BY DRAXON MALOYA
A simmering debate has emerged within Malawi’s legal fraternity following the conferment of Senior Counsel status on Attorney General Thabo Chakaka Nyirenda.
Despite the Malawi Law Society’s recommendation, some legal minds have expressed strong disapproval, taking the matter personally.
Some critics argue that Nyirenda’s appointment undermines the integrity of the legal profession, citing concerns over his role in controversial cases and perceived political bias. They claim that the honorific title, typically reserved for exceptional legal practitioners, has been politicized.
Writing on his Facebook page Daniel Kamthunzi hailed the decision pointing to Nyirenda’s extensive experience and contributions to Malawi’s legal landscape arguing that the Malawi Law Society’s recommendation should be respected, and that personal opinions should not overshadow the Attorney General’s professional achievements.
“Patrick Mpaka is it not the case that the letter of recommendation for Thabo Chakaka-Nyirenda came from your organization? Is this not …… dity of the highest order that you daftly come against something which was authored by yourselves at MLS? ….. ols get your act together!,” blasted Kamthunzi.
Meanwhile, Nyirenda has expressed disappointed with MLS’ letter by questioning his appointment by the Head of State as Senior Counsel.
In a detailed response, he responded as follows: “The MLS on 24th August, 2024 wrote Solicitor General and Secretary for Justice Allison M’bang’ombe questioning the basis of the Attorney General’s appointment, saying he had not yet served for 15 years at the time he was applying for the position.
“It is baffling to note that MLS is stabbing itself on its own back as the body is mandated by law to make recommendations through Honours Committee and the President Mr. Patrick Mpaka was part of the committee that approved the name of Thabo Chakaka-Nyirenda.
“According to Section 52(2)(b), one must serve for 15 or more before being accorded the status of a Senior Counsel. But according to the documents seen by this publication Thabo Chakaka-Nyirenda was admitted to the bar in 2006.”
In a related development, the Malawi Law Society has defended its recommendation, stating that Nyirenda’s appointment was based on merit and adherence to established criteria.
As the debate rages on, some legal experts are calling for calm and objectivity, emphasizing the need to separate personal opinions from professional evaluations.
The development has sparked a wider conversation about the selection process for Senior Counsel status and the role of the Malawi Law Society in upholding the integrity of the legal profession.
In a statement, the Judiciary said it would not comment on the matter, citing the independence of the legal profession.
The controversy has left many wondering if personal biases have indeed clouded the judgment of some legal minds, and whether Nyirenda’s appointment will set a precedent for future conferments.
As the dust settles, one thing is clear: the debate has exposed deep-seated divisions within Malawi’s legal community, raising fundamental questions about the intersection of politics, professionalism, and personal opinion.
