Lawyers in the country are considering taking to the streets to force the Ministry of Justice to table the Judicial Service Administration (JSA) Bill of 2023 and Constitutional (Amendment) Bill of 2023 in Parliament and eventually have it passed into law.
The idea was proposed during an advocacy strategy meeting with members of the Malawi Law Society (MLS) in Blantyre on Friday.
Chairperson for MLS-Judicial Service Administration Bill Advisory Team Raphael Mhone said the lawyers would do anything possible within their means with the purpose of getting the bills passed.
“What lawyers mean, especially in this meeting, is that we will try to move with one purpose to get the bills to pass by whatever means we can employ. As you heard, unlike the case with lawyers in Lilongwe, those in Blantyre believe that, if necessary, the Malawi Law society should demonstrate to show the seriousness with which we are treating this matter,” he said.
Mhone said, to do so, they would have to follow all processes that would culminate in the granting of permission.
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“It is a proposal that has been tabled here. What we can do is [to] make sure [that] we put in place necessary committees that will apply for the permits to allow demonstrations to take place.
“But, mind you, we still have another consultation to do in Mzuzu and, again, the proposal that has been made here has to be passed through those in Lilongwe because this is the strongest proposal. And everything has to be coordinated because we are one society. What has been proposed here has to be agreed upon by all chapters,” he said.
Mhone further said the bills are important, adding that they are about enhancing constitutional provisions.
“It is there in the Constitution of 1994 that there will be a Parliamentary Act which is going to deal with issues pertaining to the whole Judiciary. That bill has never been enacted and, so, that is the foundation on which we are starting from. Apart from that, we are mindful of other provisions— for example, Section 40—which ensures that citizens of Malawi have accessibility to the courts [so] that justice is delivered to them,” he said.
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However, Ministry of Justice spokesperson Frank Namangale said the ministry will not be intimidated by threats of protests, arguing they are following procedures.
“The ministry follows procedures and cannot be intimidated by threats of protests by anyone, let alone the Malawi Law Society, whose executive [committee] is aware of the process and the stage we are at the moment. The nation may wish to know that the bill was initiated by the Ministry of Justice and the Judiciary, not Malawi Law Society.
“As such, the ministry cannot frustrate the same bill it initiated. The MLS was just being consulted as a stakeholder but, for the record, they are not the ones that initiated the bill although today they may want to behave as if the ministry is frustrating the bill,” he said.
Among other things, the JSA Bill has provisions that would promote transparency and accountability in the appointment, transfer, discipline and removal of judicial officers.
It also has provisions on funding for the Judicial Service Commission, albeit stressing that processes should not interfere with the constitutionally entrenched independence of the Judiciary.
