Honourable Justice Tiyendekuti is a High Court Judge. He sits in the Civil Division of the High Court, Lilongwe District Registry. He was appointed as a Judge on 10th June 2005. Over the years, there has developed a practice that when appointing judges from the High Court to the Supreme Court of Appeal, seniority is used as a criterion. There has also been a practice that once names have been submitted by the Judicial Service Commission to the President of the Republic of Malawi (“The President”) for appointment as Supreme Court of Appeal Judges, the President approves such names. Justice Tiyendekuti asserts that sometime in June 2025, the Judicial Service Commission submitted to the President 4 names of Judges for appointment to the Supreme Court of Appeal on which list Justice Tiyendekuti, being the most senior Judge in the High Court at the material time, was number one. Justice Tiyendekuti states that, contrary to established practice and expectations, on 1st March 2026, the President appointed the other 3 judges to become judges of the Supreme Court of Appeal. Justice Tiyendekuti believes that the failure of the Judicial Services Commission to promulgate and follow credible and transparent criteria for promotion from High Court Judge to Supreme Court of Appeal Judge has violated his rights. He also believes that the decision by the President to appoint Judges to the Supreme Court of Appeal Judges who were junior to him is contrary to the law. Provide an opinion to Justice Tiyendekuti whether or not he can successfully sue the Judicial Service Commission and the President.