The Judiciary, a key arm of government, has asserted that Chief Justice Andrew Nyirenda shall continue to discharge his duties together with other Justices of Appeal (JAs) " as per their Constitutional mandate", despite the Executive 's pushing Nyirenda for forced leave, pending retirement.
In a statement, signed by High Court and Malawi Supreme Court of Appeal registrar Agness Patemba has contradicted the notice filed by Chief Secretary in the Office of President and Cabinet, Lloyd Muhara that Chief Justice Nyirenda had accumulated more leave days than the remainder of his working days to his retirement date.
But the Judiciary statement clarified: "As a matter of fact, the accumulated leave days for the Honourable the Chief Justice and Honourable Justice [Edward] Twea are less than what is mentioned in the letters by the Chief Secretary if calculated in accordance with the Conditions of Service for Judicial Officers."
Meanwhile, the High Court of Malawi on Sunday granted two separate orders stopping the process to have Chief Justice Nyirenda proceed on leave pending retirement.
a public notice dated June 12 2020 from Muhara--a judge of the High Court on secondment to the Executive-- states that the Chief Justice should proceed on leave to clear his days pending retirement and that his replacement would be appointed in due course.
