Senior lawyers’ honour queried
Ministry of Justice has postponed a ceremony to confer the honour of Senior Counsel (SC) on some lawyers following queries from Malawi Law Society (MLS) on the eligibility of some nominees.
In particular, MLS has queried the inclusion of Attorney General (AG) Thabo Chakaka Nyirenda and others and has since sought clarification from the ministry on the position of the law.
President Lazarus Chakwera was scheduled to preside over the ceremony today at Kamuzu Palace in Lilongwe.
Ministry of Justice spokesperson Frank Namangale yesterday confirmed the postponement, saying: “The ceremony has been postponed to give room for MLS and its committee to reconsider its recommendation.”
Section 52 of the Legal Education and Legal Practitioners Act (2018) allows the President to confer on a legal practitioner the honour of SC on recommendation of the Honours Committee.
The SC status is for life, but where reasons arise to withdraw the honour, according to Section 53 of the Act in question, the Honours Committee can recommend to the President the withdrawal of such.
In a letter dated August 24 2024 addressed to the Solicitor General and Secretary for Justice Allison M’bang’ombe, MLS sought clarity on the eligibility of Nyirenda and the number of those to be honoured.
Reads the MLS letter: “The records of the society show that Hon. T.C. Chakaka was admitted to the bar on 22nd July 2008 and that he lodged the application on 13th July 2022. He had less than 15 years of practice at the bar. Nevertheless, the application bore a declaration that its content is true.
“It is perceived that the contents of the application could not have been true at the date of its issuance in reference to the requirements of Section 52 (2) of the Act as to the number of years of practising the profession.”
Under the Legal Education and Legal Practitioner Act (2018), a person holding the office of AG or Solicitor General automatically qualifies for the SC honour after serving more than two years in that office.
But according to MLS, Nyirenda applied for the honour in his individual capacity as a lawyer and not as AG.
According to the law, any lawyer of “irreproachable character” can apply to the AG for consideration for this honour if they have practised either in private or public for up to 15 years and have made significant contribution to the development of the law in the country.
The society also sought clarification on why more lawyers have been conferred title when the law limits it to three at a time.
A list that has gone viral on social media shows that there are more than 10 lawyers set to be elevated. They include justices of appeal and other prominent legal professionals. The list also includes some honoured posthumously.
However, both MLS and Ministry of Justice yesterday were coy to share names of those appointed or the total enlisted.
In a response to the MLS letter, M’bang’ombe referred the legal issues raised back to MLS arguing that the appointments were the society’s recommendation.
“Since the authorities made the decision to confer the honour of Senior Counsel on the selected legal practitoners on the recommendation of the Malawi Law Society through its Honours Committee, it is the Malawi Law Society itself that must provide further recommendation in view of the issues raised in the letter,” he said.
M’bang’ombe also urged MLS to convene a meeting of its Honours Committee to discuss the issues in case it overlooked “certain legal aspects when making the recommendation to authorities”.
On what they make out of the response from the Solicitor General, MLS president Patrick Mpaka described the issue as internal communication which has gone out of hand, but stressed that the issues raised will be managed within the framework of internal structures.
In an interview yesterday, he could not state if withdrawal was an option, saying the suggestion from the Solicitor General’s feedback is that there should be more reflection on the matter.
“In other words, he [M’bang’ombe] has found merit in the suggestion for possible further reflection and clarification suggested in initial letter,” said Mpaka.
The Honours Committee, under MLS, is established under Section 57 of the Act and has the following composition; (a). The Chief Justice, who shall be the chairperson; (b). The AG; (c) The Solicitor General, who shall be the secretary; (d). Two SCs nominated by the society; (e). The chairperson of the society; and (j). A dean of of law at an accredited university and appointed by the council.
