Tag Archives: Chief Justice Andrew Nyirenda

Malawi

Malawi Supreme Court concludes hearing of presidential election appeal case

Maneno Chimulala
Chief Justice Andrew Nyirenda

BLANTYRE-(MaraviPost)—The Malawi Supreme Court has concluded the hearing of presidential election appeal case challenging the validity of the February 3, 2020 judgment of the   five-judge panel of the High Court sitting as Constitution Court which annulled May 21, 2019 presidential election results, citing widespread irregularities in the results management system.

The closure of the hearings on Wednesday evening followed a daylong of oral submissions during which petitioners and respondents made submissions before a panel of seven judges of the top court led by Chief Justice Andrew Nyirenda.

Chief Justice Nyirenda said the six-judge bench of the court will render a ruling as soon as possible and thanked parties in the matter for conducting themselves with decorum.

“We will ourselves adjourn the proceedings to the nearest possible future. We will not commit to a date but we realize how important these proceedings are on the welfare and well being of our nation.

“We will do everything possible to ensure that we revert in the soonest possible time. We will give it our best and therefore that we want to assure everybody that we will get back as soon as we can,” he said.

During oral submissions at the court, Senior Counsel Samuel Tembenu, representing President Peter Mutharika who is the first appellant in the appeal case said there was no legal basis to nullify the May 21 presidential election because the irregularities cited by the petitioners did not affect the final outcome of the poll.

He further argued that the Constitutional Court was wrong to issue consequential orders to Parliament to enact new laws ahead of the fresh presidential election because that role is for the executive arm of government.

Taking his turn, Modercai Msisha, lead lawyer for Malawi Congress Party (MCP) President Lazarus Chakwera, argued that the burden of proof in an election case lies with the electoral body MEC because it has a constitutional responsibility to manage elections in the country.

 Msisha argued that MEC did not perform its duties as an independent Umpire in the May 21, 2019 Presidential poll. He said even the sworn statements of MEC’s own Presiding Officers revealed that the poll was marred by irregularities but the electoral body did not review the whole electoral process.

Initially MEC sought legal services from the South African based law firm Mboweni Maluleke INC to among other; represent it in the appeal case presidential election but Chief Justice Andrew Nyirenda objected to the decision on Monday, thereby forcing the electoral body to use local services.

The Constitutional Court nullified the May 21 presidential election and ordered MEC to hold fresh poll within 150 days from the day of the judgment.

MEC set July 2 as a date for the fresh presidential polls and electoral processes are underway in readiness for the same.

Politics

Malawi Law Society objects MEC’s South African lawyers

Maneno Chimulala
Constitutional Court Judges who nullified 2019 presidential election

BLANTYRE-(MaraviPost)—Malawi Law Society (MLS) has objected to Malawi Electoral Commission (MEC) decision to hire South African lawyers to represent it in the presidential election appeal case.

MEC sought legal services from the South African based law firm Mboweni Maluleke INC to among other; represent it in the appeal case of the nullified 21 May, 2019 presidential election.

Ironically, MLS honorary secretary Martha Kaukonde applied to the Chief Justice Andrew Nyirenda to allow the South African based Lawyers to represent MEC in the appeal case at the Supreme Court before taking a dramatic turn.

In a letter to its membership yesterday, MLS argues that MEC failed to comply with Public Finance Management Act. The argument specifies that MEC flouted sections 23 to 26 of the Public Finance Management Act as well as sections 172 and 176 of the Constitution.

“The Agreement between MEC and MBOWENI MALULEKE INC ATTORNEYS fails to satisfy with the Legal Education and Legal Practitioners Act and Rules thereunder as to costs of legal services in Malawi.

“It has been highlighted that Part III of the Legal Practitioners (Scale and Minimum Charges) Rules prescribes reasonable and fair charges for legal services with regard to all circumstances of the case. The society has submitted that there was (and there is) no reasonableness on the legal fee of $788,500,” reads the letter in part.

Chief Justice Andrew Nyirenda is yet to grant the wish of application for admission of the South African Lawyers MEC has hired as hearing of the application that was scheduled for April 7, has been shifted to Monday next week.

There’s is currently a public uproar over the decision by MEC to hire the South African law firm at a cost in excess of 600 million Kwacha arguing the country has brilliant and capable legal minds.

During a press conference in Blantyre, MEC Chairperson Justice Dr.  Jane Ansah said law firms in the country refused to represent the commission while the only lawyer who accepted to represent the electoral body is not available on the day of the appeal.

Law and order, Regional

Election Bribery: ACB wraps Malawians in the leaves

Richard Kayenda
Matemba Presser
General Reyneck Matemba refused to name names of suspects who attempted to bribe the five Constitutional Court judges overseeing the presidential election case

The Anti-Corruption Bureau (ACB) has today been unable to take the cat out of the bag as to who wanted to bribe the five judges hearing the presidential election case.

Speaking at a press briefing which the Bureau held in Lilongwe, the Executive Director of the institution, Reyneck Matemba, said of the two the Chief Justice mentioned; one belongs to private sector while the other work in one of three arms of the government.

Matemba has not been able to disclose the identities of the people who were reported by the Chief Justice, Andrew Nyirenda.

However, Matemba was quick to mention that the Bureau has put in place a task force that will investigate and bring the names into the limelight.

On Monday, the Head of the Judiciary, Chief Justice Andrew Nyirenda, report to ACB that some people wanted to bribe the five judges who are yet to pass judgment on the high-profile presidential election case. One of the judges reported the matter to the Chief Justice for an action.

Law and order, Malawi, Top News

Malawi’s Chief Justice certifies MCP, UTM polls case as constitutional

Maravi Post Reporter

BLANTYRE-(MaraviPost)-Head of the Malawi’s Judiciary, Chief Justice Andrew Nyirenda on Friday certified as constitutional the May 21 Tripartite Elections petition cases  filed by Malawi Congress Party (MCP) president Lazarus Chakwera and his UTM Party counterpart Saulos Chilima against Malawi Electoral Commission (MEC) challenging the results.

Registrar of High Court and Supreme Court of Appeal Agnes Patemba confirmed the development.

This means the consolidated case has now been referred to the Constitutional court where five judges will hear it.

The judges to hear the case are justices Healey Potani, Mike Tembo, Dingiswayo Madise, Ivy Kamanga and Redson Kapindu.

The two opposition leaders separately filed their applications with High Court Lilongwe District Registry last week challenging results of the May 21 presidential election in which governing Democratic Progressive Party (DPP) President Peter Mutharika was declared winner with Chakwera and Chilima coming second and third, respectively.

In his order to have the case consolidated, Judge Charles Mkandawire said having perused through the two petitions and their supporting documents, he had observed they were similar in nature and relate to common question of law.

Meanwhile, UTM president Chilima has called on party supporters to remain peaceful and calm as they wait for the outcome of the court case.

“We must all be angry at the fraud committed against the nation. But let us not direct our anger towards the wrong direction thereby contributing to the further deterioration of the already miserable lives of Malawi,” said Chilima.

He said people must seek truth and justice in the only institution mandated by the Republican constitution to adjudicate over disputes in an independent and impartial manner.

“Let us, if we can, store that anger as we shall soon unleash it to lawfully defeat the evil forces that keep holding back this country,” said the former vice president.

This message is in contrast with what the Malawi Congress Party (MCP) is doing whose cadres have resorted to at times violent protests over the outcome of the poll results.

In the MCP petition, the party cited several irregularities and incidents which the party believed helped Mutharika win a “fraudulent” election.

Among the irregularities cited was the stuffing of ballot papers with pre-marked ballots, tampering with election results sheets through correction fluid widely known as Tippex and officials being caught with result sheets at home.

The affidavit by MCP identifies the country’s oldest political establishment as the first claimant in the case, Chakwera as second claimant and MEC as the defendant.

The affidavit, among others, states that there were “several rigging acts by members, supporters, sympathisers, officials and DPP agents in favour of the governing party which distorted the results to favour DPP against the votes and will of the people of Malawi.”

In its affidavit, UTM Party wants the presidential results nullified, arguing the polls were marred by a “plethora of irregularities” including bribing presiding officers and monitors, stuffing ofpre-marked ballots, altering result sheets and intimidation.

corruption, Malawi, Top News

Malawi Judiciary slammed for immerse corruption

Lloyd M’bwana
BLANTYRE-(MaraviPost)-Government and Malawi Law Commission (MLS)  on Friday  bemoaned corruption in the judiciary.
Minister of Justice Samuel Tembenu and MLS Vice-President Tadala Chimkwenzule were speaking during Malawi Judiciary Sherry Party at Chichiri Court House Grounds.
“Sometimes you see the court orders and wonder, is this a court order or a lawyer’s order? We want the court to be applying the laws of the country because all the people who come to the courts want finality. We see people being acquitted on technicalities but what does the law say?” he said.
Chimkwenzule concurred with Tembenu saying corruption in the judiciary is both real and perceived, adding some of the decisions made in courts nowadays raise suspicions.
“You look at the decisions by the courts and wonder if they are merit-based. Now that erodes the integrity of the courts,” she said.
Chief Justice Andrew Nyirenda admitted that corruption has not spared the judiciary but said they are doing all they can to deal with the vice.
“We should start with conceding that there is corruption but we have the Judiciary and Fraud Prevention Policy to deal with the corruption. We will work with the lawyers themselves and the media to fight corruption in the judiciary,” he said.
Nyirenda said the judiciary will not be lenient on legal professionals caught in corruption saying, like anyone else, they will be prosecuted.
The Sherry Party brings together lawyers, magistrates, judges and all court users to celebrate developments in the judiciary.
During the party, four former justices of appeal – Richard Banda, Lawrence Chatsika, Friday Makuta and Leonard Unyolo – were honoured by naming court sessions which were previously named after British law icons.
Former president Joyce Banda was in attendance to support her husband during the auspicious event.
Law and order, Malawi

Law Society petitions Chief Justice Nyirenda over insufficient of court judges

Maravi Post Reporter

BLANTYRE-(MaraviPost)-The Malawi Law Society (MLS) has petitioned the Chief Justice Andrew Nyirenda to expedite recruitment of more judges in various courts across the country.

The Chief Justice Nyirenda being the chairperson of the Judicial Service Commission is asked to appoint more judges and registrars following the changes in the Courts Act which created five divisions of the High Court.

According to the petition made available to The Maravi Post, Section 6A of the Courts Act created Civil, Commercial, Criminal, Family and Probate and Revenue courts and judges have been allocated to some of the divisions in Blantyre and Lilongwe.

The petition dated February 8, 2017, signed by the MLS president Khumbo Soko and copied to the Minister of Justice and Constitutional Affairs Samuel Tembenu also notes statistics in their possession shows that there are 26 judges against the requirement of 46 and five registrars against the required 10.

Soko said as a result there are thousands of cases ready for trial but not enough judges to handle them.
Until recently, Mzuzu High Court had one judge before the transfer of new judge Thom Ligowe late last year.

President Peter Mutharika last year appointed two judges in July last year which brought the number to 26.

The Chief Justice has therefore acknowledged recipient of the petition.

Malawi

Malawians commemorate Bingu Wa Mutharika: Archbishop Msusa praises him for complying with the 1992 Pastoral Letter

Maravi Post correspondent

First couple laying wreath on Bingu’s grave

BLANTYRE (Maravi Post)— President Peter Mutharika on Saturday, led the Mutharika family and Malawians from all walks of life in remembering the late President Bingu Wa Mutharika, during a memorial ceremony held at Ndata Farm in Thyolo.

The service, which was memorialized by the Archbishop of Blantyre Thomas Luke Msusa, was attended by former First Lady, Madame Callista Mutharika, some cabinet ministers, Deputy Speaker of Parliament Esther Mcheka-Chilenje, and Chief Justice Andrew Nyirenda, among many other dignitaries and

Speaking at the ceremony, Archbishop Msusa described the Malawi late leader as having been a blessing to the Malawi nation. The late President Bingu wa Mutharika, also known as Ngwazi by his supporters, succumbed to cardiac arrest on April 5, 2012

“In April 2012, we gathered here (at Bingu’s Ndata Farm) with our hearts broken and heavy with sadness at the loss of our President. What compounded our sadness was that we had lost a leader who had achieved a lot for us. Bingu was a blessing to the nation of Malawi,” Msusa said.

On more than three occasions during his memorialization of Malawi’s economic engineer, Archbishop Msusa recited one of Bingu’s favourite chorus “Tiyende pamodzi ndi mtima umodzi.”

Msusa said Bingu was also a blessing to the nation because he believed in God and that he demonstrated this through finding time although he was a busy President, to frequently attend church services.

“Let’s appreciate our believer leaders and that we are in a country that believes in God. All our presidents have been believers and those are the leaders we need for our country,” the Archbishop said.

He reminded the gathering that the year 2017, marks 25 years since Catholic Bishops issued the pastoral letter that spearheaded political change in Malawi.

He said in his time, Bingu delivered on some of the issues which the letter highlighted and said Malawians needed. The Archbishop also said when Bingu had assumed the presidency in 2004, he was aware of the challenges which Malawi were facing, and which the Pastoral Letter had documented. The Archbishop said “Malawi benefited a lot under Bingu’s leadership.”

“Yes, we did not reach where we wanted (as spelt out in the 1992 Pastoral Letter), but he did his part. Rome was not built in a day,” he said.

Archbishop Msusa therefore called upon Malawians, to build on Bingu’s work and adopt his spirit of “Tiyende pamodzi ndi mtima umodzi” and mantra “let the works of my hands speak for me,” for Malawi’s development.

“We need to stay united, to pray for our leaders, so we get the answers to the problems we continue to face,” he said.

The memorial service was followed by laying of wreaths at the late President Bingu wa Mutharika’s grave at Mpumulo wa Bata Mausoleum at Ndata Farm in Thyolo district. This is also the former First Lady, late Madame Ethel Mutharika, was interred in May 2007.

The late President Bingu wa Mutharika, was the first president in Malawi, to die in office. He is survived by his wife and four children.

Malawi

Magistrate court Judge Gandali dismissed for obtaining bribes from clients

Maravi Post correspondent

Mlenga Mvula: Gandali is dismissed

ZOMBA-(MaraviPost)-The Judicial Service Commission dismissed magistrate Maxford Gandali after he reportedly failed to uphold the rule of law by demanding money from clients of the court as well as embezzling funds meant for compensating clients.

The Commission’s decision comes barely after another incident wherein Justice Gandali was in 2016 suspended following his alleged involvement in corrupt practices. Gandali was posted at Liwonde Magistrate Court in Machinga, but committed the crime while serving in Zomba.

The Justice Gandali has worked with the Judiciary since November 2009 when he was appointed third grade magistrate until last year when he was sent on indefinite suspension following several verbal and written warnings.this was the result of official complaints lodged against him by court clients.

Gandali’s dismissal has been confirmed by the Judiciary Spokesperson Mlenga Mvula, and the Malawi Supreme Court of Appeal  Agnes Patemba, who was Chief Resident Magistrate (CRM) heading the Eastern Region at the time Gandali committed the alleged offence.

“On several occasion Gandali was summoned and verbally warned about his unbecoming behavior of soliciting money from court clients, but he never changed.

“Before the suspension, I cautioned Judge Gandali’s misconduct but despite the warnings, and the several complaints continued to be presented to my office about his habit of soliciting brides.

“Within a year, I transferred him to three different courts, but complaints of his demanding bribes from clients did not stop. Therefore, because of the gravity of the offences, the matter was Refered to the Chief Justice, who because of the gravity to the offences, resolved to dismiss Gandali,” Patemba said.

A dismal letter signed by Chief Justice Andrew Nyirenda, dated February 6, 2017, highlights that Judge Gandali’s action contravenes rule 2(6) of the General Code of Conduct and Rules 2 (1) and (2) of the Judicial Code of Ethics as stipulated in the Eleventh and Twelfth Schedule to the Conditions of Service for judicial officers (2012) respectively.

Cases of soliciting bribes amongst magistrates have been rising over the years; the perpetrators have continued this malaise due to failure by court users to report them to the relevant agencies including Anti-Corruption Bureau and police.