By Pemphero Malimba:
The Malawi Law Society (MLS) has urged the Malawi Supreme Court of Appeal (MSCA) to expedite the delivery of its reasoned and perfected full judgement in a case where the court ruled against the Reserve Bank of Malawi (RBM)’s decision to revoke the licence for proprietors of Finance Bank.
This is contained in a statement signed by MLS Chairperson Davis Njobvu and MLS Honorary Secretary Francis M’mame.
The statement is dated February 11, 2026.
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MLS says the timely delivery of the judgement would assist the public to understand the basis of the court’s decision and would help curb unfounded speculation and allegations directed at the court.
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“The MSCA’s Order, dated 3 February 2026, is only a minute order and does not contain an analysis of the grounds of appeal or the arguments advanced. Such analysis would ordinarily explain the legal reasoning underpinning the decision to set aside a comprehensive High Court judgement grounded in extensive factual and legal findings,” the society says.
It says the expedition call is justifiable.
“Given that the litigation commenced in 2008 in the High Court, the appeal, which was filed in the MSCA in 2016 was only disposed of by the MSCA in 2026, 10 years after it was filed, the call for a prompt delivery of the perfected judgement is justified.
“Furthermore, RBM is a public institution. Similarly, the Ministry of Finance is a government ministry run on public funds. As such, any damages and costs payable will ultimately be borne by the public purse,” Njobvu and M’mame say.
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MLS says it observed that the court’s order does not award Finance Bank with damages for loss of business profits, contrary to reports circulating on social media, and that the actual payment would be known after the assessment of damages.
“The MLS is unable to provide substantive commentary on the MSCA’s decision at
this stage, as the court has not yet released its reasoned and perfected judgement. The
MLS will provide further commentary, if necessary, once the full judgement has been delivered,” MLS says.
The society has further urged President Peter Mutharika to expedite the appointment of the Judicial Service Commission.
“The MLS further urges the government to support the operationalization of the Independent Complaints Commission for Judiciary. The MLS believes that the implementation of the Constitution (Amendment) Act, 2025 and the Judicial Service Administration Act, 2025 will significantly address systemic challenges, enhance accountability, provide avenues for public redress, and strengthen public confidence in the Judiciary,” it says.
MLS says it released the statement after receiving requests to comment and clarify on the court’s order.
Judiciary spokesperson Ruth Mputeni asked for ample time before he could comment on the matter.
Meanwhile, governance expert Benedicto Kondowe commended MLS for calling for action.
“The Malawi Law Society’s statement is both timely and commendable. It demonstrates institutional maturity by respecting the authority and finality of the Supreme Court of Appeal,” Kondowe said.
In the judgement, the court ordered RBM to compensate Finance Bank for loss of business and profits from 2005.
The court further ruled that the Registrar of the Malawi Supreme Court of Appeal should conduct an assessment of the damages.
The court found that the central bank’s decision was excessive, “as there were other regulatory measures that could have been used”.
Earlier this week, Attorney General Frank Mbeta told The Daily Times that the State would scrutinise the assessment process closely.
