Court staff defiant
Striking Judiciary support staff have defied an Office of the President and Cabinet (OPC) directive and appeal by Chief Justice Andrew Nyirenda for them stop their four-week sit-in and to return to work.
Through their representatives, the staff have also dismissed an assertion by the OPC that the strike is illegal, saying government was “not a competent court of law to determine on the legality or illegality” of their industrial action.
Yesterday morning, the staff met Nyirenda who appealed to them to resume to their work. However, by close of business yesterday the workers had not returned to work.
During their meeting, the Chief Justice advised the staff to reflect on the impasse and make a decision.
The support staff, whose action has paralysed the country’s justice delivery system, later met and discussed the way forward. However, they kept a tight lid on resolutions of their meeting.
In an interview last evening, spokesperson for the support staff, Andy Haliwa, said the workers maintain their position that they deserve to receive housing allowances as is the case with judicial officers—magistrates and judges.
He said: “We both work for one arm of government, the Judiciary. We both are employees of the government. Why should there be this segregation?”
However, Minister of Finance, Economic Planning and Development Goodall Gondwe is on record as having said the housing allowance for judicial officers was an anomaly as employees in the public service get an all encompassing clean wage.
On Thursday, OPC said in a statement signed by Chief Secretary to the Government Lloyd Muhara that the demand for housing allowance was not supported by law as the allowance was not provided for in their terms and conditions of service.
In the statement, he threatened that government would withhold wages from all workers staying away and take further action within the law as would be available to any employer.
Reads the letter in part: “In the meantime, government is warning the support staff of the Judiciary that it is illegal and an offence to block Judiciary/court premises and obstruct access, thereby preventing the delivery of services by the court.”
Last week, the Malawi Law Society (MLS) said it was planning to get a court order against the striking staff in a bid for the justice system to get back on its feet.
The strike has negatively impacted the justice delivery system, a development that has seen the courts move to police cells and prisons following an order from the Chief Justice to ease congestion in police cells where the population of suspects has been increasing.
Despite the support staff meeting with representatives from the Attorney General’s office and conciliator—private practice lawyer Modecai Msisha Senior Counsel (SC)—two weeks ago, there has been no progress as the striking staff have maintained their position not to back down.
Judiciary spokesperson Mlenga Mvula declined to comment, referring the matter to the support staff.
