The Attorney General, Thabo Chakaka Nyirenda, has expressed disappointment with a letter from the Malawi Law Society (MLS) questioning his appointment by the Head of State as Senior Counsel.
Reads part of his response in our circulation:”The MLS, on August 24, 2024, wrote to the Solicitor General and Secretary for Justice, Allison M’bang’ombe, questioning the basis of my appointment, claiming I had not yet served for 15 years at the time of my application.
Thabo Chakaka Nyirenda
“It is baffling to note that the MLS is contradicting itself, as it is mandated by law to make recommendations through its Honours Committee, and its President, Mr. Patrick Mpaka, was part of the committee that approved my name, Thabo Chakaka-Nyirenda.”
According to Section 52(2)(b), one must serve for 15 or more years before being accorded the status of Senior Counsel.
However, according to some documents in our possession, Thabo Chakaka-Nyirenda was admitted to the bar in 2006,something which contradicts the MLS’s claims regarding his eligibility for Senior Counsel status.
The Malawi Law Society (MLS) has sought clarification from the government regarding the conferment of senior counsel honors on multiple lawyers, including Attorney General Thabo Chakaka Nyirenda.
This move appears to contravene Sections 52 and 54 of the Legal Education and Legal Practitioners Act of 2018.
In a letter dated August 24, 2024, addressed to Solicitor General Allison M’bangombe, MLS President Patrick Mpaka stated that the proposed conferral on Chakaka Nyirenda is based on an application rather than his service as AG for over two years.
The letter highlights that Nyirenda was admitted to the Bar on July 22, 2008, and lodged the application on July 13, 2022, with less than 15 years of practice at the Bar.
The Solicitor General responded in a letter dated August 25, 2024, acknowledging the MLS’s observations but noting that since the recommendations came from the MLS’s Honours Committee, the Society should convene a meeting to address any overlooked issues and advise the authorities accordingly.
Ministry of Justice spokesperson Frank Namangale has confirmed that the government has postponed the ceremony to mark the appointment of Attorney General Thabo Chaka Nyirenda as a Senior Counsel (SC).
The ministry’s Secretary and Solicitor General, Allison Mbang’ombe, announced the appointment of Nyirenda as SC through a letter dated August 23, 2024, and the ceremony was expected to take place on Monday.
Mpaka
However, the Malawi Law Society (MLS), through its chairman Patrick Mpaka, questioned Nyirenda’s eligibility and requested that the ministry disclose the number of other lawyers conferred with the same honor.
Namangale stated that the postponement is to allow the MLS to meet and discuss the matter.
In a letter dated August 25, Mbang’ombe informed the MLS that it was responsible for providing further recommendations, as the decision to confer the honor of SC on selected legal practitioners was made through a recommendation from the society’s Honours Committee.
As the wind of political change which started with Senegal, Mali, Burkina Faso, Lesotho is blowing all over Africa including Malawi, President and Commander in Chief of Muvi wa Chilungamo Revolutionary Party (MRP) Bantu Saunders Jumah, has urged Malawians not to vote for politicians in 2025 but Revolutionaries.
Jumah has observed that for 60 years, Malawians have been voting politicians in government resulting to self-enrichment, rampant corruption and time has now come for the citizens to try revolutionaries saying a revolution is solution while politics is corruption.
He said without citizens, there will be no government and without no government, there will be still people observing that party leaders enter government with a lie that they will use taxpayers’ money prudently and ruling out borrowing money to chain their people.
Speaking through a Revolutionary voice in various social media platforms, Jumah said Kamuzu Banda came with a lie of breaking the stupid federation of Rhodesia and Nyasaland but he ended up being a billionaire.
Jumah said President Dr. Lazarus Chakwera took over K4.5 billion taxpayers’ money to Germany only to be seen riding a bicycle saying that money could have expanded the country’s roads to reduce accidents which have become the order of the day in Malawi.
He said some people are associating road accidents happening in Malawi on daily basis to satanic devils moving around in the country but the truth of the matter is that 6 governments and parties have gone with its leaders spending money to corruption and externalizing money for projects in foreign banks.
The MRP President has claimed that the country’s ancestors are complaining that leaders do not keep their words observing that President Chakwera is running the country minus Tonse Alliance in government, the ancestors and people are angry.
Jumah
He said when government loses track, ancestors got angry giving an example of President Chakwera who has made over 45 trips to foreign countries around the world only bringing home credits and loans to chain the citizens with devaluation of the Kwacha and skyrocketing prices of essential goods.
“In 4 years in government, 45 international trips, back home, there is rampant corruption and hunger, the national debts have risen to K18 trillion and how much will it be if the MCP is given another mandate from 2025 to 2030? Questions Jumah.
Jumah has made it clear that there is no free lunch, if President Chakwera took the countries minerals to Germany such as gold, diamond, uranium, he would have brought to the country money but he used K4.5 billion only to come back home empty-handed.
He has finally appealed to patriotic Malawians not to be tempted but to vote for Muvi wa Chilungamo Revolutionary Party (MRP) in the September, 2025 elections, assuring all that soon or later, those that have been playing around with taxes of the poor people will be prosecuted in accordance with the long arm of the law.
The appointment of the Malawi Electoral Commission (MEC) Chair by the President, who is an interested party in elections, raises significant concerns about the fairness and impartiality of the electoral process. This arrangement, while currently established by law, merits reconsideration to ensure the integrity and transparency of elections in Malawi.
The President’s role as an interested party in the electoral process poses potential conflicts of interest. Appointing the MEC Chair, who oversees and administers elections, could undermine public confidence in the impartiality of the commission’s decisions. This situation might lead to perceptions of bias or favoritism, which could, in turn, erode trust in the electoral system.
Mtalimanja
To address these concerns, it is essential to explore alternative methods for appointing the MEC Chair that promote independence and objectivity. One approach could involve a more inclusive selection process that includes input from a broader range of stakeholders, such as political parties, civil society organizations, and the judiciary. This would help ensure that the MEC Chair is selected based on merit and impartiality rather than political affiliation.
Another option is to establish a non-partisan body responsible for overseeing the appointment process. This body could operate independently of the executive branch and ensure that the appointment of the MEC Chair is conducted transparently and without undue influence.
Reforming the appointment process for the MEC Chair is crucial for reinforcing the credibility of Malawi’s electoral system. Such changes would help build public confidence in the electoral process, ensuring that elections are conducted fairly and that all stakeholders, including the public, have trust in the outcomes.
In conclusion, revising the appointment process for the Malawi Electoral Commission Chair is a necessary step toward enhancing electoral integrity and fostering a more democratic and transparent electoral system. It is time to consider reforms that will safeguard the impartiality of the MEC and ensure that the democratic process remains robust and credible.
