Chief Justice, IG frown at mob justice

Chief Justice Rizine Mzikamanda and Inspector General of Police Merlyne Yolamu have frowned at growing cases of mob justice, saying their getting out of hand defeats the course of justice.

But the two alongside Minister of Justice Titus Mvalo said the public’s resort to taking the law into their own hands through mob justice could also reflect dissatisfaction with access and dispensation of justice.

They expressed the concerns in Likoma yesterday when the Chilungamo Programme funded by the European Union (EU) handed over a rehabilitated magistrate’s court and a victim support unit (VSU).

Taking his turn, Mzikamanda said the courts strive to ensure rule of law, but observed that mob justice was getting out of hand.

He said: “Adherence to the rule of law ensures social cohesion and social stability, a prerequisite for social-economic development and peaceful co-existence.

“Sometimes there is a misapprehension that democracy means mob rule. Democracy is about order, not chaos.  Democracy was never envisaged to be mob rule, even in its worst form.”

Mzikamanda said democracy should mean justice according to law and not justice according to mob rule.

He said: “Mob justice spells out elements of dissatisfaction with the existing system. So, for us, we will work hard to make sure that type of mob justice is not there.

“This is why we underscore that the courts of this country will continue to act as guarantors of constitutionalism, human rights and justice, according to law.”

The country’s top cop Yolamu pleaded with the citizenry to trust the due process of the law, saying mob justice in some instances results in deaths of innocent people.

She said: “On mob justice, people feel because they can’t access justice easily, because they cannot be assisted promptly, they tend to take the law into their own hands. This poses to be a threat to human beings because a suspect is always a suspect until the normal court proceedings take place. If you kill, it means you can kill a suspect who may even be acquitted by the courts.”

Mvalo said there was need to establish more courts and increase the number of magistrates and judges according to activity level, geographical features and population of a country.

He said: “We all know that justice does not take place in a social or political vacuum. It is deeply affected by surrounding challenges and this is why we have sometimes seen desperation strategies adopted by people who have run out of legal options.”

Meanwhile, EU Head of Delegation to Malawi Rune Skinnebach said justice cannot and should not be that difficult to access in a democratic country such as Malawi.

He said: “We all know the Judiciary is the key institution for what concerns the dispensation of justice. We hope that these new courts will allow the Judiciary to fully perform its role. This court can be the difference between vulnerability and security, desperation and dignity for many people.”

The Chilungamo Project has an eight-year lifespan from 2016 to 2023. It is funded under the 11th Euroepan Development Fund to the tune of 48 million euro to contribute to dignified life through accountable government, informed democratic choice, and humane and effective delivery of justice.