Tag Archives: Chief Secretary to Government Lloyd Muhara

Malawi

Southern Africa Judges condemn Malawi’s Chief Secretary for undermining Judiciary

Maneno Chimulala

Written by Richard Kayenda

Judges of the Malawi Supreme Court of Appeal

MZUZU-(MaraviPost)—Pressure continues to pile on President Peter Mutharika over the announcement by Chief Secretary to the Government Lloyd Muhara that Chief Justice Andrew Nyirenda was proceeding on leave pending retirement apparently after the top judge accumulated more leave days than those that remain to his retirement date.

After getting fierce criticisms from local legal experts including the Judiciary itself,  Southern African Chief Justices’ Forum (SACJF), a grouping of chief justices and equivalent judicial leaders from Southern African countries, has also punched holes in the decision by the Malawi Government’s executive arm to unconstitutionally send the Chief Justice Andrew Nyirenda, S.C. on mandatory retirement.

According to a statement issued by the forum on June 15, 2020, the development undermines the independence of the judiciary and individual judges.

“As leaders of the judiciaries in our respective countries and as members of the Southern African Chief Justices’ Forum (SACJF), we are deeply concerned about the recent developments in Malawi which appear to undermine the independence of the judiciary and individual judges. On 12 June, 2020, the Malawi Government’s Chief Secretary issued a notice purporting that Chief Justice Nyirenda had been placed on leave with immediate effect,” reads the statement partly.

The forum further says it has learnt that a similar notice has been issued in relation to Justice of Appeal, Mr Edward Twea, S.C. and that it is aware that constitutional tenures of Justice Twea and the Chief Justice Nyirenda expire in April and December, 2021, respectively.

The forum has since urged the executive arm of the government to withdraw the offensive notice of placing Chief Justice Nyirenda and Justice Twea on forced leave and make an appropriate public announcement about such retraction.

The statement has also indicated that the forum is aware of President Arthur Peter Muthatika’s recent attack on the Judiciary; saying that the Parliament was more supreme than the courts yet it is the constitution that is the supreme law of Malawi since it provides for separate but mutually interdependent arms of the government.

The international chief justices have, therefore, reminded the government that respecting the independence of the judiciary is a constitutional obligation and it must be observed in order to ensure the confidence of the judicial staff.

Southern African Chief Justices’ Forum is a body of chief justices and other judicial leaders from the such countries as Botswana, Tanzania, Seychelles,Malawi and others from the Southern part of Africa. Its primary function is to safeguard the independence and confidence of respective judiciaries in the said countries.

On Friday last week, the Chief Secretary to the government, Lloyd Muhara, wrote a public notice informing the general public that the Chief Justice Andrew K. C. Nyirenda would proceed on leave pending retirement with immediate effect. Such a notice has since stepped on the tails of both local and international legal commentators; describing it as both irregular and unconstitutional since the Chief Justice is a head of judiciary, an independent branch of government.

But in a statement in response to Muhara’s public notice, the Judiciary “asserts that the Chief Justice and Justices of Appeal shall continue to discharge their functions as per their constitutional mandate”.

The statement, signed by Registrar of the High Court and Supreme Court of Appeal, Agness Patemba, states that the accumulated leaves days for Nyirenda and Supreme Court Judge Edward Twea are less than what is mentioned by the Chief Secretary if calculated in accordance with the Conditions of Service for Judicial Officers.

“Over the years, the Chief Justice and Justices of Appeal have accumulated leave days because they have been prevented from proceeding on leave for all their entitled leave days due to exigencies of their office,” the statement says.

It adds that once a judge is appointed, all other matters relating to welfare and discipline fall within the exclusive province of the Judiciary and the Judicial Service Commission as per sections 116 and 118 of the Constitution.

“After the appointment, therefore, the Executive is not involved in the internal affairs of the Judiciary,” the statement says.

According to the Judiciary, Supreme Court Judge Jane Ansah opted for leave pending retirement and was granted that wish on January 27, 2020 while Justice Dunstain Mwaungulu is in the United Kingdom and cannot travel back home due to a Covid-19 lockdown in that country.

According to the Judiciary, the retirement dates for the current Supreme Court of Appeal bench up to December 2021 is as follows:

Anthony Kamanga SC – September 2020

Jane Ansah SC – October 2020

Edward Twea SC – April 2021

Dunstain Mwaungulu SC – June 2021

Anaclet Chipeta SC – July 2021

Andrew Nyirenda SC – December 2021

Malawi

Malawi’s Chief Justice forced to go on leave pending retirement

Maneno Chimulala
Chief Justice Andrew Nyirenda

BLANTYRE-(MaraviPost)— Chief Justice Andrew Nyirenda has been forced by the Malawi Government to go on leave pending retirement, MaraviPost has learnt.

In a Notice signed by Chief Secretary Lloyd Muhara, it is alleged that Nyirenda has accumulated more leave days than the days left for him to work.

According to Muhara, in the interim, the most senior Justice of Appeal will act in Nyirenda’s place until the next appointment.

MaraviPost understands that after Nyirenda, the second most Senior Justice of Appeal is Justice Edward Twea and after Twea comes Justice Lovemore Chikopa.

Commenting on the matter, Youth and Society (YAS) director Charles Kajoloweka has accused Muhara of meddling in the tenure of office of the Chief Justice.

“Muhara has no business to meddle in the tenure of office of the Chief Justice. We know its the Executive’s attempt to overthrow the Judiciary. It’s a coup. We are all invited to stop this criminal scheme,” wrote Kajoloweka on his official facebook page.

The Chief Justice is appointed by the President on the recommendation of the Judicial Service Commission (JSC) and confirmed by the National Assembly by a majority of two thirds of members present and voting.

Justice Nyirenda will be remembered for the landmark ruling of the presidential election case in which the 2019 presidential election was nullified on grounds of massive irregularities.

Following the election appeal case judgment, President Mutharika has been castigating the Judiciary for robbing him of his victory based on irregularities that never changed the original results of any candidate in the presidential race.

Andrew  Nyirenda, born on 26 December, 1956, was appointed in March 2015 as the country’s Chief Justice.

He has a Bachelor of Laws from Chancellor College of the University of Malawi which he received in 1980 and a Masters of Laws from Hull University, England obtained in 1985.

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.

Top News

No public holiday on polling day but go to vote- Malawi Govt

Maravi Post Reporter

 

By Grace Dzuwa

LILONGWE-(MaraviPost)-Malawi Government through the Chief Secretary says there will be no public holiday on polling day, May 21 but registered voters will be allowed to participate.

Chief Secretary to government Lloyd Muhara through a statement made available to The Maravi Post therefore urged all registered voters to exercise their voting rights during this year’s tripartite elections on 21 st may 2019.

Muhara observed that pooling day is not gazetted as a public holiday in Malawi .As such, 21 st may 2019 will not be a public holiday.

“However, Heads of government ministries , department  and Agencies are hereby requested to put in place proper arrangements for employees to go and cast their votes while ensuring that there is no disruption to public service delivery especially delivery or essential services .

“Finally , Government further appeals to all employers , throughout the country to allow their employees to cast their votes at their respective polling stations,” says Muhara.

Malawi, Top News

Malawi Cabinet dissolved ahead of May 21 polls

Lloyd M’bwana

LILONGWE-(MaraviPost)-Malawi President Peter Mutharika on Wednesday dissolved the cabinet just seven days before the nation goes to polls on May 21.

President Mutharika has dissolved the cabinet in exercise of the powers conferred upon him by Section 95 (2) of the Constitution of the Republic of Malawi, dissolved the Cabinet with effect from May 15, 2019.

In a press statement signed by Chief Secretary to government, Lloyd Muhara and made available to The Maravi Post, says “Following the dissolution of Cabinet and until the appointment of a new Cabinet, all Ministerial powers, functions and responsibilities shall vest in and be exercised by His Excellency the President.”

The statement further said “all queries or matters should be directed to the Office of the President and Cabinet.”

However two of the country’s well-known political analysts have hailed President Peter Mutharika for maintaining a lean Cabinet since he took over the reins of power five years ago, saying the stint has saved Malawi’s fragile economy billions of taxpayers’ resources.

George Phiri, of the University of Livingstonia and Professor Mustapha Hussein of Chancellor College heaped praise on Mutharika for not being “extravagant” with his cabinet.

During his campaign, prior to his May 2014 election as state president, Mutharika had promised maintaining a lean cabinet as one of his measures to control government expenditure.

The DPP has three main rivals in this election—Malawi Congress Party (MCP), which is in alliance with former president Joyce Banda’s People’s Party (PP) and Freedom Party (PP), Vice-President Saulos Chilima’s UTM and the United Democratic Front which has Minister of Health Atupele Muluzi as its torchbearer.

In 2014, DPP made a 36.4 percent surprise presidential votes win from the opposition, beating incumbent president Joyce Banda whose People’s Party (PP) came third. MCP came second, with a difference of about 400 000 votes.

 

Top News

Malawi President Mutharika resumes campaign trail after hours of his illness speculations

Maravi Post Reporter 1 Comment

LILONGWE-(MaraviPost)-Malawi President Peter Mutharika will on Tuesday resumes his campaign trail after a day of social media speculations that the President was critically ill.

In a press statement released on Monday, May 13, signed by Chief Secretary to Government Lloyd Muhara says President Mutharika will go on his whistle-stop election campaign tour is scheduled to conduct in Salima and Dedza districts on Tuesday.

On Sunday Muhara issued a statement that Mutharika  planned rallies in the districts were postponed on Sunday due to urgent matters the President had to attend.

Malawi goes to polls in the next seven days on May 21.

Malawi, Politics, Top News

Malawi’s Safe Motherhood chief director Chimwemwe Chipungu resigns to pursue politics

Maravi Post Reporter
By Nenenji Mlangeni
LILONGWE-(MaraviPost)-Chief director responsible for safe motherhood and maternal health, Chimwemwe Chipungu, who doubles as governing Democratic Progressive Party (DPP) organising secretary has resigned in a bid to pursue politics in next year’s Malawi’s tripartite elections.
Chipungu resignation comes after general  outcry that the latter was still serving a public officer when he was directly involved in politics.
In a resignation letter dated September 15, 2018, The Maravi Post has, DPP organising secretary briefly wrote Chief Secretary to Government Lloyd Muhara that he resigned for political reasons.
But in his response letter dated October 18, this year, Muhara advised Chipungu to follow contractual agreement of three months notice before extinguishing his duties.
The development also comes after government last month terminated employment contracts of three public officers including former first lady Callista Mutharika, George Saonda and Chiza Mbekeani who are aligned to the United Transformation Movement (UTM).
Malawi

Malawi Govt faulted for reducing VP Chilima’s benefits

Maravi Post Reporter

The country’s law experts have faulted government for limiting Vice-President Saulosi Chilima’s benefits to when he is doing government business only.

 

A letter signed by Chief Secretary to Government Lloyd Muhara, addressed to all principal secretaries and heads of department, says the Vice-President will be accorded his benefits “ whenever he is conducting government businesses”.

 

But Michael Goba Chipeta, who is the immediate former secretary of the Malawi Law Society (MLS), said the Presidents Salaries and Benefits Act says vice-presidents are entitled to the benefits by virtue of being vice-presidents and not necessarily when they are doing government businesses.

 

Chipeta has quoted Section 4 (1b) of the Presidents Salaries and Benefits Act.

 

“The Act is very clear. It says the Vice-President shall be entitled to the salary, benefits and facilities prescribed in part 2 of the schedule. So the entitlements are by virtue of being the Vice- President and not only when he is doing government work. The Act doesn’t say that. Whether he is attending a wedding or going to church or anywhere else, he is supposed to have those entitlements,” he said as quoted in the Daily Times .

 

MLS president Alfred Majamanda has concurred with Chipeta saying the Act does not specify the scenarios where the Vic- President is to be accorded his benefits.

 

But government spokesperson Nicholas Dausi has backed the decision saying Chilima will only be using government resources he is entitled to when he is doing government business assigned to him by President Peter Mutharika.

 

“The letter [to the principal secretaries] is self-explanatory. If, for example, the Vice- President is attending a meeting or anything he has been delegated by the President, then that is government business because he is the Vice-President. Vice-presidents act on delegated power from presidents. If he is doing government businesses, then he will be accorded everything he is entitled to because he is the Vice-President of the State,” he said.

 

Government has announced the move barely a week after Chilima lambasted the Democratically Progressive Party-led government accusing it of corruption and described it as rotten to the core last Saturday when he launched his United Transformation Movement at Masintha Ground in Lilongwe.

 

Malawi, Top News

President Muthalika chops VP Chilima portfolios further; no longer heads disaster and public events

Lloyd M’bwana

LILONGWE-(MaraviPost)-President Peter Mutharika on Friday directed that the Department of Disaster Management Affairs and National Public Events, previously under the office of Vice-President Saulos Chilima, to be under the Office of President and Cabinet.

In a statement communicating the transfer of Dodma to OPC on Thursday, Chief Secretary to Government Lloyd Muhara also said Mutharika has exercised his constitutional powers.

“His Excellency Professor Arthur Peter Mutharika, President of the Republic of Malawi in exercise of powers conferred upon him by the Constitution has directed that, with immediate effect, the functions of the Department of Disaster Management Affairs and National Public Events be under the Office of the President and Cabinet,” reads Muhara statement.

State House, on the other hand, has said there are no personal positions in government.

State House press secretary Mgeme Kalilani on Friday said the Constitution empowers Mutharika to run the country on behalf of and in the best interest of Malawians.

“He [Mutharika] makes decisions in that spirit from time-to-time. The realignment you are asking about has been done with the same spirit. There are no personal positions in the government.

“To assume that only certain individuals deserve to be assigned certain government functions is tantamount to trivialising the sanctity of government; such thinking should not be encouraged,” said Kalilani.

VIP Chilima’s spokesperson Pilirani Phiri, said the Vice-President was thankful to have been given an opportunity to serve Malawians.

“It is the prerogative of His Excellency the President to assign and reassign ministries and departments. The Vice-President is thankful for the opportunity to have served Malawians in that capacity as Minister of Disaster Management Affairs,” said Phiri as quoted by The Nation Newspaper .

The decision to take over the Dodma portfolio, comes at a time when Chilima has publicly expressed dismay over growing levels of corruption in government, deteriorating standards of living among Malawians and hooliganism orchestrated by the ruling Democratic Progressive Party (DPP) youth cadets.

This is the second time Mutharika has stripped Chilima of a portfolio. Last year, he transferred the Public Sector Reforms Programme (PSRP) from Chilima’s office to OPC at a time many people thought the reforms were working better under the Vice-President’s watch.

Chilima, apart from dumping the DPP at a time some party gurus were asking him to challenge Mutharika at the recent [July 1-3] convention, has also hinted at challenging Mutharika in next year’s Tripartite Elections.

Political and governance analyst George Phiri of the University of Livingstonia said the decision to remove Dodma from Chilima’s office smacks of politics of hatred.

“Taking away the department from Chilima does not mean changing the situation for the better. He has performed well in that capacity as overseer. Malawians have a testimony of this; hence, Malawians should learn how politics of hatred works in the country.

“Chilima’s stand to resign from DPP is likely the cause of this removal, but it is a common Malawian who will subsequently suffer from the consequences. It is imperative that leaders should differentiate between politics and development. Hating one should not cause suffering of the other,” he advised.