When a number of court clerks obtained an order temporarily stopping the country’s Judicial Service Commission and the Chief Justice from recruiting and appointing a certain category of magistrate until their employment dispute was fully considered by the high court, the stage was set: some high court judge would have to consider whether Malawi’s top judge and judicial appointment authority were acting illegally. Judge Zione Ntaba drew the short straw.
Read judgment on MalawiLII
High court judge Zione Ntaba has delivered a decision she will never forget. Though her official profile lists Judge Ntaba’s passions as the rights of women and children, disability issues and the problems of HIV and AIDS, this is quite different. It is a decision in which she found that Malawi’s Chief Justice, Andrew Nyirenda, and the country’s Judicial Service Commission had acted irregularly, illegally and unconstitutionally.