By Falles Kamanga
We have seen a notice of strike circulating in our social media sphere, purportedly originating from Judiciary Support Staff.
I can confirm, with the public here, that this is an underhand of the Democratic Progressive Party (DPP) and probably Malawi Electoral Commission (MEC). The intention is to render the judiciary environment constrained for business. This is one of their numerous attempts to hinder the commencement of trial of the elections case.
The reason is straight forward: DPP and MEC have no tangible defense and their loss in the case is guaranteed. Thus succeeding in halting this trial, the better for them.
For those doubting this (hidden) reality, do proper research and find out who has authored this memo which is in circulation.
If your findings do dot indicate to a certain judiciary support staff member who works at a Magistrate Court sitting in Mulanje, do your research deeply.
This particular civil servant, together with a couple of others, working in the judiciary are simply carrying out a plot by DPP. We will not be far from the truth if we call them mercenaries.
Actually, the legitimate body representing the Judiciary Support Staff, which is dully registered in accordance with Chapter 54 of Labour Relations Act, IS AGAINST THIS STRIKE being fully aware that it is orchestrated by the politicians.
In fact, the registered association of the Judiciary Support Staff is, tomorrow, meeting the Chief Justice to indicate their position and disassociate themselves from this DPP-engineered move.
Did you observe that the memo, actually, does not have any Letterhead whatsoever? The mercenaries knew very well of the consequences that would befall them if they were to illegally use the association’s Letterhead.
WHAT ARE THE MATHEMATICS BEHIND THIS MOVE?
To begin with, let us understand who are the Judiciary Support Staff: These are Government employees in the Civil Service which are deployed to assist operations in the Judiciary. They include Court Marshall; Accountants; Clerks; Cleaners; Drivers, Interpreters, etc. Just like any other Civil Servant, they can be transferred from one Government department or agency to another.
On the other hand, the core Judicial Staff (who are called Judicial Officers) comprises the Judges; the Registrar and the Magistrates. For the Judicial Officers to carry out their duties, they, from time to time, require (as a matter of convenience) assistance from the support staff.
During proceedings, for example, Interpreters will assist witnesses whereas Clerks and Stenographers will be needed to record the proceedings.
However, this is NOT a legal requirement and the Court is at liberty to improvise alternatives if it so deems necessary to sit yet the support staff are unwilling to render their services.
The proceedings thereto, can never be challenged to be illegal. So, the services rendered by the support staff are, but merely of convenience than absolute necessity.
Having said that, let me not assist your mind in getting lost to the main issues: The strike is illegal (in that it is not by a legally recognized representation of the support staff) and orchestrated by politicians and criminals who are attempting to run away from the court case.
The legitimate body (the association) of the Judiciary Support Staff has not endorsed this strike and is having its own meeting tomorrow with the Chief Justice.
