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Chief Justice preaches judicial independence

Chief Justice Rizine Mzikamanda has said judicial independence is not a privilege for judges, but a public property for public good that should be jealously guarded.

Speaking during the opening of the inaugural two-day Malawi Civic Space Dialogue in Lilongwe, he cautioned that any compromise in judicial independence is undermining the rule of law.

Mzikamanda said enhancing judicial accountability does not equate to diminishing judicial independence.

He said: “Sometimes disagreements arise in the civic space regarding the rules that apply, bringing pressure and limitations rather than maintaining an open space for governments and for us to enhance our democratic gains.

Mzikamanda: Disagreements arise

“A dialogue of this nature must aim to develop, consolidate, and maintain an open society that allows for the thriving of our democracy.”

Mzikamanda said that safeguarding judicial independence and accountability is a collective responsibility crucial for protecting the country’s Constitution, among others.

The event was organised by the Africa Judges and Jurists Forum, Youth and Society (YAS) and the Malawi Judiciary.

In his address, YAS executive director Charles Kajoloweka highlighted the importance of heeding the numerous warnings facing the country’s constitutional democracy from various sectors to preserve democratic integrity.

He said: “Across the globe, constitutional democracies are grappling with the complexities of maintaining an open civic space in the face of rapid digital transformation and the proliferation of technologies such as Artificial Intelligence.”

Kajoloweka said the advancements present opportunities for greater participation and engagement, but they also introduce new risks—risks that, if not carefully managed, could undermine the very rights the country seeks to protect.

Minister of Information and Digitisation Moses Kunkuyu observed that while technology can enhance civic participation, it also poses risks to freedoms, particularly in the realm of cyber security.

The dialogue was aimed at taking stock of Malawi’s progress in entrenching and promoting civic space, identify the challenges and exchange ideas on how the challenges faced can be addressed.

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