Mutharika protests court orders
President Peter Mutharika has protested against the growing number of injunctions being issued by the country’s courts which he says are impeding government’s efforts to accomplish its legitimate responsibility.
Mutharika, speaking at Sanjika Palace in Blantyre yesterday during the swearing-in of the two newly appointed High Court judges Jack N’riva and Thomson Ligowe, described some of the injunctions as “unreasonable and irresponsible”.
He said: “There are also times in this country when government is not able to surge lawful responsibilities because of unreasonable and irresponsible injunctions… these injunctions are destroying this country and contrary to the spirit of patriotism.”
To the newly sworn-in judges, Mutharika reminded them that they now have new responsibilities that will bring to them many challenges and expectations which will demand their highest integrity and patriotism.
Before their appointments as judges on June 29 2017, N’riva and Ligowe were serving as registrar and deputy registrar of the High Court of Malawi and Malawi Supreme Court of Appeal respectively, positions which they only served for just seven months.
“As judges you are guardians of justice, your country expects you to be patriotic and also be men and women of the highest integrity in the pursuit of justice.
“Among others, go an extra mile in hearing cases and swiftly conclude them, approach your work with seriousness and high sense of integrity, serve with passion and commitment and be accountable to the people in your rulings, orders and judgements. Unless you demonstrate these work virtues you shall be guilty of denying the people the justice which they rightly deserve,” said Mutharika.
The President also said his government would continue upholding good governance for observance of doctrine of separation of powers among the three branches of government which are the Executive, Legislature and Judiciary.
He, therefore, said he would ensure that there is harmony in the operations of the three branches and that they complement each other while working in a dignified manner as required by the law.
“No branch should disrupt the functions of the other or try to dictate the other branch, this is unacceptable and unconstitutional,” he said.
Speaking to reporters after the ceremony, Chief Justice Andrew Nyirenda said he hoped the two would build on to the loss the Judiciary has had the past year in which two other judges died.
“There has been a national outcry that we do not have enough judges in Mzuzu in particular, therefore, we hope to make gains in the delivery of justice and hopefully some of the concerns that the country has had in this respect will be alleviated,” said Nyirenda.
The Chief Justice said the coming of the two judges would also help in completing the backlog of cases and also improve the quality of justice.
He also hinted that one of the two judges “must be prepared go and support the Mzuzu Registry” which has operated with only one judge for several years.
Ironically, N’riva and Ligowe have been doing things together. They graduated from University of Malawi (Unima) the same year, joined the Judiciary the same year and have also been rising up the ranks in the judicial system in more for similar fashion which include serving at the High Court registry and also Industrial Relations Court (IRC) as well as being appointed to the bench the same day.
In October last year, Mutharika also appointed four High Court judges, namely Joseph Chigona, Dorothy de Gabrielle, Ruth Chinangwa and George Bakuwa (now deceased).
