Lawyers plan to march on Wednesday in defence for judicial independence and rule of law

By Duncan Mlanjira Lawyers of Malawi have applied to the authorities of the four cities — Blantyre, Lilongwe, Zomba and Mzuzu — of their intention to hold peaceful demonstrations on Wednesday, June 17 “to push President Arthur Peter Mutharika and the Executive arm of the Government to respect the independence of the judiciary and rule of law”. Copied to the Inspector General of Police as well as police officers in charge and district commissioners in all the four cities,…

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Southern African Chief Justices’ Forum joins condemnation of action against Justice Nyirenda

By Duncan Mlanjira Southern African Chief Justices’ Forum (SACJF) has added voice in the condemnation of the action by the Malawi Government to force Chief Justice Andrew Nyirenda and Justice of Appeal Edward Twea to go on mandatory leave pending retirement. In a statement issued on Monday, June 15, SACJF says it is deeply concerned about the recent developments in Malawi which appear to undermine the independence of the judiciary and individual Judges. SACJF joins concerned African legal and…

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Once a judge is appointed, Executive powers stop there

By Duncan Mlanjira Once a judge has been appointed by the State President, the executive arm of the government is not involved in the internal affairs of the Judiciary and all matters relating to welfare and discipline fall within the exclusive province of the Judiciary itself and the Judicial Service Commission as per sections 116 and 118 of the Constitution. This has been said by the Judiciary in a statement in reaction to Friday’s notice issued by the Chief…

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Concerned African organization jointly condemn ‘threats against independence of judges in Malawi’

By Duncan Mlanjira  Concerned African legal and civil rights organization have jointly issued a statement condemning what they have described as “threats against independence of judges in Malawi” following Friday’s notice issued by the Chief Secretary to the Government Lloyd Muhara in announcing that the Chief Justice Andrew Nyirenda should go on leave with immediate effect pending his retirement.  The petitioners — 42 in total — take cognizance that a similar communication has been issued in respect of another…

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High Court orders Muhara from taking further action to force Chief Justice to go leave pending retirement

By Duncan Mlanjira The High Court has ordered Chief Secretary to the Government, Lloyd Muhara from taking further steps to implement the notice he issued on Friday, June 12 that is ordering the Chief Justice Andrew Nyirenda to go on mandatory leave pending his retirement. The High Court has since granted permission to commence Judicial Review of this decision by the government done through Muhara. The Court also asks Muhara to furnish the petitioners copies of all correspondents between…

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Some critical electoral materials not yet delivered with just 10 days to fresh presidential polls

By Duncan Mlanjira Some of electoral materials deemed critical for the fresh presidential election have not yet been delivered with just 10 days to go to the polling day, June 23 and where absolutely necessary, MEC shall seek an extension to the date of elections if the challenges are not resolved timely. At a press briefing in Lilongwe on Saturday, new Malawi Electoral Commission (MEC), chairperson Justice Dr. Chifundo Kachale disclosed that the total anticipated types of materials is…

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MEC has a deficit of K8.7 billion on its budget

By Ireen Kayira, MANA Malawi Electoral Commission (MEC) says it has a deficit of K8.7 billion to cater for the expenses of the fresh presidential election, whose total budget is K38.3 billion. On Friday, Government allocated K29.6 billion towards the election in the 2020/2021 fiscal year budget, which is less than the amount that is needed for MEC to run the process. Speaking during a press briefing in Lilongwe on Saturday, new MEC chairperson Justice Dr. Chifundo Kachale said…

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Selective justice in the face of COVID-19

Analysis by Wisdom Ngwira, MANA When the Malawi Government declared COVID-19 pandemic a national disaster on March 20, 2020, almost all sectors of the society came to a halt. Three days after this declaration by President Peter Mutharika, government set out a number of measures which were aimed at preventing the spread of the virus such as closure of schools with immediate effect, banning of public gatherings of more than 100 people and the same with sporting and entertainment…

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New MEC chairperson Justice Kachale hits the ground running: Sets to Gazette June 23 voting day

By Duncan Mlanjira Newly-appointed Malawi Electoral Commission (MEC) Justice chairperson, Dr. Chifundo Kachale has announced that the pollster will publish the official publication of legal notices in the Malawi Government Gazette setting June 23, 2020 as the date of voting for the fresh presidential elections. In a statement issued on Wednesday, Kachale said this is in compliance with the formal communication from the Clerk of Parliament dated June 9, 2020 informing the Commission of the Parliamentary Resolution of the same…

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HRDC hands over petition to Mzuzu City Council over MEC Commissioners Mathanga and Kunje

By Cosmas Chimaliro, MANA Human Rights Defenders Coalition (HRDC) on Tuesday handed over a petition to Mzuzu City Council faulting President Peter Mutharika on re-appointment of two Malawi Electoral Commission (MEC) Commissioners Jean Mathanga and Linda Kunje. Reading the petition before presenting to acting Chief Executive Officer, Yotam Mutafya, HRDC chairperson for the North, Happy Mhango said it is not right for the president to retain the commissioners who have been deemed incompetent. “The former commissioners messed up the…

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