Stakeholders have called for earnest dialogue on clear timelines within which draft legislation produced by the Law Commission can be tabled in Parliament.
The calls follow concerns that several years after the Law Commission completed reviews and produced draft Bills, some have yet to be considered by the Ministry of Justice, with uncertainty over when they will be submitted to Cabinet and subsequently to Parliament.
Among the stalled legislation are reviews of the Citizenship Act, Chiefs Act, Firearms Act, Sheriffs Act and the Spent Convictions Bill.
In a written response during the week, Law Commission senior deputy director of law reform Robert Kandulu acknowledged delays affecting some Bills but said progress had nonetheless been made.
He said that out of 39 reports and 79 proposed Bills, only about four percent have yet to be submitted to Cabinet, while about eight percent were presented to Parliament but rejected.
“Therefore, the non-enactment of a proposed Bill is not conclusive evidence that it has not been acted upon. Law reforms are undertaken to address gaps in legislation that affect the rights of the citizenry.
“It follows that inordinate delays in enacting proposed legislation arising from law reform exercises leave those gaps unaddressed,” Kandulu stressed.
He added that several proposals had been made to address the delays, including one by legal scholar Edge Kanyongolo, who suggested a constitutional amendment requiring the Executive to present Bills to Parliament within one year of receiving them.
“In England and Wales, the Law Commission first obtains full assurance of government support for a law reform programme before embarking on it.
“That approach, however, may pose challenges in guaranteeing the independence of the Law Commission,” he said.
In an interview, lawyer Khumbo Bonzoe Soko, who participated in the review of the Malawi Citizenship Act from 2016 to 2021, described the delays as unfortunate. The review sought to address discriminatory provisions and align the law with the Constitution and international human rights standards.
“I have never understood why large sums of money are spent on law reform only for the outputs to be shelved. Law reform has been hijacked by political expediency and special interest groups with resources to champion certain causes.
“Reforms that benefit wider society but are not politically attractive or backed by powerful lobbies are ignored. That is why some law reports gather dust for over 10 years,” lamented Soko.
Centre for Human Rights and Rehabilitation (CHRR) Executive Director Michael Kaiyatsa, whose organisation participated in consultations on the Bills, said the persistent delays amount to a serious governance failure.
“They undermine public trust in the rule of law and the government’s commitment to reform,” he said.
Centre for Human Rights Education, Advice and Assistance executive director Victor Mhango, who also took part in consultations on the Spent Convictions Bill, said many reformed ex-offenders continue to face discrimination in employment and social reintegration because their past convictions remain on record.
“This undermines rehabilitation and contradicts Malawi’s commitment to restorative justice and second chances,” he said.
He also urged Parliament to take a more proactive role in demanding progress on pending reform Bills, a view echoed by Dean of Law at the Catholic University of Malawi Professor Clement Ng’ong’ola.
“The only way out is for legislators to promote these views through private members’ Bills.
“Government must revisit the issues because time may have passed and some Bills may require updating. But are these Bills on the government agenda? If the Bills touch on constitutional matters, litigation may be the appropriate route,” Ng’ong’ola said.
But Ministry of Justice spokesperson Frank Namangale said the ministry currently has no Bills that have been pending for over 10 years.
Among other functions, the Law Commission is mandated to review and modernise Malawi’s laws, simplify legislation, and eliminate defects to ensure alignment with national and international standards.
