The administration of justice hinges on the interplay of evidence, particularly forensic evidence, truth and the applicable laws.
Courts are tasked with determining matters before them based on these principles.
However, corruption and compromised judicial independence frequently undermine the fair and effective administration of justice.
Judicial independence, a phenomenon I have termed ‘musandifuse’ when corrupted, can give rise to euphemisms for practices that hinder the rule of law.
Even in the presence of clear forensic evidence, indisputable facts and applicable legal frameworks, the courts may sometimes lean toward ‘musandifuse’ rather than truth and justice, eroding public confidence in the Judiciary.
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The connection between forensic evidence, judicial processes and ‘musandifuse’ is huge.
Ideally, courts should base their decisions on evidence, truth and legal principles. However, when ‘musandifuse’ corrupts the Judiciary, these elements are overshadowed by delays, denials and manipulations of justice.
As a result, corruption becomes a silent adversary to judicial independence, reducing the Judiciary’s capacity to deliver justice efficiently and fairly.
Properly collected, preserved and presented forensic evidence helps courts decide cases based on facts and legal standards.
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However, judicial malpractices like ‘musandifuse’ dilute its effectiveness.
Much of the bench lacks the tools, knowledge and wisdom necessary for effective justice delivery.
When combined with ‘musandifuse’, this becomes a disaster.
For instance, in one notable case, a deputy chairperson of the Industrial Relations Court issued a well-reasoned ruling but later manipulated the outcome during the assessment of damages.
Because the court cannot be questioned, this became a referral matter, wasting the appellant’s time and resources and continuing to inflict pain on the appellant.
Similarly, cases where rulings are delayed for months or even years reflect the systemic inefficiency fostered by ‘musandifuse’, leaving victims without recourse and justice delayed.
A six-year-old study of white-collar crime has exposed the great challenges posed by ‘musandifuse’.
Court delays in justice delivery often take months or years to deliver judgments, even when forensic evidence and other crucial documents are intact before the courts.
Victims are left in limbo, unable to seek further remedies due to procedural bottlenecks in the name of ‘musandifuse’.
Asking a judge why the case judgement has been delayed is a case against you in Malawi’s judicial system.
The courts, having been so empowered by ‘musandifuse’, induce the manipulation of facts, even while evidence or forensic evidence, which should be the foundation for judicial rulings, is sometimes misinterpreted or deliberately ignored.
This creates a paradox where clear-cut cases are subjected to unnecessary delays, unjust rulings and appeals.
The observable effect of ‘musandifuse’ is the erosion of public trust. Combined with judicial corruption, it undermines public confidence in the judicial hierarchy and system.
Justice seekers often express frustration, with some likening the Judiciary’s inefficiency to life-threatening negligence in medical practice.
One parent from Mahowe said that if judges were medical doctors, a lot of deaths would have been registered, as they don’t care about the plight of suffering people seeking court relief.
The real test with ‘musandifuse’ and forensic evidence is that not many courts in the Malawi judicial system have faced it and delivered judgements using it.
If forensic evidence could be set as the best test of evidence, there would likely be a swap of people, with many in prison being released and others taking their places.
A husband can lie, but forensic evidence does not lie. Every crime leaves evidence and forensic evidence is readily found at crime scenes.
Unfortunately, instead of securing crime scenes for experts’ use, the scene often becomes a museum where everyone goes to see what happened and what is there.
In the end, this damages forensic evidence, setting criminals free. This compromises the integrity of evidence and enables criminals to evade justice.
Many courts need knowledge of forensic evidence and should request expert opinions on particular matters.
However, ‘musandifuse’ compromises the integrity of evidence and allows criminals to evade justice. The courts must open up.
‘Musandifuse’ is a true judicial proponent of justice and entails adherence to the rule of law without succumbing to external influences or corruption.
On its own, it ensures that forensic evidence and other forms of evidence are evaluated impartially, leading to fair outcomes.
When ‘musandifuse’ is replaced by corruption, however, the Judiciary becomes an enabler of injustice.
‘Musandifuse’ needs to be diluted but that is a difficult task. Many unnecessary protocols and those who benefit from it will make every effort to frustrate it.
Even established accountability mechanisms in the Judicial Service Commission are ineffective at monitoring the dire effects of ‘musandifuse’.
Judicial independence has created ‘mini-gods’ within the judicial system and even capacity-building efforts to train judges and court staff on its evils to ensure fair rulings and swift justice delivery will take time.
It is only through public awareness campaigns educating the public on their rights and the insignificance of judicial independence that societal pressure for reforms will build, thereby reducing delays and improving transparency in the judiciary.
Forensic evidence offers a unique opportunity to enhance judicial decision-making by rooting judgements in objective truth.
