BLANTYRE-(MaraviPost)—Concerned junior staff of the judiciary have reported Chief Justice Andrew Nyirenda and Judicial Service Commission to the Anti-Corruption Bureau and office of the ombudsman for breaching recruitment procedures.
This is according to a letter dated 12th November, 2020 addressed to the ombudsman, ACB , HRDC, MAJAM , AMA president and copied to the Judicial Service Commission.
According to the letter in possession of the Maravi Post online publication, the junior staff argue that the law allows that only officers who are entitled to practice law in Malawi to be employed as professional Magistrates.
However, without proper justification the judicial service commission employed Tamanda Nyimba, who studied law outside Malawi, as Senior Resident Magistrate.
“It is established by law that only officers who are entitled to practice law in Malawi may be employed as Professional Magistrates. Without a proper justification the Commission employed the Chair’s personal assistant His Worship Tamanda as a Senior Resident Magistrate. His Worship Tamanda Nyimba studied Law outside Malawi. He never sat for bar exams, neither did [he] he go to the Malawi Institute of Legal Education like the rest of us who studied Law outside Malawi,” reads the letter.
The concerned group argues that some of the people who are employed in the research department and magistracy sat for bar exams and are qualified for the position of a professional magistrate.
The letter adds that two P4 positions fell vacant and were given to relations of some members of the commission without conducting interviews. These are his worship Mzonde Mvula and his worship Kondwani Banda.
The concerned junior officers have also accused the Chief Justice of employing his own biological son Wanangwa Nyirenda as an intern for research department without any competitive interview and a year later promoting him to the position of Senior Resident Magistrate.
“There was no job advert when His Worship Nyirenda [Chief Justice’s son] was recruited as an intern into the Research Department. It started as a breakfast table chat with his dad. A year or so later he was formally hired as a Research Officer without undergoing a competitive recruitment process and a year later he was made Senior Resident Magistrate.
“All this was in clear breach of the established recruitment procedure in the Malawi Judiciary as well as in the Public Service generally. Like in the case of the recruitment of His Worship Tamanda Nyimba, the Chair did not declare interest or recuse himself from the sitting when the Commission was deliberating the recruitment and promotion of His biological son,” the letter reads further.
The aggrieved staff have challenged the Anti-Corruption Bureau and the other concerned parties to verify the raised issues with the Judicial Service Commission, the Human Resource Department of the Judiciary, and the Malawi Institute of Legal Education.