Chief Justice Rizine Mzikamanda has challenged the newly sworn-in members of the Judicial Service Commission (JSC) to demonstrate accountability and restore public confidence in the judiciary after nearly 21 months without a fully constituted commission.
The prolonged gap, which began in February 2025 and ended with the swearing-in of the new commissioners yesterday, raised concerns about judicial oversight and left outstanding work to be addressed. Although a transitional commission continued performing some functions, its operations were later reported to have stalled.
Speaking yesterday during the commissioners’ swearing-in ceremony in Blantyre, Mzikamanda said the commission must uphold independence, integrity, transparency and human rights as it exercises its constitutional mandate.
He urged commissioners to serve all Malawians without fear, favour, affection or ill-will, in line with Section 116 of the Constitution, which provides for the commission’s independence.
“Therefore, an independent, impartial, honest and competent Judicial Service Commission that operates on principles of integrity, transparency, accountability and observance of human rights is a critical component of the administration of justice in our country,” he said.
The commission now faces the task of clearing accumulated work and responding to public concerns about the judiciary. Its credibility will depend not only on assurances of independence, but also on how promptly, fairly and transparently it handles complaints and other matters within its mandate.
Mzikamanda urged the commissioners to familiarise themselves with the Constitution, the Judicial Service Administration Act, 2025, and relevant local and international jurisprudence to ensure their decisions comply with the law.
He also reminded them that the commission’s decisions are subject to judicial review, underscoring the need for lawful and defensible decisions.
Under Section 116 of the Constitution, the JSC is mandated to regulate and manage the Judicial Ser vice and exercise powers conferred on it by the Constitution and, subject to it, by an Act of Parliament.
The Chief Justice said substantial work had accumulated while the commission was inactive, calling on members to commit sufficient time and effort to clearing the backlog.
“There’s been a lot of work that has accumulated over the time, and they should get ready for that work. We should be able to cut out that work with diligence,” he said.
Commissioner Victor Chagunyuka Mhango acknowledged public concerns and said members were prepared to handle the workload.
“By accepting the appointment it means we are ready for that workload. There has been an outcry out there,” he said.
Mhango said members were aware of public expectations that the commission should intervene in various matters concerning the judiciary.
“People want the Judicial Service Commission to intervene in several issues revolving around the judiciary and it is our hope that we will do that task,” he said.
President Peter Mutharika reconstituted the commission in May 2026, but the new members were sworn in only in October. The delay between appointment and swearing-in further prolonged uncertainty over the commission’s ability to operate fully.
The newly-sworn – in commissioners are Justice of Appeal Dorothy Nyakaunda Kamanga, SC; High Court Judge Dick Sankhulani; Civil Service Commission chairperson Arthur Chibwana; Solicitor General Gertrude Hiwa, SC; Shabir Latif, SC; Chikosa Banda; Her Worship Ellen Chapi ta Banda; Edith Wakondiye Chikagwa; Dr Rabiya Hanif; and Mhango.
