The Malawi Government on Tuesday clarified the status of Chief Justice Andrew Nyirenda, SC, Head of the Judiciary Arm of the Government, stating that Public Service Conditions for Judicial Officers does not provide for buying off or commutation of leave days.
The Government spokesperson in a statement said that best practice is for judicial officers to proceed on leave pending retirement.
“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.
It further observes that the Chief Justice will reach the retirement age of 65 on 26 December 2021 and has also accumulated 572 leave days which cannot be commuted to cash according to Public Service Conditions for Judicial Officers.
The Government said it was “appealing to all people to desist from politicizing the holiday and retirement of the Chief Justice.”
Born 26th December 1956, the Chief Justice Nyirenda graduated with a Bachelor of Laws from Chancellor College of the University of Malawi, in 1980.
He served in different capacities in the Ministry of Justice before being appointed in 1994 as a Judge of the High Court and rose to a Justice of Appeal in 2008.
His Excellency the President Professor Arthur Peter Mutharika appointed him Chief Justice on 12th March 2015.