By Kelly Napolo:
The Malawi Law Society (MLS) has raised concerns about corrupt practices among some legal practitioners, calling for a renewed commitment to maintaining the integrity of the legal profession.
MLS president Patrick Mpaka highlighted the issue in Blantyre yesterday during a continuous professional development (CPD) programme for legal practitioners.
The programme was held under the theme ‘Overcoming Corruption from the Bar to the Bench – Unpacking the Meaning and Implications of Section 89(2) (n) of the Legal Education and Legal Practitioners Act (Lelpa).’
Mpaka stated that Section 89(2) of Lelpa empowers the High Court to make orders against legal practitioners found guilty of corrupting or attempting to corrupt judicial officers.
He added that such misconduct poses a serious threat to the justice system and urged legal practitioners to uphold ethical standards to protect the profession’s reputation.
“It is crucial for us as legal professionals to understand the weight of our responsibility. The actions of a few unethical practitioners are tarnishing the reputation of the entire legal community,” Mpaka said.
The CPD’s focus on corruption and accountability was met with mixed reactions from the broader community.
Executive Director of the Centre for Social Accountability and Transparency, Willy Kambwandira, praised MLS’s efforts but argued that seminars and workshops alone are insufficient to address the systemic issue of corruption in Malawi’s judiciary.
“The fight against corruption does not necessarily require workshops and seminars. Malawians must rise up and demand judicial accountability if we are to win this fight. The judiciary, as an accountability institution, is letting Malawians down,” Kambwandira said.
Lawyer Alexious Kamangila echoed Kambwandira’s sentiments, stating that knowledge sharing and awareness alone are not enough, while emphasising the value of the CPD.
“This CPD is one of the most practical and useful programmes any profession can have, particularly the legal profession,” Kamangila said.
He stressed the need for a collective effort to tackle corruption and urged professionals across sectors to raise the alarm against unethical practices.
“We must also resist participation in corruption and report it to the relevant authorities. Adherence to the rule of law is essential, and we need to hold each other accountable to overcome the lawlessness that has taken root in the country,” Kamangila continued.
Last month, during the launch of the judicial calendar, MLS reiterated the need for legal practitioners to focus on Section 9 of the Constitution as their guiding principle for professional conduct.
This section assigns the courts the responsibility of interpreting, protecting, and enforcing the Constitution and all laws in accordance with it.
It adds that courts must exercise that responsibility in an independent and impartial manner, with regard only to legally relevant facts and the law.
