attacks on Judiciary: “no parliamentary supremacy in Malawi”

BLANTYRE-(MaraviPost)—The Magistrates and Judges Association of Malawi (MAJAM) has condemned President Peter Mutharika for continuing undermining the independence of the Judiciary, which is one of the three arms of government, saying his attacks are uncalled-for in a constitutional democracy.

Mutharika has been spitting venom at the judiciary after a panel of five judges sitting as Constitutional Court nullified the 2019 presidential election on February 3, 2020 citing widespread irregularities.

Having dissatisfied with the Constitutional Court’s judgment, Mutharika sought further redress by way of an appeal, but the Supreme Court also agreed with the lower court in its verdict which was delivered on May 8, 2020.

Following the landmark rulings, Mutharika has been saying that the High Court failed to deliver justice based on law, truth and evidence and that Concourt Judgement was a miscarriage of justice.

In his State of the Nation Address on Friday last week, Mutharika asked the parliament “set right what is not right”, in an apparent reference to the court’s judgment.

In his recorded speech, Mutharika castigated the Judges branding them authors of a “Coup d’etat” by virtue of ordering a fresh election.

He went further to say that parliament is supreme above the judiciary.

Reacting, Majam, a professional body of judicial officers in Malawi, has reminded the president that Judiciary is an independent arm of government with the mandate to interprete, protect and enforce the constitution as enshrined in the Republican Constitution.

In as statement released on Monday 8 June, 2020, Majam says it is worrisome to note that “as was the case with the Constitutional Court’s judgment, there has been a wave of open attacks on the Judges and Judiciary in general, this time emanating directly from the Head of State.

“It is our considered view that these continued attacks on the judges by the State President seriously undermine judicial independence and coming from the first citizen have the ability to spur this country into a state of lawlessness should the citizenry opt to emulate the attitude exhibited by the highest office.

“For example, the State President in his SONA purports to say that Parliament is above the Judiciary. According to the constitution, the three branches of government are independent; therefore, it is not true that Parliament is above the Judiciary. This has to be corrected as it is misleading the public. There is no parliamentary supremacy in Malawi. We are in a constitutional democracy where the Constitution is Supreme,” reads the statement.

The body says the judges carried out their duties as called upon by the law and they expect Mutharika as a professor of law to rise above petty politics and act as a model to his subjects in upholding and respecting the rule of law which is the cornerstone of every democratic society.

“Being a body whose membership comprise of these Judges, among others,  we would like to condemn in the strongest terms such continued attacks on the Judiciary by the State President and any conduct bordering on disregard and disrespect of the court’s decision. The conduct of the State President in this regard does not only undermine the rule of law but also the integrity and independence of the Judiciary.

“We are therefore of the view that the conduct displayed by the State President is unnecessary and uncalled for. We request him to respect the court’s decisions and lead this country in moving forward,” the statement reads further.