Malawi Supreme Court judge and former chairperson of the Electoral Commission (EC) Justice Anastazia Msosa is the acting Chief Justice, the Judiciary has confirmed.
Acting registrar of Malawi Supreme Court of Appeal and High Court Mike Tembo said on Wednesday Msosa took up the position following the early retirement of former Chief Justice Lovemore Munlo.
Tembo said Msosa’s appointment was in line with Section 113 of the Constitution.
Section 113 (1) reads: “If the office of Chief Justice is vacant, or if the Chief Justice is for any reason unable to perform the functions of his or her office, then, until a person has been appointed to and has assumed the functions of that office, or until the person holding that office has resumed those functions as the case may be, those functions shall be performed by the most senior judge sitting on the Supreme Court of Appeal or High Court.”
Government spokesperson Moses Kunkuyu yesterday said currently no names have been proposed for the position.
Section 111 (1) of the Constitution says the Chief Justice shall be appointed by the president and confirmed by the National Assembly.
Malawi Law Society (MLS) secretary Felisah Kilembe said there is no specific time frame within which a Chief Justice must be appointed after the retirement of an incumbent.
But she said considering the crucial role played by the office, MLS hopes the appointment would be made within reasonable time.