Malawi Law Society (MLS) plans to take implementation of judicial reforms to President Lazarus Chakwera and other presidential candidates whose political parties were represented in the recently dissolved Parliament.
The society said it was seeking audiences with the hopefuls after noting that none of the manifestos published so far include express commitments to implementing the judiciary reforms Parliament passed last December.
MLS has also written Minister of Justice Titus Mvalo and Clerk of Parliament Fiona Kalemba seeking an update on steps taken to implement the Acts.
The society wants to meet the critical stakeholders before the September 16 General Election to assess their readiness to put into practice the Acts.
Signed by MLS chairperson Davis Njobvu and dated August 13 2025, the letters are addressed to Chakwera, Democratic Progressive Party (DPP) leader Peter Mutharika, People’s Party (PP) candidate Joyce Banda, UTM Party’s Dalitso Kabambe and United Democratic Front (UDF) torchbearer Atupele Muluzi.
MLS has proposed to first have an audience with Mutharika on August 25 followed by Banda the next day.Threafter, the lawyers’ body wants to meet Kabambe on August 27, Atupele on August 28 and Chakwera on August 29.
Reads the letter: “On 24th January 2025, in your capacity as the President of the Republic of Malawi, you assented to the Constitution [Amendment] Act, 2025 and the Judicial Service Administration Act, 2025 [collectively ‘Judicial Reform Acts’].
“The passing of the Judicial Reform Acts was a product of the collaborative efforts of all the three branches of Government, the society and other stakeholders including the media and civil society organisations.
“The enactment of the Judicial Reform Acts should be celebrated as a monumental step towards establishing an adequately funded, efficient, accountable and transparent Judiciary.”
MLS said it observed that since Chakwera signed the Bills into law before they came into force on February 1 2025, no meaningful steps have been taken to implement the “critical accountability reforms that the Acts introduced”.
Reads the statement in part: “In particular, the President has not appointed the JSC [Judicial Service Commission]. In the absence of the JSC, no progress can be made in prescribing rules and a code of conduct for judicial officers and other persons employed in the judicial service.
“Equally troubling is the lack of any indication that steps are being taken to set up the ICCJ [Independent Complaints Commission of the Judiciary]. As matters stand, there is no authority in place to hold judicial officers and other members of the judicial service accountable in accordance with the framework set out in the law.”
Section 56 of the Judicial Service Administration Act empowers the Minister of Justice to make regulations, on the recommendation from the JSC, to make regulations for carrying into effect the provisions of the JSA Act.
The regulations, among others, prescribe the procedure for appointment and removal of judicial officers.
Ministry of Justice spokesperson Frank Namangale said the ministry and judiciary will soon meet to discuss the issue of developing regulations.
