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Peter Mutharika warns Judiciary

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THE JUDICIARY IS NOT GOVERNMENT IN ITSELF— Mutharika

President Peter Mutharika has warned the judiciary not to interfere with the responsibilities of other arms of government; executive and legislature.

Mutharika said this when he presided over swearing in ceremony of three new High Court judges Texious Masoamphambe, Chimwemwe Kamowa and Jabber Alide in Blantyre.

“As the Head of State I respect the independence of the judiciary but let me be clear that all over the world, the independence of the judiciary does not mean that the judiciary is government in itself. Parliament should do its work of making laws, the judiciary should interpret them while I implement them.

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“The judiciary should be making its judgments without interfering with the other arms of government. In fact, it is not separation of powers as people call it but division of responsibilities,’ he said.

Mutharika then challenged the judiciary to be impartial and accountable in its work describing judges as moral compass of the society.

“Malawians expect expeditious and impartial judgment. Malawians expect judiciary of high and unquestionable integrity. Judgment means acting fairly without fear or favour,” he said.

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Addition of the three judges brings the number of High Court judges to 37 in the country.

However Chief Justice Andrew Nyirenda said four judges are set to retire this year which means that the numbers are expected to remain low.

On Mutharika’s call for the judiciary not to interfere with the responsibilities of the other arms of government, Nyirenda said it is normal to have occasional conflicts within arms of government.

“I believe that this is coming in relation to what has been said in the recent past that judiciary is interfering with the functions of other arms of government but the laws are always looked at in different ways. Sometimes we differ even among ourselves but what matters is that we deliver justice without fear or favour in accordance with the oaths we take,” he said.

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