By Pemphero Malimba:
Legal experts and governance stakeholders have raised concern over an oversight gap in the Judiciary due to delays in appointing members of the Judicial Service Commission (JSC).
President Peter Mutharika is yet to finalise the appointment of members of the commission, The Daily Times has learned.
Presidential Press Secretary Cathy Maulidi said Monday that Mutharika was still in the process of making the appointments.
“We will notify you once the process is completed,” Maulidi said.
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In February this year, she said the appointment process had begun.
“The President appreciates the importance of having the Judicial Service Commission fully functional. I can confirm that the process to appoint members of the commission has started,” Maulidi said.
Malawi Law Society chairperson Davis Njobvu said the absence of the commission was an anomaly and raised concerns about judicial oversight.
Njobvu said the society had been assured by the Minister of Justice Charles Mhango that the appointments were a government priority.
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“We will just wait to see the actual appointments as we now hope that they will happen very soon. The absence of a JSC for a long period is a huge anomaly,” Njobvu said.
National Advocacy Platform Chairperson Benedicto Kondowe said the delay was difficult to reconcile with constitutional requirements.
“This is not a routine appointment, it goes to the heart of judicial independence, accountability and service delivery. The Executive must therefore treat this with urgency, transparency and fidelity to the Constitution,” Kondowe said.
He said the commission must be established without further delay to safeguard public confidence in the Judiciary.
“This is not a ceremonial role but the backbone of judicial accountability and independence. Leaving it unconstituted weakens oversight and erodes the rule of law,” Kondowe said.
In February, MLS also urged Mutharika to expedite the appointment of the commission and support the operationalisation of the Independent Complaints Commission of the Judiciary.
The commission is established under section 116 of the Constitution to regulate the work of judicial officers.
Section 117 provides that the commission shall comprise the Chief Justice as chairperson, the Chairperson of the Civil Service Commission, a Justice of Appeal or Judge, a legal practitioner and a magistrate.
