Malawi Chief Justice told to step down

Malawi’s chief justice has been asked to step down before the official end of his term.

The government says Chief Justice Andrew Nyirenda has accumulated too many leave days.

“The Honourable Chief Justice has accumulated more leave days than the remainder of his working days to retirement to retirement date,” Malawi government chief secretary Llyod Muhara said in a statement.

Chief Justice Nyirenda last month led a panel of six Supreme Court judges that upheld a February Constitutional Court ruling annulling President Peter Mutharika’s election victory.

The courts ordered new polls after ruling that the 2019 election was marred by “widespread” irregularities.

Mr Muhara said the most senior Supreme Court judge will take over from Justice Nyirenda in an acting capacity “until such time” when President Mutharika appoints a successor.

The move, however, has sparked accusations that President Mutharika is trying to interfere with the independence of the judiciary ahead of the fresh polls set for June 23.

Danwoood Chirwa, a Malawian legal expert based in South Africa, described the move to end Justice Nyirenda’s tenure prematurely as illegal.

“This is the work of a government, which is illegitimate to begin with, which is afraid of itself and of a likely loss on June 23, and is desperate to take revenge on the judiciary before it leaves power,” Professor Nyirenda was quoted saying.

“The issue of leave, to be clear, is an internal human resources issue over which the chief justice has ultimate authority.”

Concerns over interference in the operations of the judiciary come at a time fears are growing that Malawi’s June polls will not be free and fair due to a spike in cases of politically motivated violence against opposition politicians, human rights activists and journalists.

President Mutharika will face Lazarus Chakwera, who is supported by an opposition coalition that includes the Malawi Congress Party and the United Transformation Movement.

Dewa Mavhinga, the southern African director at Human Rights Watch, said the situation in Malawi ahead of the polls is a cause for concern.

“Malawi authorities should immediately develop processes that will ensure free, fair and safe elections,” Mr Mavhinga said.

“They should enforce a range of measures to safeguard citizens against violence; appropriately prosecute those responsible.

“Malawi authorities should fulfil their obligation to guarantee the rights of all eligible Malawians to vote in free and fair elections.

“Political violence needs to end to ensure a conducive environment for a credible vote.”

President Mutharika has not ratified electoral reforms passed by Parliament, which were directed by the Constitutional Court.

The Africa Centre for Strategic Studies said this poses a threat to Malawi’s democracy.

“President Mutharika’s resistance to the Constitutional Court ruling has taken the country into uncharted territory,” the centre said in its latest commentary.

“In addition to threatening the rule of law, the crisis risks Malawi’s long-cherished domestic stability.”

After the court setback, the Malawian president dismissed army commander General Vincent Nundwe, along with his deputy.

The army, under Gen Nundwe’s command, protected Malawians who protested for several months against the poll results and resisted the government’s calls to use force against the protestors.