Malawi’s judiciary under fire
By Twink Jones Gadama
Malawi’s judiciary has been plagued by allegations of corruption, prompting urgent calls for reforms to ensure justice is served.
Recent cases have highlighted the need for accountability within the judiciary, with some judges and lawyers accused of corrupt practices.
The Malawian judiciary’s integrity has been questioned, with accusations of corruption and government delays in enacting laws to protect the courts’ integrity.
Some judges implicated in corrupt cases include Chief Justice Mzikamanda, Mr. Manda, Mr. Madise, Mr. Kapanda, Mr. Chikopa, Ms. Kaunda (Ivy), Mr. Msowoya, Mr. Viva Nyimba, Mr. Potani, and Ms. Mtalimanja. Magistrates such as Mr. Nebi and those serving at the Child Justice Court have also been accused.
Lawyers like Mr. Wapota Kita, Mr. Frank Mbeta, Mr. Edgar Kachere, Mr. Gift Nankhuni, Mr. Powell Nkhutabasa, and Ritz Attorneys have been accused of swindling clients and colluding with judges to deliver unjust verdicts.
To address these issues, several solutions have been proposed.
The Chief Justice should order fresh trials for cases corrupted by unjust conclusions, with costs covered by the responsible legal firms or lawyers.
The Chief Justice must also suspend implicated judges and magistrates pending investigation, while the Malawi Law Society (MLS) suspends involved lawyers [2).
In cases of client fund swindling, the Director of Public Prosecutions (DPP) should intervene, arresting and prosecuting corrupt lawyers and sheriffs.
Recruitment and promotion of judges and magistrates should involve public hearings to ensure transparency.
Policies should promote appointment of judges and magistrates from academic institutions beyond the University of Malawi (UNIMA) to break dominance.
The Judicial Service Commission (JSC) should be restructured, removing the Chief Justice as Chairperson.
The Chief Justice should establish measurable, public Key Performance Indicators (KPIs) for the judiciary.
Implementing electronic case management would reduce physical contact with court clerks.
The Ministry of Justice should table reform bills in Parliament, incorporating current developments.
The Malawi Law Society has been advocating for reforms, including the enactment of a Judicial Service Commission Act to articulate the scope of sections 12, 116, 117, and 118 of the Constitution.
This act would provide for regulation of judicial officers, their appointment, removal, and disciplinary processes.
The Catholic Commission for Justice and Peace has also joined the call for judicial reforms, emphasizing the need for accountability and transparency within the judiciary.
The Episcopal Conference of Malawi has lamented that some judges are accountable to none, noting that it is an open secret that some lawyers bribe judges and magistrates to defeat the ends of justice.
Judicial reforms are crucial to ensure accountability and justice in Malawi.
Implementing these solutions will help restore public trust in the judiciary.
