judicial independence

Judicial independence infringed when Uganda's Chief Justice has to 'plead' for funds - constitutional court

Uganda’s constitutional court has found that the independence of the country’s judiciary is in jeopardy because of the way the budget of this arm of government is handled. In one of its most significant decisions under the present constitution, the court said the system made the judiciary very much the junior branch in the three arms of government, and often reduced the Chief Justice ‘to pleading for funds from the executive’.

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In this landmark case the Uganda law society made an alarming claim: the country’s executive and legislature had failed to help the judicial arm of government take its rightful place under the constitution. In doing so, they undermined the independence of the judiciary.

Malawi's judicial crisis deepens: resistance to gvmt moves placing CJ on immediate leave

Malawi remains tense after last weekend’s shock government announcement of action against the country’s Chief Justice, Andrew Nyirenda. The government said that, with immediate effect, it was sending him on leave ‘pending retirement’. That announcement galvanised the local and international community and led to protests in a number of Malawian cities. It also led to many statements of support for Malawi’s judiciary, including from other African Chief Justices.

After some weeks of threats against the judiciary, culminating last week in a series of statements of support for the judges (as reported on 11 June 2020), the government moved late Friday 12 June to put the Chief Justice of Malawi, Justice Andrew Nyirenda, on enforced leave. An offic

Judiciary in Malawi under threat – strong support offered

Growing animosity expressed by Malawi’s President Peter Mutharika against the country’s judiciary has provoked shocked reaction by two major legal bodies in Malawi, the Malawi Law Society and the Magistrates and Judges Association of Malawi. Both strongly criticised the President’s comments. Now several leading international legal organisations have issued a statement supporting the judiciary and restating the need for its independence to be respected.

Since the high court of Malawi declared that national polls of 2019 were invalid, tension between the government and the judiciary has escalated. It has become even more intense following the supreme court’s ratification of the high court’s finding.

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