Peter Mutharika faces more criticism
Nkhoma Synod Church and Society has joined calls for the independence of the Judiciary from Executive interference after the government announced that Chief Justice Andrew Nyirenda would be proceeding on leave pending retirement after accumulating more leave days than those remaining on his tenure.
The synod’s Director Fred Mwathengera said Tuesday that the conduct of the Executive arm of government, headed by President Peter Mutharika, undermines the independence of the Judiciary.
“Let judges dispense their duties without any interference from any quarter even the Executive itself. Recent events attest to the fact that the Executive would like to control the Judiciary. That has to stop,” Mwathengera said.
He added: “Such kind of interference may result in the judges not providing independent judgements and freely conducting their business. Political interference in the Judiciary must be resisted at all cost.”
Monday evening, the Commonwealth Lawyers Association, the Commonwealth Magistrates’ and Judges’ Association and Rechters Voor Rechters (Judges for Judges) have also urged the Malawi Government to abide by the Constitution and international obligations including the Commonwealth Charter agreed by Heads of Government.
The three bodies were responding to the same issue of alleged government attack on the Judiciary.
“The rule of law cannot exist or function if government and other state authorities ignore their constitutional obligations and fail to abide by court orders or take any measure that erodes the authority, independence of the Judiciary,” the institutions state.
Mutharika has recently been accused of championing an assault on the Judiciary apparently after the courts nullified the May 21, 2019 presidential election.
The courts ordered that a fresh election should be held within 150 days from February 3 when the first judgement, which was delivered by the Constitutional Court, was delivered.
