Joint Malawi Civil Society pushes for swift judicial reform enactment on judges, lawyers’ accountability, transparency
LILONGWE-(MaraviPost)-The country’s joint civil society consists of 20 groupings on Saturday, March 9, 2024 urged President Lazarus Chakwera’s Tonse Alliance government to expedite the legislative process on the enactment of the 2023 Constitution (Amendment) Bill and Judicial Service Administration Bill.
The consortium of civil society observes that the two bills are critical for Malawi’s justice system to thrive like addressing the issue of delayed judgements.
The grouping notes also that the legislative initiative epitomises Malawi’s steadfast commitment to strengthening judicial accountability and broadening access to justice.
Addressing the news conference in the capital Lilongwe on behalf of the Joint Civil society, Chairperson for the National Advocacy Platform (NAP) Benedicto Kondowe said, “Expedited reform is not just a necessity but an urgent imperative for Malawi’s justice system to thrive.
“The current prevalence of delayed judgments and opacity in disciplinary processes not only exacerbates inequalities but also undermines citizens’ faith in the judiciary. Without swift action, marginalized communities will continue to encounter insurmountable barriers to justice, perpetuating systemic injustices and eroding democratic principles”.
Adds Kondowe, “Efforts to fortify judicial accountability must extend to the appointment of judges, ensuring a transparent and merit-based selection process free from political interference. Additionally, adequate financing of judicial activities is paramount to maintain the judiciary’s independence and effectiveness in dispensing justice.
“Moreover, implementing an objective procedure for the removal of judges, free from undue influence, is essential to uphold the integrity and impartiality of the judiciary”.
Kondowe observes further, “While steps to depoliticize removal proceedings and enhance oversight mechanisms are commendable, they must be complemented with robust implementation and continuous monitoring to ensure effectiveness.
“Furthermore, financial autonomy and diversity within the judiciary are indispensable for promoting equitable access to justice and restoring public confidence in its impartiality and integrity”.
He appeals, “Civil society urgently calls for the government to expedite the legislative process to ensure the prompt enactment of the proposed Bills, thereby guaranteeing equitable access to justice for all citizens of Malawi. It is in the interest of Malawians to have the proposed reforms enacted by the next sitting of Parliament.
“We emphasize the critical role of cooperation by the judiciary in facilitating the swift finalization of the Bills for tabling in the August House during the current sitting of Parliament, underscoring the judiciary’s commitment to accountability and the rule of law”.
He adds, “Civil society urges citizens to actively engage with the Bills, advocating for their passage as essential safeguards of democracy and good governance in Malawi”
Malawi Law Society (MLS) President Patrick Mpaka therefore commended civil society appeal saying their stand is valid in ensuring equitable access to justice for all citizens.
Catholic Bishops in their recent Pastoral letter titled “The sad story of Malawi”, lamented failure to regulate judges saying most of them take time to hear cases and frustrate justice in the process.
The pastoral letter accused judges, lawyers of taking bribes while favouring the elite in the court of law.
