Malawi Law Society (MLS) has revived calls for a reduction of the President’s powers in the appointment and removal of judges as proposed in the draft Judicial Reform Bills.
MLS has also made four other recommendations which have emerged after the society conducted a review of the three draft Bills which are on order paper ready for tabling and debate in Parliament.
The recommendations include composition of the Judicial Service Commission (JSC), appointment of Attorney General and Solicitor General as judges and Justices of Appeal and powers of the Independent Complaints Commission (ICC) upon misconduct of judicial officers.
The three draft Bills include the Constitution (Amendment) Bill, 2024, Judicial Service Administration Bill, 2024 and the Courts (Amendment), 2024.
MLS president Patrick Mpaka told journalists in Blantyre on Monday that the recommendations have already been taken to Minister of Justice Titus Mvalo, Legal Affairs Committee of Parliament chairperson Peter Dimba, Leader of the House Richard Chimwendo Banda and Leader of Opposition in Parliament George Chaponda for reflection and guidance as Parliament considers the final product to be enacted into law.
He said in its current proposed text clause 117 of the Constitution (Amendment) Bill, the President has an extensive influence in the composition of the JSC in that seven out of 11 members are to be appointed by the President upon consulting the relevant institution such as MLS, Malawi Human Rights Commission (MHRC) and the judiciary itself.
In an interview yesterday, Dimba confirmed that his committee met MLS team last week where they expressed reservation with some provisions in the draft Bills.
MLS has been advocating for the judicial reforms Bills, but there has been a back and forth between the society and Ministry of Justice.
