Just as wine gets and tastes better with age, so do judges of the High Court and Justices of Appeal become wiser and more knowledgeable as they grow more grey hair. In that regard, is OK for them to retire at 70. But their increased retirement age has not come on a silver platter. They have fought for it.

With the life expectancy of Malawians at birth increasing from 64 to 72 over the past decade, it has also pleased His Excellency the President to raise the retirement age of judges of the High Court and Justices of Appeal from 65 to 70. Why not?

Judges in ceremonial walk out of the High Courtagainst

For those with a contrary opinion, hear this. In the United States of America, where life expectancy at birth is 76.1 years, members of the US Supreme Court don’t even retire. Yes, no retirement age. Judges may finish out when they turn 75. If they so wish. And if you ask me, following the retirement of Stephen Breyer at 84, Justice Clarence Thomas is now the oldest member of the US Supreme Court. He is 74. Why not? And after retiring at 84, Breyer is teaching at a university.

US President Joe Biden is 79. Former US president Donald Trump left the White House at 74 and wants to come back. Vladmir Putin, who is seeking more power through territorial expansion of his country, is 70. And he is going nowhere. At 96 in 1994, Kamuzu Banda Malawi’s undisputed founding father, sought re-election as president. No upper age limit for the Presidency. Why not?

The Presidency is not for the faint-hearted. It is also a very demanding office physically and mentally. Yet there is no age limit.  As long as people can vote you into office, as 58.57 percent of Malawians did with President Lazarus Chakwera in 2020, you are good to go. Those already in office can also hold on to it until kingdom come like Paul Kagame of Rwanda and Yoweri Kaguta Museveni of Uganda and so many others around the world are doing. Why not?

The presidency and judges belong to two branches of government called the Executive and Judiciary, respectively. The third branch is the Legislature. Just like in the Executive and Judiciary, there is also no upper age limit for members of the Legislature. You can be an octogenarian member of Parliament (MP) like George Chaponda, or older, as long as your constituents give you the mandate to represent them in the National Assembly you are good to go. The age gap in the House ain’t nothing. Elected on May 21 2019, Machinga South East Constituency legislator Fyness Magonjwa, brushes shoulders with her fellow DPP legislator 55 years her senior. But the record holder for the youngest MP is Angela Zachepa, now wife of Atupele Muluzi. Elected at age 21 in 2004, Zachepa was the youngest legislator ever in Malawi and a baby of the house.

I digressed. 

Now there has been uproar this week from some circles—not about former Nocma’s deputy chief executive officer Hellen Buluma—but that President Lazarus Chakwera has assented to the Courts Act (Amendment) Bill which increases the retirement age of judges from the current 65 to 70. When Justice Minister Titus Mvalo tabled the Bill in Parliament in July, he argued that judges have more experience and wisdom by the age of 65 hence should not be allowed to retire at such an age. Long and short, it is now official that judges will retire at 70. It is OK.

I’m surprised some members of the public are crying wolf over this development? Is it because it is judges? Why have they not been raising those concerns over MPs and Cabinet ministers who are also public officers but can serve in those positions as long as their legs can carry them? Rather than protesting the development, if members of the public want the retirement age of all public servants to be raised, they should fight for it.

Granted, there are many other public officers in various professions that government would greatly benefit from if it also raised their retirement age from the current 60 to 70. These include those in the academia, medical doctors and specialists in many sectors. These are officers in whom government will have invested greatly.

When they retire at 60 they get lucrative jobs abroad. No doubt government loses out. But if members of the public feel the age limit of all other public servants or some cadres should also be increased, help them fight for it.

The country as a whole will benefit. But for the 70 years’ lease the judges have been given, don’t fight to take it away. Fight for your own.

As for Hellen Buluma all the best, don’t fret.

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