Judicial Review Case No. 33 of 2020: The State (On the Application of Malawi Law Society) v Prof. Arthur Peter Muntharika and Hon. Judge Lloyd Muhara
On 14th June 2020 the Respondents, while in occupation of the office of the President of the Republic of Malawi and Secretary to the Cabinet respectively made and caused to be published a Notice purporting to announce the retirement of Chief Justice Andrew Nyirenda and Justice of Appeal Twea and the replacement of the Chief Justice, the highest and second highest ranking officials in the judiciary at the time. This was preceded by letters issued by the 2nd Respondent to the said judicial officers requesting or directing them to proceed on leave pending retirement. When that public notice came out, the MLS in exercise of its statutory mandate under s.64(d) of the LELPA to “protect matters of public interest touching on or incidental or ancillary to the law” took steps to preserve the independence of the judiciary and maintain separation of constitutional powers. Other 2 bodies also took out judicial review proceedings on based on the same background. The court consolidated the matters. Following the consolidation, the three Applicants obtained a favourable judgment against the two Respondents.