The Malawi Law Society (MLS) has written the Solicitor General and Secretary for Justice, Allison M’bang’ombe for further clarification on the conferment of the honour of Senior Counsel (SC) under the Legal Education and Legal Practitioners Act, 2018.
This comes a day after President Chakwera conferred the status of SC to Attorney General (AG), Thabo Chakaka Nyirenda and six others.
According to MLS letter dated August 24 2024 and signed by chairman Patrick Gray Mpaka, the confernment has triggered a number of issues on which the Executive Committee of the Society recommends and requests the authorities in the high offices involved to urgently reflect upon and manage.
Among others, Mpaka said the authorities must reflect on the number of SCs to be conferred and basis for conferment of the honour Chakaka Nyirenda.
“Information that has emerged suggests that more than 3 lawyers will be conferred with the honour of senior Counsel on Monday, 26th August 2024. It is considered that the authorities may wish to clarify this against the prescriptions in sections 52 and 54 of the Act
“The letter of 23rd August 2024 under reference suggests that the proposed conferral of the honour on Hon. Att. Gen Thabo Chakaka Nyirenda is not as a result of service in the office of Attorney General for more than 2 years but on the basis of an application for such honour.
“The records of the Society show that Hon T.C.Nyirenda was admitted to the Bar on 22nd July 2008 and that he lodged the application on 13th July 2022. He had less that 15 years of practice at the Bar. Nevetherless, the application bore a declaration that its content was true.
“It is perceived that the contents of the application could not have been true at the date of its issuance in reference to the requirements of section 52(2) of the Act as to the number of years of practising the profession.
“The Executive Committee considers that these are weighty legal matters and makes the recommendation for further reflection in terms of the Society’s mandate under section 64(c) as read with section 53(3) and 52(2) of the Act with a view to preserving the integrity of the profession and honour attributed to the status of Senior Counsel in the profession. We await your further advice and guidance on the matters,” reads part of the letter
In reaction, M’bang’ombe has pushed back the issue to MLS saying it is better placed to advice the government on the way forward.
“Since the authorities made the decision to confer the honour of Senior Counsel on the selected legal practitioners on the recommendation of the Malawi Law Society through its Honours Committee, it is the Malawi Law Society itself thatmust provide further recommendations in view of the issues raised in the letter.
“If the Malawi Law Society is concerned that it overlooked certain legal aspects when making the recommendation to the authorities, there is an urgent need for the Law Society to convene a meeting of its Honours Committee to discuss the issues and advise the authorities accordingly,” reads part of the letter dated August 25 2024
