AG dares Judiciary on access, accountability
Attorney General (AG) Thabo Chakaka Nyirenda has challenged the Judiciary to be accessible, transparent and responsive to people’s needs when dispensing justice to serve the public better.
Speaking in Blantyre on Friday during Sherry party to mark the official start of the 2023/24 judicial year, he urged the Judiciary to give attention to concerns of the marginalised, the vulnerable and the voiceless.
Nyirenda said after setting its bar high, the Judiciary stands not only on a global spotlight, but also at a critical juncture whereby the aspirations of the public for a more just and equitable society have never been stronger.
He said: “Any barriers that hinder access to justice, striving for equal treatment and equal opportunities for all must be torn down. In that way, all the people will be served better.”
The AG said serving people better is a continuous journey requiring collective efforts of every player in the profession and society as a whole and entails, among others, being principled, professional and ethical in discharging of judicial and lawyerly duties.
Nyirenda further implored members of the bar to always exercise “extreme caution in criticising court decisions lest we destroy the very foundation of judicial confidence”.
Malawi Law Society (MLS) president Patrick Mpaka said while lawyers remain committed to defending the integrity or independence of the Judiciary if threatened by any State or public authority act, it would feel much more of a relief if the Judiciary is not the threat to its own integrity and accountability under the guise of independence.
He said: “We know that there are operational challenges which we must help to overcome but that some, among your number and some of the practices at the Bench, and it’s just a few, are making it terribly difficult for us to be your loyal defenders of your integrity and independence.
“The last hope of the people is in the Judiciary when compared with the other two branches and the true independence and integrity of the judicial system is the real location of that hope.”
But Chief Justice Rizine Mzikamanda said it is the public’s right to comment on or criticise the work of the courts and the Judiciary must accept and reflect on public scrutiny and criticisms that aim to improve service delivery.
He said: “Criticisms that aim to undermine public confidence in the justice system at every turn of events, as we have seen lately, are unhelpful in the proper administration of justice.
During the Sherry party, judges of the Malawi Supreme Court of Appeal and the High Court of Malawi conduct a procession clad in red regalia while the Chief Justice inspects a symbolic guard of honour. Speeches and social interaction with practising lawyers also characterises the occasion.
