The Malawi Law Society (MLS) has challenged the Judiciary to clean up its image and preserve its standing as the last living beacon of hope and independence for the people of Malawi.
It has called out some few members of the bench to desist from hindering justice in the country and from making it difficult for lawyers to defend their integrity and independence.
According to MLS, the judiciary is the only hope for independence of the judicial system in Malawi.
MLS president, Patrick Mpaka, made the remarks Friday during the Sherry Party held at Chichiri Court Complex.
“My Lords and my Ladies, what I am saying is the obvious that there is power of the State that resides in the Judiciary, just like there is State power in the Executive and Legislative branch in order to serve the people.
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“And I am saying that we, as lawyers, are committed to resist any threats to the integrity or independence of the judiciary by any act of the State or any public authority,” Mpaka said.
He added that lawyers are aware that there are operational challenges which stand in the way of justice delivery and which the lawyers need to help to overcome.
“But…some, among your number and some of the practices at the Bench, and it is just a few, are making it terribly difficult for us to be your loyal defenders of your integrity and independence.
“Let us work on those few but perverse shortfalls and help ourselves to preserve the integrity and independence of the Judiciary.
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“In my little time of life, I am able to say that the last hope of the people is in the Judiciary when compared with the other two branches and the true independence and integrity of the judicial system is the real location of that hope,” he said.
Mpaka further urged fellow legal practitioners to take on this conversation during the joint symposium that is coming up in a few weeks’ time.
“Let as many of us as possible meet there and conclude the conversation we have started on how best we can improve the administration of justice in our country.
“If we do not set and insist on the right standards ourselves, the public we serve will do it on their own and in their own way,” he said.
In his statement, Chief Justice Rezine Mzikamanda called on the judiciary to remain accountable to the people of Malawi.
Mzikamanda said the law itself spells out accountability mechanisms within the Judiciary and the entire judicial system.
“We understand that public confidence and trust in the Judiciary is of particular importance in enforcement of the rule of law, constitutionalism, democracy, good governance and administration of justice.
“This Judiciary shall remain accountable to the people of Malawi, for that is a Constitutional imperative supported by various statutes and legal principles,” he said.
However, Mzikamanda further noted that the judiciary undertook notable steps to improve service delivery and access to justice.
“These notable steps have covered both legal reform and institutional reforms. A law was passed that enhanced the civil jurisdiction of the magistrate Courts. Another law of significant note is that which establishes the Financial and Economic Crimes Division of the High Court,” he said.
Attorney General Thabo Chakaka Nyirenda said serving people requires total commitment and upholding of the tenets of justice.
“Through our commitment to duty, we must aim to have a tomorrow which is always better than the achievement we have recorded today.
“In the simplest of terms, I mean to say that it is vital to continually strive for improvement in our judicial system to ensure that it effectively serves the people it is designed to serve,” he said.
