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OPC threatens to close Judiciary

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The Office of the President and Cabinet (OPC) has threatened to seal the Judiciary arm of government if support staff and judges and magistrates fail to resume work byMonday January 5, 2015.

The Judiciary has been on strike since November demanding implementation of revised conditions of service, including a salary increase ranging between 35 percent and 86 percent, new vehicles for judges and the Chief Justice.

Some of the placards posted at the gates of the High Court of Malawi and Malawi Supreme Court of Appeal premises in Blantyre
Some of the placards posted at the gates of the High Court of Malawi and Malawi Supreme Court of Appeal premises in Blantyre

If closed down, the Judiciary could be denied the processing of salaries and allowances for support staff and judges.

In a letter dated December 19 2014 addressed to the Registrar of the High Court of Malawi and Malawi Supreme Court of Appeal and signed by Chief Secretary to the Government George Mkondiwa, the Judiciary have been asked to report for work or risk having courts sealed.

The development comes barely days after the government through the Malawi Police Service (MPS) moved in to seal the Anti-Corruption Bureau (ACB) offices before reversing the decision and asking the staff to resume work which they have complied.

But Judiciary spokesperson Mlenga Mvula yesterday said the impasse could not be resolved if the government starts issuing threats instead of reasoning with the disgruntled Judiciary staff.

He said: “We are ready to discuss with the government on these issues, but if they are using threats, we won’t be able to resolve this issue. People are being deprived of justice due to this stand-off and we expected government to address it, not threaten us.”

In the letter, Mkondiwa has also reiterated the government stance that they would not give in to the demands due to the tough economic situation and the salary harmonisation policy in the civil service.

“Now the government is bringing in the issue of the International Monetary Fund [IMF], but we wonder why they did not consider this when the conditions of service for mainstream civil service were revised,” said Mvula.

Last week, a labour law lecturer at the University of Malawi’s Chancellor College, Mauya Msuku, described the decision to seal ACB offices as illegal. Associate professor of law at the same college, Mwiza Nkhata, also faulted authorities for taking the decision which was later reversed.

The two sides last met about three weeks ago and failed to agree on the issues on the table.

The Working Committee on the Terms and Conditions of Service of the Judiciary also met the Public Appointments Committee to brief them on the talks.

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