Tag Archives: Chief Justice Andrew Nyirenda

Human Rights, Regional

IMF appoints controversial retired Chief Justice Andrew Nyirenda to its Administrative Tribunal

Ufulu
Retired Nyirenda Chief Justice appointed to IMF

International Monetary Fund (IMF) has appointed retired Chief Justice Andrew Nyirenda to its Administrative Tribunal.

The appointment comes three weeks after Nyirenda’s retirement as Chief Justice in December after reaching the mandatory retirement age of 65.

In an interview on Thursday, Nyirenda said the appointment raises the profile of Malawi.

He said the country’s Judiciary has been recognized in so many respects and his appointment mean Malawi continues to be recognized internationally in as far as defending the rule of law is concerned.

Nyirenda said: “Certainly it means a lot to me individually in the sense that there is that recognition, but by and large it’s a deep sense of humility that this appointment comes to me.

“This is yet another occasion where an international body recognizes our application in the defence of rule of law. So, it is quite an important development in the country so far as well as our judiciary.”

According to IMF, the administrative tribunal comprises five judges, including the judge president who are on four-year term contracts.

Out of the five judges of the current IMF Administrative Tribunal, Nyirenda is the only African on the panel.

The other four judges are judge president Nassib Ziadé of Chile, Edith Brown Weiss from the United States, Deborah Thomas-Felix of Trinidad and Tobago and María Vicien Milburn from Argentina.

Catholic University of Malawi dean of law John Gift Mwakhwawa applauded Nyirenda’s appointment as it speaks of the integrity of the country’s judicial system.

He said: “It also speaks to the integrity of the people of Malawi that such institutions can find confidence in our professionals.

“It speaks to how professional our judiciary has been under his leadership and it also speaks not only to his professionalism and integrity, but also to his leadership as head of judiciary when he was.”

This is not the first time for Nyirenda to serve on a high-level tribunal. Between 2012 and 2020, he served as judge president of the African Union Administrative Tribunal.

From October 2018 to September 2021, Nyirenda also served as chairperson of the Southern African Chief Justices’ Forum, a regional grouping comprising 16 member countries from Southern Africa.

Malawi, Regional

Malawi Chief Justice Andrew Nyirenda who ushered the Chakwera regime Leaves Judiciary Without Fanfare

Elwin Mandowa
Chief Justice Andrew Nyirenda has has certified as a constitutional matter the case of a 15-year-old boy who was charged with defilement for consensual sexual relationship with a girl of 13.

LILONGWE (MaraviPost): Chief Justice Andrew Nyirenda is said to have bid farewell to the judiciary. Supreme Court of Appeal and High Court registrar Gladys Gondwe says Nyirenda retired on December 26, 2021, after hitting the constitutional retirement age of sixty-five. In the same release, Gondwe says Justice Rezine Mzikamanda will perform the functions of Chief Justice until President Lazarus Chakwera appoints the Chief Justice.

Chief Justice Andrew Nyirenda retires leaving Malawi Judiciary in total disarray

Chief Justice Andrew K.C. Nyirenda, SC was born on 26th December 1956 at Bunga village, Traditional Authority Bongoyo, Nkhata Bay district. He was appointed in March 2015 at Sanjika Palace by President Peter Mutharika, who he went on to dethrone from the Presidency and handed him many unfair judgements including court costs for trying to force him to retire for having accumulated so many vacation hours that exceeded his tenure that has just ended.

Education

According to his public records, he has a Bachelor of Laws from Chancellor College of the University of Malawi which he received in 1980 and a Master of Laws from Hull University, England obtained in 1985.

Career

He worked for the Malawi Ministry of Justice in 1980 as a State Advocate. In 1983 he became Legal Aid Advocate. In 1984 he became the principal State Advocate. In 1991, he was further promoted to the position Chief State Advocate. In 1992 he was promoted again to the post of Chief Public Prosecutor (now Director of Public Prosecutions). It was from that position that Nyirenda was appointed to Judge of the High Court. On 3 June 2008 He was also appointed as Justice of Appeal. He was eventually elevated to Chief Justice of the Republic of Malawi on 12 March 2015.

He is said to haves written about his opinion of the role of courts on protecting vulnerable people in Malawi.

Andrew Nyirenda will go in history as the most corrupt and unprofessional Chief Justice in the history of the country who has failed to root out corruption in the judiciary. Nyirenda was at the forefront of the 2020 Election Case Judicial Coup D’état.

Attempts by the Peter Mutharika led Malawi government to remove Chief Justice Andrew Nyirenda days before presidential elections were blocked following protests from law and civil society groups.

The Malawi government announced that Chief Justice Andrew Nyirenda had been placed on leave pending retirement with immediate effect. The notice read that Nyirenda had accumulated more leave days than the remainder of his working days until his retirement, due in December 2021.

However, high court judges granted injunctions preventing the move after the Malawi Human Rights Defenders Coalition (HRDC), the Association of Magistrates, and the Malawi Law Society lodged appealed against it.

In response, a statement signed by sixty law professors and academics from around the world said: “[The] actions constituted an unprecedented assault on judicial independence in Malawi. We hereby condemn them in the strongest terms.”

The statement added that no judge can be forced to take leave and they are guaranteed tenure until they turn sixty-five. “We call upon the government of Malawi to uphold the rule of law and constitutionalism and to respect all court judgments. The government must refrain from attacking individual judges and from undermining the judiciary.”

Malawi court orders former President Mutharika, Muhara to pay legal costs for attempting to fire Chief Justice Nyirenda

Gift Trapence, the chairperson of the HRDC, said the government’s bid to remove chief justice Nyirenda was an attempt “to frustrate the elections by attacking the judiciary.”

According to Maravi Post reporting The High Court on May 4, 2021, ordered that former Malawi President Peter Mutharika and ex-Chief Secretary to government Lloyd Muhara’s properties be seized and sold over remained unpaid legal fees in Chief Justice Charles Nyirenda case. The directive followed an application by the Malawi Law Society, Association of Magistrates in Malawi, and Human Rights Defenders Coalition (HRDC) to the court to order Mutharika and Muhara to personally pay the costs.

Lilongwe High Court Registrar Patrick Chirwa has since ordered the respondents to pay K26 million to first and second applicant and K43 million to third applicant.

Reported to ACB

Concerned junior staff of the judiciary 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.

Malawi’s judiciary junior staff report Chief Justice Nyirenda who presided over presidential election to Anti-Corruption Bureau

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 goes to the Malawi Institute of Legal Education like the rest of us who studied Law outside Malawi,” reads the letter.

During his time as Chief Justice the judiciary has been the worst corrupt ever. We have seen convicted criminals roaming the streets on bail while others have been denied the same right. Indians being given preferential treatment while indigenous Malawians have been punished heavily.

He was more of a politician than a Chief Justice. During the past month he has been negotiating for the extension of his contract, but it was never to be. Nyirenda has been used, dumped, and kicked out of the judiciary.

What will you remember Chief Justice Andrew Nyirenda for?

Law and order, Lifestyle, Opinion

Chief Justice Andrew Nyirenda retires leaving Malawi Judiciary in total disarray

Rick Dzida 1 Comment

By Rick Dzida

As we are celebrating Christmas today, December 25, 2021, my heart is bleeding with the injustice in our Judiciary system.

Our justice system is rotten and urgently needs a complete overhaul.

It is a good riddance that Chief Justice Andrew Nyirenda has retired though leaving our judicial system in a pathetic dilapidated state.

The following are the examples of incidences where the course of justice has been miscarried:

  1. The 2019 Presidential elections were nullified even though the Constitutional court admitted that there was no evidence that the irregularities affected the votes of any presidential candidate.
  2. Term of office for Members of Parliament (MPs), Councillors and President is constitutionally five years. But some MPs and Councillors will be unconstitutionally allowed to serve more than five years.
  3. There are still contradictions in the way the word ‘majority’ is being applied. The Presidential elections use 50+1 majority while MPs and Councillors elections use first-past-the-post evaluation algorithm to determine the winner.
  4. During Chief Justice Andrew Nyirenda’s tenure of office, the lower court, the Constitutional court overrode the decisions of the higher court, the Supreme court of Appeal. This was ultra vires.
  5. The Constitutional court acted unconstitutionally by violating the independence of three arms of government. The Constitutional court erroneously instructed the National Assembly to change the Malawi Constitution. Thank God, the motion to change the constitution so as to accommodate 50+1 majority was shot down.
  6. Chief Justice Andrew Nyirenda certified DPP vs Attorney General case as a constitutional case which later proved to be res judicata case, a case already concluded. That showed gross incompetence on the side lines of the Chief Justice.
  7. There are gross discrepancies in court judgements. For example, the case of corruption and fraud, Batawala paid 800 million Kwacha as a bail bond while Ben Phiri was slashed with a 20 million Kwacha bail bond. This difference amazingly anomalous.
  8. Corruption cases take a long time to be logically concluded. Muluzi’s case has stalled over a decade now but now it is not yet concluded.
  9. The Office of the Ombudsman is being overshadowed by the Judiciary. Imagine Judge Kenyatta Nyirenda reserved the ruling on the fate of Henry Kachaje up to now when the Office of the Ombudsman clearly indicated that Henry Kachaje has a fake master’s degree which is a requirement for the job.
  10. We still hear of detention without trial taking place now. There is a report that confirms that a person could be detained for 14 years without trial. Really ? During this era?
  11. Judge shopping is the order of the day in our judiciary system. Judge shopping is the practice whereby you ensure that your case is heard by your favourable judge.
  12. During Andrew Nyirenda’s tenure of office, Malawians were shocked when the court granted an injunction restraining the ACB and the police from searching a suspect of fraud and corruption.
  13. There is still unequal treatment of suspects. While suspects like Bon Kalindo and Ben Phiri were handcuffed in court, Batawala was left scot free leisurely holding a chilled bottle of water. Some animals are more equal than others. But the law must address that.
  14. There are now high incidences of dubious lawyers milking the most vulnerable Malawians who were supposed to be protected by the same.
  15. During Andrew Nyirenda’s tenure of office, a convict is left scot free on bail for years while another convict like Thom Mpinganjira was denied such rights.
  16. The court punishes the taxpayers with huge sums of money for the atrocities they did not commit. The taxpayer paid over 4 billion Kwacha to President Chakwera and Vice President Chilima over the elections case. The taxpayer also compensated Mulli and Greseda Jefule for damages during the demonstrations.
  17. Thom Mpinganjira was convicted of an attempt to bribery when there was no evidence of the actual bribe presented in court. Even the Anti-Corruption Bureau ( ACB) said that there was no evidence of tangible bribe it found. But the court went further to convict Thom Mpinganjira on the basis of five witnesses who happened to be judges. Can’t the five judges conspire to ensnare the suspect? They are human beings too.
  18. We also hear that child suspects and convicts are mixed with adults giving room to child abuse and sodomy.
  19. Justice is for the poor and the vulnerable now. How many poor Malawians have been granted court bail? Why is it that the elite are the ones who are granted court bail? The likes of Enock Chihana and others who can freely go to Dubai and Zambia while on bail.
  20. There is a monopoly of law profession that only Chancellor College offers university law degrees. This compromises justice. Imagine 2019 presidential elections case in a court room comprised of classmates and lecturers playing various roles of judges and legal counsel. Somehow a course of Justice can be compromised.
  21. There is still too much corruption in the Judiciary system. Thom Mpinganjira was not a fool to attempt bribing the judges. It is highly probable that such irregularities and bribery indeed take place only that judges could not have served two masters.

We are therefore appealing to the incoming new chief justice to overhaul the whole judicial system so that justice should not only be done but it should also be seen to be fairly done.

Feedback send to: Rick Dzida, Email: rdzida@gmx.com

Law and order, Malawi

Debate on teenagers’ consensual sex rages on

Maravi Post Reporter
Chief Justice Andrew Nyirenda has has certified as a constitutional matter the case of a 15-year-old boy who was charged with defilement for consensual sexual relationship with a girl of 13.

Various stakeholders have agreed to form a taskforce to do a compressive review and decriminalize a law which gives stiffer punishments to boys who have been convicted on consensual sex and other sexual offences against girls.

This was agreed today during a meeting involving members of the Parliamentary Committee on Legal Affairs – Director of Public Prosecution, officials from the Ministry of Justice and judiciary.

In an interview with Mij, Peter Dimba, chairperson of the Parliamentary Committee on Legal Affairs,  said there is need to decriminalize contextual sex among two adolescents,  saying other countries such as South Africa and Botswana have already done it.

Dimba said what is happening now is discrimination against boys arguing the law does not allow someone to be discriminated on the basis of gender.

He added that the review will also include laws that give softer punishments to women convicted on sexual offences against boys.

Meanwhile, Dimba said the stakeholders are also proposing for a moratorium on the law pending the review.

Mewnwhile, Chief Justice Andrew Nyirenda has certified as a constitutional matter the case of a 15-year-old boy who was charged with defilement for consensual sexual relationship with a girl of 13.

The boy was arrested earlier this year when the girl’s parents reported the matter to Police.

According to a court document Times has seen, the case will now be heard before a panel of three judges who will determine the constitutionality of the offence of defilement, to the extent that it applies to adolescents’ consensual and non-exploitative sexual relationships.

Politics

Five Judges to hear DPP 2020 election case, Beginning the end of Chakwera’s rule?

MaraviPost
Chief Justice Andrew Nyirenda has been reported to ACB

A day after the Chief Justice Andrew Nyirenda certified as a constitutional matter the case where the Democratic Progressive Party (DPP) is seeking the nullification of June 23, 2020

fresh presidential election, five Judges have been unveiled to hear the matter.

Chief Justice  Nyirenda referred the case file to Judge President Sylvester Kalembera on Monday, August 23, 2021, to empanel the Constitutional Court, which the former did that on Tuesday, August

24. 2021, the Registrar of Supreme Court of Appeal and High Court, Gladys Gondwe confirmed to Media. the Judges are  Justices Kalembera (Judge-in-Charge), Rowland Mvundula, Dorothy NyaKaunda Kamanga, Annabel Mtalimanja, and Thom Ligowe.

The judges  are expected to meet next Monday, August 30, 2021, to discuss how they would proceed.

Malawi went to the polls on 23 June 2020 following the nullification of the 2019 presidential elections. The justification for annulling the presidential elections was purely the presence of mere irregularities which are usually present in all elections including parliamentary elections.

It was surprising that the court went ahead to nullify the presidential elections despite the fact that there was no evidence that the irregularities affected the votes of any presidential candidate. This was an evidence of judicial coup. Next was the misinterpretation of the word ‘majority’.

The Constitutional court simply pulled the meaning of the word ‘majority’ from a black law dictionary without considering our constitution. This was an argumentum ad dictionarium fallacy which prompts the arguer to substitute their reasoning power with a mere dictionary.

It is clear that Malawi Constitution does not provide room for run-off elections, another crystal-clear indication that our constitution recognizes the first-past-the-post strategy as a means to determine the winner. Furthermore, the Supreme Court of Appeal led by Justice Richard Banda had already ruled that the word ‘majority’ meant first-past-the-post paradigm.

he Constitutional Court, sitting at the lower level of high court, acted ultra vires by overriding the decisions of the highest court, the Supreme Court of appeal. All this happened under the mantle of Chief Justice Andrew Nyirenda who has the mandate now to certify any case as being constitutional in nature.

As if this was not enough, the Constitutional Court went further to bulldoze the 50+1 majority case law to be incorporated into our constitution. The National Assembly was directed to change the Constitution to accommodate the 50+1 majority case law. This breached the independence of three arms of government contrary to Malawi Constitution.

The duty of the Constitutional Court is to interpret the Constitution holistically so that some conflicting laws and misinterpretations are harmonized. The Constitutional Court has no mandate to legislate, a duty that falls under the ambit of the National Assembly which had already rejected the 50+1 majority paradigm. All this was happening again under the watch of Chief Justice Andrew Nyirenda who has the mandate to certify any case to be constitutional matter.

It is mind boggling as to why the Constitutional Court deliberately chose to bulldoze the 50+1 majority case law. The notion of 50+1 majority formed the theoretical basis for the judicial coup. Here was the jigsaw puzzle. Analysing the results of 2019 presidential elections, it was evident that the sum of the votes from Dr. Lazarus McCarthy Chakwera and from Dr. Saulos Klaus Chilima was much greater than the total of the votes from other presidential candidates. The 50 +1 majority rule would force the parties to form electoral alliances. With this case at hand, it was highly likely that Dr. Lazarus McCarthy Chakwera and Dr. Saulos Klaus Chilima would form an electoral alliance since they both had a common political agenda; that is to dismantle the DPP regime.

Voila!!! Results of the 2020 fresh presidential elections statistically followed the same pattern as those of 2019 presidential elections. This is an indication that there was no rigging in 2019 presidential elections.

Fast forward to the DPP vs Attorney General case which the CJ is yet to certify. The argument advanced by DPP in this case is very sound. The Malawi Constitution is supreme and any law that is in conflict with the Constitution becomes invalid.

The Constitution clearly states that there shall be a minimum of six members for the Malawi Electoral Commission,(MEC). The ruling by Judge Kenyatta Nyirenda that four DPP commissioners were unprocedural appointed meant that the composition of MEC was unconstitutional.

During the time of fresh presidential elections, MEC was not legally constituted. Its membership was less than 6 legally, contrary to Malawi Constitution It is a clear fact that an unconstitutional MEC cannot make legally binding decisions. It follows that MEC’s decision to declare Dr. Lazarus McCarthy Chakwera a winner may not be legally binding.

The DPP Case

DPP has a good ground to challenge the results of the 2020 fresh presidential elections which were managed by an illegal and unconstitutional MEC. A million-dollar question arises, should we expect fresh presidential elections considering that DPP has a strong case? Only the court has a final determination on this case. The CJ has two options, to approve or to disapprove the certification of the case. The CJ will assess critically if the case is worth any certification at all. The safest avenue is for CJ to reject the certification of the case if the alleged judicial coup is to be upheld. The major fear is that if the case proceeds to the Constitutional Court, it is highly probable that DPP will have a good case to argue.

Another way is for CJ to certify the case but identify judges that will most likely rule in favour of the current regime if the concept of the alleged judicial coup is to go by. The bottom line is that it is highly unlikely that the court that is alleged to have staged a judicial coup should shoot itself in the belly by nullifying the 2020 fresh presidential candidate in favour of DPP

Law and order, Malawi

Democratic Progressive Party Files for Certification in The Fresh Presidential Poll Case

Maravi Post Reporter
DPP FLAG
The Democratic Progressive Party (DPP)

LILINGWE, MaraviPost: We can reveal that Democratic Progressive Party (DPP) has filed the necessary documentation for certification as required in a case where the party wants the Court to nullify the fresh presidential poll.

According to a lawyer from Mhango Lawyers who are representing Democratic Progressive Party (DPP) in the case, the biggest party in Malawi is now waiting for the Chief Justice Andrew Nyirenda to do the certification and appoint judges to sit as a constitutional court and hear the matter accordingly.

Election Case
DPP files suit

“We do not have the certification from the Honourable the Chief Justice. However, the office of the Chief Justice confirmed to us on Thursday, 29th July 2021 that the Honourable the Chief Justice was satisfied with the referral from Honourable Justice Madise following his ruling made on 15th July and therefore requested us to file the necessary Certificate,” said the lawyer.

“In compliance with the request from Honourable the Chief Justice, we filed the necessary Certificate on Friday, 30th July 2021,” he added. 

We have also in possession of a receipt from the High Court registry where the DPP paid the fees for certification.

According to Order 19, rule 3 and 4 of the High Court Procedure Rules 2017, “the certification by the Chief Justice shall be made within 7 days from the date a proceeding is filed before or a referral to him, for such certification”. 🇲🇼

Opinion

MCP and its allies made us believe Chief Justice Nyirenda’s case was an exception: However, it was not an exception to the rule

MaraviPost
Judge Kenyata Nyirenda

We defend Malawi by defending the truth.

Why were there no protests when the other judges, in the past, took leave pending retirement? Chief Justice Nyirenda is regarded as an ally by the Opposition and other anti-government actors.

This is why there has been an outcry that is disproportionate to the issue of a Chief Justice being expected to do what others before him have done, i.e., take leave pending retirement.

The claim that Chief Justice Nyirenda was being victimized was simply a fable intended to valorize him whilst vilifying the Government and politicizing a contractual issue that Chief Justice Nyirenda is well aware of and a practice that other Judges have complied with in the past.

On 5 June 2020, a letter was written and delivered to Chief Justice Andrew Nyirenda reminding him to comply with leave days.

On 8 June 2020, President Professor Peter Mutharika through Chief Secretary Lloyd Muhara appointed Justice Mzikamanda the acting Chief Justice.

On 12 June 2020, the notices were published, and Chief Justice Andrew Nyirenda replied to the letter.

On 14 June 2020, the Human Rights Defenders sought and obtained an injunction to prevent Chief Justice Nyirenda from going on leave.

On 14 June 2020, analysts noted that Justice Nyirenda’s case was neither political nor exceptional as other judges have stepped aside using the same procedure in the past including Justice Kamwambe, Msosa, Munlo and more recently, Jane Ansah and Anthony Kamanga.

On 16 June 2020, The Guardian carried an article claiming ‘it was an unprecedented assault on judicial independence‘ but that claim was untrue as the procedure of taking leaving pending retirement is commonplace.

On 16 June 2020, Government issued a press statement appealing to all people to desist from politicizing the holiday and retirement of the Honourable Chief Justice

On 16 June 2020, some local media outlets carried stories based on a fake employment contract that was purported to be Lloyd Muhara’s – this was a smear campaign targeting the Chief Secretary to Government.

Now demonstrations are being carried out to protest against Justice Nyirenda taking leave pending retirement. One possible explanation could be that.

Chief Justice Andrew Nyirenda is seen as an activist on the bench who has been recognized and praised as such for assuming an oppositional stance in passing judgments and ruling in favor of anti-government activists and Opposition stakeholders.

As matters stand, Justice Mzikamanda has that letter as Acting Chief Justice.

Human Rights, Law and order, Lifestyle, Top News

Death penalty abolished in Malawi

Lloyd M’bwana
 Chief Justice Andrew Nyirenda

BLANTYRE-(MaraviPost)-The Supreme Court of Appeal has declared that death sentence as a punishment for any crime in Malawi is unconstitutional.

A panel of nine judges, led by Chief Justice Andrew Nyirenda, made the determination in a judgement delivered on Wednesday.

They heard an appeal by Charles Khoviwa who had opposed the High Court’s verdict in which he was sentenced to death after he, together with others, was convicted of murder.

The Supreme Court argues that the death penalty is an abolition of the right to life and that its execution borders on disrespect for human dignity.

“The death penalty is unconstitutional. Section 25(a) and section 26 in prescribing death as one of the sentences and section 38(1) for treason, section 63(1) for piracy, 133 for rape, 210 for murder, 217A(2) (a) for genocide and 309(1) and 2 for house breaking and burglary, of the Penal Code must be read as meaning the maximum prison sentence – life imprisonment.

“If life imprisonment becomes the maximum sentence, where it is not mandatory, by fiction, cannot be imposed, reserved as it were for the worst instance of crime. Courts, are therefore, likely to pass a prison term of years. Those who have served long periods of their life or long sentences are likely to get shorter terms or immediate release,” reads part of the 71-page judgement:

The nine justices of appeal have also held that looking at the circumstances surrounding Khoviwa’s sentencing, the High Court should indeed have had a sentencing rehearing.

They have also ordered the Legal Aid Bureau, the Office of the Attorney General and the Director of Public Prosecutions to address the complexities of convicted felons on the death row.

Malawi Prison Service spokesperson, Chimwemwe Shaba, said he did not have the actual number of convicts on the death row.

Meanwhile, the judgement has received plaudits from activists who have been pushing that it should be outlawed.

Executive Director of the Centre for Human Rights, Education, Advice and Assistance, Victor Mhango told The Daily times that finally, the highest court on the land has affirmed the need to respect the right to life for everyone, including convicted felons.

“We have been fighting for the abolishment of the death penalty for a long time. The judgement has highlighted that every person has the right to life and that there is no government apparatus that can take away that right,” Mhango said.

Centre for Human Rights and Rehabilitation (CHRR) and Youth and Society (Yas) have also hailed the judgement, describing it as landmark.

“As human rights organisations, we entirely agree with the court’s decision that the death penalty is unconstitutional and a violation of the right to life, the right to dignity and the right not to be subjected to inhumane and degrading punishment or treatment,” reads a statement signed by CHRR and Yas directors Michael Kaiyatsa and Charles Kajoloweka, respectively.

The two organisations have further called on the government to build on the judgement and revisit the death penalty more generally.

“We also call on the Malawi Parliament to amend the country’s criminal law to remove the mandatory aspect of the death penalty,” the statement says.

While confirming the judgement, Registrar of the High Court and Supreme of Appeal Gladys Gondwe said it was in draft form and was yet to be perfected by the time it went public.

In Malawi, a moratorium on the death penalty hanging since 1994 has meant no president ever sanctioned that convicts on the death row should be executed.

Malawi

Task-force set up to bail out former Malawi President Mutharika’s MK69.5million legal fees

Maravi Post Reporter 2 Comments

LILONGWE-(MaraviPost)-A task force has been established to raise funds aimed at bailing out former Malawi President Peter Mutharika’s legal fees in Chief Justice Charles Nyirenda case amounting to MK69.5 million.

The grouping dubbed as “Concerned citizens” on Tuesday, March 16, 2021 told the news conference in the capital Lilongwe that the move is not to defend any wrong doing but help former Malawi leaders following his bank account freezing.

The grouping chairperson Mundango Nyirenda wondered as to why the court could give Mutharika 14 days to pay the legal fees when all in all his bank accounts were not accessible.

Nyirenda therefore suspects President Lazarus Chakwera’s Tonse administration political persecution to weaken opposition Democratic Progressive Party (DPP).

Malawi court orders former president Mutharika, Muhara to pay MK69.5m to applicants in Chief Justice Case within 14 days

“In the same vein we would like to make a passionate appeal to Malawians of goodwill both within and
outside the country and other nationals to join our initiative to raise funds to settle the MK69.5 million
our former head of state is expected to settle as determined by the courts.

“Find us on our Facebook page Justice for APM and make your contribution through bank account detailsto be made public in due course.Let’s join hands to bail out our former leader from this very unfortunate situation,” says Mundango

He added, “No matter how many charges Mutharika might face, genuine or tramped up, he still remains the former
Presidentof this country, and he deserves to be treated fairly and with the respect he deserves”.

Mutharika along side former Chief Secretary Office of President and Cabinet Lloyd Muhara were on last week order to pay the legal fees amounting to MK69.5 million after loosing the case in Chief Justice Nyirenda was forced to go retirement before his time.

Below is the full statement:

CONCERNED CITIZENS
Press Statement
March 16, 2021


LET’S JOIN HANDS IN SEEKING JUSTICE FOR THE FORMER PRESIDENT, PROF. ARTHUR PETER MUTHARIK

Fellow Citizens,

We are here representing all Malawians of goodwill and those that believe in justice. We are in our own capacity abonafide citizen of Malawi and a strong advocate of respect for the rule of law and justice in Malawi.

Fellow citizens, as you are all aware, we went to the polls on June 23,2020 for the Fresh Presidential Elections (FPE), after the High Court sitting as the Constitutional Court, nullified the May 21,2019 Presidential Polls.

All eyes were on the reaction of the Democratic Progressive Party (DPP) President Professor Arthur Peter Mutharika who even according to the Concourt amassed more votes than any other candidate in the disputed polls.

Mutharika proved to be a true statesman and a patriot after he humbly, honourably and without a fuss moved out of the State House to his retirement Home in Mangochi.

This facilitated smooth transfer of power to President Dr. Lazarus Chakwera whom the Malawi Electoral Commission (MEC) declared as the rightful winner of the FPE despite the widespread intimidation of DPP monitors in the central region.

Mutharika has now honorably joined the league of former Presidents alongside Dr. Bakili Muluzi and Dr Joyce Banda who according to the Republican Constitution, are entitled to some benefits.

Fellow citizens, we are not here to defend anyone from any wrong doing, and neither are we here to comment on court rulings and judgments, but rather to ignite debate and ask well-wishers to join our course.

Malawians are fully aware that the State obtained a court order to freeze Mutharika’s bank accounts, pending investigations on a matter he was already cleared.

As his legal team was battling it out in the courts to allow him have access to his bank accounts, Malawians who chose to care were shocked to read media reports indicating that the High Court has ruled that Mutharika and his former Chief Secretary, Mr. Lloyd Muhara, should pay MK69.5 million.

It is for this reason that we the concerned citizens issue this statement and raise a moral question as to how does the court expect the former President to comply with the court order when the same court is fully aware that it allowed the freezing of the accused’s bank accounts?

This also begs other questions as to whether Government has given Mutharika his benefits befitting a former head of state.

Finally, should we say this is justice being administered on the Statesman that is Mutharika or this is a mere political persecution? Can’t this be construed as an attempt on the part of the Tonse Alliance administratio under President Lazarus Chakwera to finish off Mutharika in a deliberate attempt to weaken the DPP. which is a major opposition political party?

After all is said and done, we felt the pressure was just too much on the former President, and unfortunately everyone seems not to care as people have folded their arms and are just looking at what is happening to Mutharika. What we are forgetting is that a very bad precedent is being set today, and after APM we do not know who is next in line to be victimized.

We as concerned citizens have undertaken a decision to write the donor community to bring to their attention the way the Tonse Alliance and indeed President Chakwera are treating the former Head of State. It is our conviction that he is being victimized for political reasons, as this is not a case of justice but rather political persecution!

In the same vein we would like to make a passionate appeal to Malawians of goodwill both within and outside the country and other nationals to join our initiative to raise funds to settle the MK69.5 million our former head of state is expected to settle as determined by the courts.Find us on our Facebook page Justice for APM and make your contribution through bank account detailsto be made public in due course.Let’s join hands to bail out our former leader from this very unfortunate situation. No matter how many charges Mutharika might face, genuine or tramped up, he still remains the former Presidentof this country, and he deserves to be treated fairly and with the respect he deserves.

THANK YOU ALL! AND MAY GOD BLESS MALAWI!
SIGNED
National Chairman: Mungando Nyirenda 0999759653/0888366418
Vice Chairperson : Cynthia Chikalimba
National Cordinator: Bertha Mkawachale 0999022212/0881404944
National Executive Member: Zainab Hassan

Law and order, Malawi

Former Malawi leader Mutharika, Muhara to be whipped with costs on February 5

Richard Kayenda

Mzuzu-(MaraviPost)—High Court sitting in Lilongwe yesterday adjourned to February 5, 2021 the ruling in which Former Malawi President, Arthur Peter Mutharika, and former Chief Secretary to the government, Lloyd Muhara, will be told how much to pay as costs for erroneously sending the Chief Justice Andrew Nyirenda and his deputy Edward Twea, on forced leave last year.

According to counsels for the former leader and his accomplice, Thembenu Masumbu and Company, the appeal for adjournment was due to the fact that plaintiff did not serve them with the court document on time and so they needed extra time to peruse the same.

However, the lawyer who is representing the parties that dragged Mutharika and Muhara to court: the Magistrates Association, Malawi Law Society (MLS) and Human Rights Defenders Coalition (HRDC), Khumbo Soko, said the three parties will wait for the court’s decision on the said date as long as justice is served.

 In November, 2020, the Lilongwe High Court found the former leader and the former chief secretary in the wrong for issuing a public notice ordering the chief justice and his deputy to take an annual leave pending retirement when the two still had two more years to serve in their respective positions before their retirements.

The executive decision received serious public criticism with the Magistrates Association and the other parties challenging it in court, saying the decision to relieve the said officers of their duties rested with the judicial service commission and not the Office of the President and Cabinet.

When President Lazarus Chakwera later ascended to power in June last year, he reversed the move.