Malawi: World’s Law Professors and Academics Condemn Executive Assault On Malawi Judiciary

Malawi: World’s Law Professors and Academics Condemn Executive Assault On Malawi Judiciary

We, legislation professors and teachers from world wide, word the judgments of the Excessive Courtroom of Malawi sitting as a Constitutional Courtroom and of the Malawi Supreme Courtroom of Attraction, which held that the presidential election held on 21 Could 2019 was marred by illegal and unconstitutional actions and irregularities, and due to this fact that there should be a recent presidential election. These judgments additionally supplied steering on the usual for use when figuring out the winner of a presidential election.

Legislation skilled Danwood Chirwa: One of many signatories Prof Mtende Mhango: One of many signatories

We word that every one events, together with the federal government, had beforehand dedicated, and are underneath a authorized obligation, to respect determinations of the courts.

We’re deeply involved about coordinated makes an attempt by the federal government to undermine the judiciary, together with statements by President Peter Mutharika falsely accusing the judiciary of getting staged a coup towards his authorities and claiming that Parliament is supreme in Malawi, and an try by the federal government to repeal the 2 judgments by way of Parliament.

We’re extraordinarily involved that the Chief Secretary to the Cupboard has issued a public discover and written private letters to the Chief Justice, Mr Andrew Nyirenda, SC, and Justice of Attraction Mr Edward Twea, SC, ordering them to take depart pending their retirement and intimating that the President will appoint a brand new Chief Justice.

These actions represent an unprecedented assault on judicial independence in Malawi. We hereby condemn them within the strongest phrases.

We word that every one judges in Malawi are by legislation assured tenure till they attain the age of 65. We word that Chief Justice Nyirenda is because of retire on 31 December 2021 and Justice Twea on 31 April 2021. We additionally word that the circumstances of service for judges in Malawi present that depart is elective. Therefore, no choose will be pressured to take depart at any time of their judicial tenure. Furthermore, the Chief Secretary has no authorized authority to direct Chief Justice Nyirenda and Justice Twea to take depart.

We name upon the federal government of Malawi to uphold the rule of legislation and constitutionalism and to respect all court docket judgments. The federal government should chorus from attacking particular person judges and from undermining the judiciary.

Signed

Migai Akech, Professor of Legislation, College of Nairobi

Philip Alston, John Norton Pomeroy Professor, New York College College of Legislation

Kevin Bampton, former Professor of Legislation and Secretary to the 1994 Malawi ConstitutionCommittee

Chikosa Banda, Senior Lecturer, College of Malawi

John Barker, former Lecturer of Legislation, College of Malawi, Director of Cambridge Governance Labs and Fellow of the Lauterpacht Centre for Worldwide Legislation, College of Cambridge

Christine Bell, Professor of Constitutional Legislation, College of Edinburgh

Edwin Bikundo, Senior Lecturer, Griffiths College

Roger Burridge, Emeritus Professor, College of Warwick

Lilian Chenwi, Professor of Legislation, College of the Witwatersrand

Enoch Chilemba, Lecturer, College of Malawi

Danwood Chirwa, Professor and Dean of Legislation, College of Cape City

Hugh Corder, Emeritus Professor of Legislation and former Dean of Legislation, College of CapeTown

Peter Danchin, Professor of Legislation, College of Maryland

Surya Deva, Affiliate Professor of Legislation, Metropolis College of Hong Kong

Jacques de Ville, Professor and Dean of Legislation, College of the Western Cape

Pierre de Vos, Claude Leone Basis Chair in Constitutional Governance, Universityof Cape City

Wesahl Domingo, Affiliate Professor of Legislation and Head of the College of Legislation, College of the Witwatersrand

Donald F Donovan, Associate, Debevoise& Plimpton, Adjunct Professor, New York College College of Legislation

Solomon Ebobrah, Professor and former Dean of Legislation, Niger Delta College

Hiroshige Fujii, Assistant Professor of Worldwide Legislation, College of Utsunomiya, Japan

Yash Ghai, Emeritus Professor of Legislation, College of Hong Kong

James Gathii, Wing-Tat Lee Chair of Worldwide Legislation and Professor of Legislation, Loyola College of Chicago College of Legislation

Avinash Govender, Professor and Dean of Legislation, Nelson Mandela Metropolitan College

Michelo Hansungule, Professor of Legislation, College of Pretoria

Christof Heyns, Professor and Former Dean, College of Pretoria

Laurence Juma, Professor of Legislation, Deputy Dean, Rhodes College

Evance Kalula, Emeritus Professor of Legislation, College of Cape City

Garton Kamchedzera, Affiliate Professor & former Dean of Legislation, College of Malawi

Fidelis Kanyongolo, Affiliate Professor & former Dean of Legislation, College of Malawi

Pamela Katz, Professor of Political Science and Authorized Research, New York College

Jonathan Klaaren, Professor of Legislation and former Head of the College of Legislation, College of the Witwatersrand

Heinz Klug, Evjue-Bascom Professor of Legislation and Director of the International Authorized Research Centre, College of Wisconsin Legislation College

Sandra Liebenberg, HF Oppenheimer Chair in Human Rights Legislation, College ofStellenbosch

Musavengana Machaya, Lecturer, Nice Zimbabwe College

Sunduzwayo Madise, Dean of Legislation, College of Malawi

Tshepo Madlingozi, Affiliate Professor of Legislation and Director of the Centre for Utilized Authorized Research, College of the Witwatersrand

Bernadette Malunga, Lecturer, College of Malawi

Mtende Mhango, Professor and Dean of Legislation, Nationwide College of Lesotho

Tiyanjana Maluwa, H Laddie Montague Chair in Legislation & Professor of Legislation andInternational Affairs, Penn State College

Melvin Mbao, Emeritus Professor and former Dean of Legislation, College of the North-West

Christopher Mbazira, Professor and Principal of the College of Legislation, College of Makerere

Benyam Dawit Mezmur, Professor of Legislation and Deputy Dean, College of the WesternCape

Tshepo Mongalo, Professor of Legislation and Head of the Division of Legislation, Monash College South Africa

Admark Moyo, Senior Lecturer, Nice Zimbabwe College

Chantelle G Moyo, Lecturer, Nice Zimbabwe College

John Mubangizi, Professor and Dean of Legislation, College of the Free State

George Mukundi, Adjunct Professor of Legislation, College of Cape City

Owen Murozvi, Lecturer, Zimbabwe Ezekiel Guti College

Christina Murray, Emeritus Professor of Legislation, College of Cape City

Valentine Mutatu, Lecturer and Head of Public Legislation, Midlands State College

Makau Mutua, SUNY Distinguished Professor and the Floyd H and Linda Hurst College Scholar, College of Legislation, College at Buffalo

Lea Mwambene, Professor and Deputy Dean of Legislation, College of the Western Cape

Jayan Nayar, Affiliate Professor of Legislation, College of Warwick

Caroline Ncube,DST/NRF SARChI Analysis Chair in Mental Property, Innovationand Improvement, College of Cape City

Mwiza Nkhata, former Affiliate Professor and Dean of Legislation, College of Malawi

Clement Ng’ong’ola, Professor of Legislation, College of Botswana

Enyinna Nwauche, Professor of Legislation, Nelson Mandela College of Legislation, College of Fort Hare

Desmond Oriakhogba, Lecturer, College of Benin, Nigeria

Abdul Paliwala, Emeritus Professor of Legislation, College of Warwick

Geo Quinot, Professor of Legislation, College of Stellenbosch

Henry Richardson, Professor of Legislation, Temple College College of Legislation

Theunis Roux, Professor of Legislation, College of New South Wales

Sharifah Sekalala, Affiliate Professor, College of Warwick

Issa Shivji, Emeritus Professor of Public Legislation, College of Dar es Salaam

Nicola Smit, Professor and Dean of Legislation, College of Stellenbosch

James Tsabora, Senior Lecturer, College of Zimbabwe

Ben Twinomugisha, Professor of Legislation, College of Makerere

Andrew Williams, Professor of Legislation, College of Warwick

Supply: allafrica.com