The train has already left

There is a frenzy on social media about how some judicial officers twist the law or simply engage in blatant corrupt practices to favour certain parties in cases before them.

Of course, amidst the excitement elicited by the backlash against the Judiciary, there is a risk of going too far, with repercussions that may be too much to bear.

There is also the risk of engaging in character assassination against innocent judicial officers, with the damage being irreversible.

While everyone has become so free to express themselves on social media, some people who have never attended a law class have turned themselves into legal experts.

This could lead to a scenario where due legal processes in court cases are affected by expressions on social media.

Ultimately, we must accept that the Judiciary needs some serious cleansing to ensure its longstanding reputation does not continue to be soiled by the blemishes of a few officers.

Now that people feel free to critique this arm of government, it must take the reactions positively and work on the recommendations provided by various stakeholders, especially those with legal and professional interests in the operations of the Judiciary.

It is implausible that all the issues raised against the Judiciary are fabricated.

There may be exaggeration, but the larger fact remains that this arm of government needs to engage in serious soul-searching for its own sake.

The core issue appears to be the lack of accountability on the part of courts, which would ensure their operations are clear, open and reflective of an optimally functioning justice system.

A properly functioning Judicial Service Commission would have already addressed most of the issues that are now flooding social media.

It should hold officers accountable for misconduct and ensure that all bad apples are removed for the sake of the Judiciary’s integrity.

What is rather unfortunate, if the concerns raised by the Malawi Law Society (MLS) are anything to consider, is that this lawyers’ body has highlighted numerous issues regarding the long-overdue need for reforms in the Judiciary, only for these appeals to be met with resistance and reluctance.

Of course, the Executive also bears some blame for delaying the enactment of laws that would ensure the Judiciary is as accountable as any other arm of government.

It was clear that MLS and everyone advocating for the Bills recognised something in the conduct of judicial officers that needed to be addressed as soon as possible.

It is also important to point out that these reforms could help ensure that justice does not favour the wealthy.

In our democracy, justice is supposed to be the cornerstone of life, where equality and fairness must be absolute.

What we often observe, however, is a troubling reality where only the wealthy seem able to enjoy justice— for their money can twist the law and sometimes indefinitely prolong their cases until everyone forgets about them.

Yet, we are always told that justice is blind, a term that implies the ideal that justice must be impartial and unbiased and that everyone should be treated equally, regardless of their wealth or status in society.

It is clear that the ideal of justice being blind often clashes with societal inequalities, with systemic biases—often based on economic status— influencing legal outcomes.

That is why, despite several rich people being arrested for crimes where there could be sufficient evidence to lead to conviction, our prisons remain overcrowded with the poor.

In our context, while ‘justice is blind’ remains a powerful symbol of fairness and equality, it must also serve as a constant reminder of the struggles to achieve these ideals in practice.

There are several cases that demonstrate that the poor do not receive the same treatment as the rich.

This is why someone can be arrested today and because they lack the funds to navigate court processes, they may be convicted tomorrow.

The current conversations about the conduct of judicial officers must challenge the Judiciary to confront the systemic barriers that prevent true impartiality and prompt continuous efforts towards a more equitable legal system for all.

A society that allows justice to be perceived as something that can be easily sold or bought eventually loses respect for the Judiciary.

Yet, this arm of government should be where ultimate respite and confidence reside.

We all know how crooked our Executive and Legislative arms are. The only redeeming feature of these branches is that they often come under scrutiny.

All in all, let justice be just that and not something that can be manipulated based on someone’s economic status.

Perhaps, now more than ever, the Judiciary has a monumental task of cleansing itself to restore the integrity it has enjoyed all these years— often due to fear of criticism.

This is something that cannot be avoided, for the train has already left the station.