Silungwe, the 19th Attorney General
* Leaking my Opinion in the manner it happened is simply silly and immature
* I trust that the people of Malawi have seen the last chapter of this absolute and hideous nonsense
* This personal delusion must not be allowed to morph into institutionalized pettiness that threatens the professionalism required in public service
By Duncan Mlanjira
Malawi’s Attorney General, Chikosa Mozesi Silungwe has lambasted senior government officials who leaked two of his Opinions he made last year, describing them silly and immature.
The Opinions were leaked and went viral on social media on Thursday, February 11, 2021, which he gave to two senior offices in government — one done on August 12, 2020 on legality of interdiction without pay and the other on August 20, 2020 on composition of the Malawi Electoral Commission.
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“Since I know that the leakages are not from the Ministry of Justice, I expect colleagues from other ministries, departments or agencies to be the professionals they must be,” he said in a statement issued on Friday.
“Leaking my Opinion in the manner it happened…is simply silly and immature. I trust that the people of Malawi have seen the last chapter of this absolute and hideous nonsense.
“This personal delusion must not be allowed to morph into institutionalized pettiness that threatens the professionalism required in public service.
“The leakages have generated unwarranted cyber-debates often leading to conclusions that I have misapplied the law.
“It will be serious neglect of my constitutional obligation if I were to provide unsound legal advice to government. I would have let myself down. I will have let the people of Malawi down.”
Silungwe and legal team during the 2019
constitutional court hearing
He continued to explain that he would not have accepted his appointment as the 19th Attorney General of the Republic when he knew that he was incompetent for the position.
“I accepted the appointment because I know that I am competent to serve the people of Malawi as their Attorney General.
“On 13th July, 2020, I joined a team of solid and professional lawyers who are fiercely dedicated to serve the people of Malawi. When I issue an Opinion on a matter, it is the manifestation of the product of rigorous in-house legal research.
“At that point, I have made up my mind that the Opinion I am issuing is one I can stand by. The Opinions of 12 August 2020 and 20 August 2020 are Opions I will stand by. The Opinions are correct at law.”
President Chakwera
He added that under the country’s constitutional order, the President can fire one public officer for giving wrong legal advice — “that person, at the moment, is Chikosa Mozesi Silungwe”.
“Nameless lawyers or nameless senior government officials do not bear the constitutional obligation. It is an obligation that I take very seriously. The people of Malawi can be assured that I will not let them down.
“There are a number among us — public officers — who have deluded, personal agenda that tends to be driven by a condescending attitude towards other public officers.”
He said he recognises that the discharge of the mandate of a public office is not self-serving in order to caress the ego of an incumbent.
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“The discharge of such mandate has constitutional underpinnings — the interests of the people of Malawi; their trust and the requirement to uphold an open, accountable and transparent government— all these are paramount under Malawi’s constitutional order.
“The constitution states that the Attorney General may be removed from office by the President only on the grounds of incompetence, incapacity or being compromised in the performance of his duties to the extent that he is no longer able to give impartial legal advice.”
Silungwe became the 19th Attorney General on June 20, 2020 and his tenure ends on June 28, 2023. The first Attorney General assumed office in 1964.
