‘Judiciary seniors may join junior staff strike’

Judges and magistrates will join the month-long Judiciary strike by support staff if government does not give a convincing response to the workers’ demands by close of business on Thursday.

Solicitor General and Principal Secretary for the Ministry of Justice Anthony Kamanga on Wednesday confirmed in an interview that government agreed with the Judiciary task force last time they met three weeks ago that government would provide a response on matters raised by Thursday.

The Judiciary Steering Committee wrote the Office of the President and Cabinet (OPC), warning that should the Executive fail to get back to them by February 9 2012 and address non-payment of arrears as approved by Parliament in 2006, they are going to give notice by February 13 of their intention to join the strike.

Kamanga said officials in his ministry, including the Attorney General and the minister, are working round the clock to resolve the problem and prevent senior judicial officers from joining the strike.

But Kamanga could not say what government has done and what message it has planned to relay to the junior and senior officers, apart from emphasising that there have been lengthy consultations and meetings on the matter.

Said Kamanga: “Some think we are dragging our feet on the matter, which is not true. We have tried our best. It is a regrettable situation though.”

A senior judicial officer on Wednesday said the Judiciary expects nothing less than a commitment from the Executive—that it is going to pay them their arrears and an indication in writing when this is to be settled.

Said the senior officer: “We put it to them [the Executive] in clear terms that if they don’t give us what we expect [paying us our arrears or indicating when they will], we will have no option but to give a 21-day notice from February 13 of our intention to join the strike.

“Look, our terms and conditions of service are reviewed in every three years. We were supposed to have another review in 2009 [but] we got no communication on this either from Parliament or the Executive. This is 2012, and another circle for the review, we have no idea where we are. This is appalling.”

Meanwhile, lawyers who have complained through the Malawi Law Society (MLS) about being denied their right to economic activity, among others, are also waiting in the wings to act should government fail to resolve the issue by today.

In Parliament on Tuesday this week, Blantyre Rural East MP Henry Duncan Phoya said several constitutional provisions are being violated because of government’s failure to resolve the matter.

Finance and Development Planning Minister Dr. Ken Lipenga is on record as having said that government does not have K1.2 billion, being the amount required to pay arrears to the Judiciary officers from 2006 to December last year.

In a related development, Chancellor College associate professor of law Edge Kanyongolo says government should take full responsibility for the ongoing Judiciary strike rather than play innocent.

In an interview on Wednesday, Kanyongolo said the responsibility of implementing conditions of service that the Judiciary staff are demanding lies with the Executive.

He was reacting to Tuesday’s remarks in Parliament by leader of the House Dr. George Chaponda that government has not contributed to the deadlock with the Judiciary and that Capital Hill is not violating any laws as industrial strikes occur in any economy.