By Mercy Matonga:
A report by the Malawi Human Rights Commission (MHRC), on challenges impacting access to justice in Malawi, has revealed that delays in access to justice and corruption are among challenges affecting justice service delivery in Malawi.
The report, which assesses challenges affecting justice service delivery, paints a picture of a justice system struggling under inefficiency, mistrust and inadequate resources.
MHRC Commissioner Teresa Ndanga indicated this Thursday when the commission presented findings of investigations into reports of inefficiency in the justice system
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“This inquiry has revealed both positive efforts and persistent challenges in ensuring equitable access to justice in Malawi. The barriers identified, including court delays, corruption, high legal costs, cultural barriers and inadequate infrastructure, continue to disproportionately affect vulnerable populations, hindering their ability to access justice,” the report reads.
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The report says there is a shortage of magistrates and judges and a lack of adherence to set timelines for the delivery of judgements.
“[Other challenges are] bureaucratic inefficiencies and lack of accountability for judicial officers. Participants in the public inquiry have bemoaned the tendency of judicial officers reporting late for work and only handling a few cases in a day.
“Police prosecutors have bemoaned the fact that when they bring suspects to court, most of them do not have their day in court because of courts not adhering to opening times, resulting in too many suspects on remand in police custody,” the report reads.
The report gives the example of a man who failed to access justice for 48 years since he lost his job and 27 years since his matter was concluded in court, with judgement being nowhere in sight.
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Further, the report says there is a widespread perception that corruption is common in the Judiciary and the Malawi Police Service.
It adds that there is abuse of office by some judicial officers, who it says do not adhere to their code of ethics, creating a general perception that judicial officers are untouchable.
The report adds that there is lack of discipline among judicial officers, a development it says has led to impunity and loss of trust in the Judiciary by the public.
Bureau has 48 lawyers
She further said the commission would submit four names of judges, one from the lower court and three from the High Court, to the Anti- Corruption Bureau (ACB) for investigations.
The commission recommends that a people-centred approach be taken into consideration on the needs of marginalised and disadvantaged groups in society such as expectant women, children, persons with disabilities and elderly.
Commenting on the issue of delays in the justice system, Legal Aid Bureau spokesperson John Namalenga said there was a need to increase the number of lawyers to assist those who cannot afford private lawyers.
“Legal Aid [Bureau] has, so far, 48 lawyers to support the whole population of Malawi. Currently, one lawyer is handling approximately 500 cases, which is almost impossible,” Namalenga said.
