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Commercial Court complex launched

President Lazarus Chakwera has asked public servants to be the first to demonstrate integrity by following the law instead of their own selfish interests.

Speaking on Wednesday in Blantyre when he presided over the opening of the purpose-built High Court Commercial Division Building, Chakwera said his office was working on creating a clean and professional civil service to take the country’s development forward.

Chakwera cuts the ribbon assisted by Mzikamanda and Vice-President Michael Usi as the First Lady and Mvalo look on. | Arkangel Tembo, Mana

He disclosed he had directed the Presidential Delivery Unit (PDU) to organise a Public Sector Integrity Lab for the ministries, departments and agencies (MDAs) to remove elements from the public service that induce public servants to compromise their integrity by using their position to advance selfish interests.

“Selfishness is so destructive that even if the self-interest you are seeking is a good thing it poisons your ability to resist the temptation to compromise your integrity and you end up harming a public service that was meant to be delivered without favour or fear.

“So we must all be careful to protect our integrity because the greatest threat to that integrity is our own selfishness,” said Chakwera.

Minister of Justice Titus Mvalo observed that globally commercial courts are a critical and crucial component for trade and investment confidence and economic growth.

“It is in this very building where resolution of business disputes, enforcement of contracts, protection of business interests and property rights, shall take place.

“Efficiency in the resolution of business disputes, enforcement of contracts, protection of business interests and property rights, raises the profile of a country as a destination for private investment, which brings about the much needed job and wealth creation,” he said.

Mvalo also noted the completion and eventual occupation of the new court complex brings about immediate huge savings in tax-payers money which was being expended year in and year out on rented premises.

Chief Justice Rizine Mzikamanda said construction works of the building had taken nearly 15 years and the delay in completing the project resulted in the contract costs rising from the initial K1.158 billion in 2010 to about K5.2 billion.

“Had there been timely completion of the project in September 2012, about K4 billion would have been saved. Time would have been saved. Justice would have been better served,” he said. 

The High Court Commercial Division started its operations on May 14 2007 and for 18 years it was being housed in rented premises of Malawi Property Investment Corporation (Mpico) formerly Malawi Development Corporation (MDC) House in Blantyre.

Last year, owners of the rented offices (Mpico) asked Judiciary to vacate the premises, a development that stalled judicial work of the commercial division as judges and officers worked from home.

Mzikamanda said work piled up and litigants suffered lack of movement in their matters in court while complaints about delay in the disposal of cases in the division escalated with some very uncomfortable accusations.

“Court officials suffered the indignity of having been sent out of the rented premises without ceremony. Delivery of commercial justice suffered a huge setback,” he said.

Mzikamanda said the judiciary is fully recommitted to ensuring efficient and effective delivery of commercial justice in the new premises and also address the concerns that numerous litigants raised as a consequence of the non-functioning of the division.

“As the bulwark of the rule of law in our society, we remain mindful of delivering independent and impartial commercial justice in an efficient and effective manner,” he said.

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