Malawi Law Society (MLS) and other stakeholders have challenged the newly reconstituted Judicial Service Commission (JSC) to hit the ground running by resuscitating stalled judicial reforms and accountability issues.
President Peter Mutharika has reconstituted the commission after over a year without the key oversight body for the Judiciary.
While describing the appointments as long overdue, MLS honorary secretary Francis Mmame said in a written response that the new team should urgently make operational reforms under the Judicial Service Administration Act, including pushing for regulations, adopting a code of conduct and clearing a backlog of complaints against judicial officers.
He said the new commission should also move with urgency to address pressing institutional and governance matters that have remained outstanding during the prolonged gap.
Said Mmame: “Firstly, the commission should prioritise making recommendations to the minister responsible for justice under Section 56 of the Judicial Service Administration Act for the promulgation of regulations under the Judicial Service Administration Act.
“The absence of these regulations has delayed the full operationalisation of the reforms envisaged under the new legal framework. Secondly, the commission must urgently develop and adopt a comprehensive code of conduct for judicial officers and judicial staff under Section 56(3) of the Judicial Service Administration Act.”
He said the code is critical in strengthening integrity, ethical standards, public confidence and accountability within the Judiciary, “particularly at a time when the public continues to demand greater transparency in the administration of justice”.
Mmame said MLS also expects the commission to expedite investigations and process pending complaints against judicial officers, including complaints submitted by the public following the commission’s public call for complaints in October 2024.
In his reaction, human rights lawyer Alexious Kamangila said the appointment of the JSC comes at a time when the integrity and independence of public institutions remain under close scrutiny from both legal experts and civil society organisations.
He said the appointments reflects the Mutharika administration’s commitment to ensuring that justice delivery is enhanced, calling on the commission to properly handle complaints presented before it.
“This JSC is a big statement by APM on his vision of the rule of law. The appointees were carefully selected to elevate the Judiciary through adherence to accountability- and competence-based leadership within the Judiciary. It is now time to work and show results. Incompetence and corruption should become things of the past as they relate to the Judiciary,” he said.
Legal Affairs Committee of Parliament chairperson Gilbert Khonyongwa, a private practice lawyer, in a separate interview hailed the composition, describing it as a complete team of people of integrity.
“These are men and women of integrity and I am confident that they will discharge their duties with professionalism and honour. I wish them all the best as they serve the people of Malawi,” he said.
National Advocacy Platform chairperson Benedicto Kondowe also said the appointment of the commission enhances the credibility of the country’s judicial system, adding that the expectation is that the members will serve with integrity.
Chief Secretary to the Government Justin Saidi said in a statement issued on Wednesday night that the commission will be chaired by the Chief Justice in line with the Constitution and includes judicial officers, legal practitioners and representatives from the public service and academia.
The new JSC comprises Malawi Supreme Court of Appeal Judge Ophrah Dorothy Kamanga, High Court of Malawi Judge Violet Palikena Chipao, senior resident magistrate Ellen Chapita, lawyer Patrice Nkhono, academic Chikosa Banda and rights activist Victor Chagunyuka Mhango, among others.
The appointments, made under Section 117 of the Constitution, restore a body responsible for recruitment, discipline and welfare of judicial officers.
In an interview yesterday, Mhango expressed delight at the appointment and pledged to demonstrate his commitment to upholding the independence, integrity and credibility of the Judiciary.
Meanwhile, the NGO Gender Coordination Network (NGO-GCN) and Women Manifesto Movement have applauded President Mutharika for what they called gender responsive appointments in the JSC.
In a statement issued yesterday, NGO-GCN chairperson Maggie Kathewera Banda said of the 11 appointees, women account for more than 50 percent, surpassing the statutory minimum threshold of 40:60 prescribed under the Malawi Gender Equality Act of 2013.
She said in a statement: “Women constitute more than 52 percent of Malawi’s population yet they have historically been underrepresented in public offices, the judiciary and political leadership. This imbalance has contributed to policies that inadequately address the needs of women and girls, perpetuating cycles of poverty, inequality and underdevelopment.
“Empowering women in leadership directly contributes to the attainment of Malawi’s Vision 2063, the Sustainable Development Goals (SDGs), particularly SDG 5 on Gender Equality and SDG 16 on Peace, Justice and Strong Institutions and the African Union’s Agenda 2063.”
The JSC provides oversight, supervision, and disciplinary powers over workers in the judicial service.
Section 117 of the Constitution says the JSC shall comprise the Chief Justice as chairperson with members that include Civil Service Commission chairperson, the Solicitor General, a Justice of Appeal, a Judge of the High Court, a senior resident magistrate, a member of staff of the Judicial Service, a senior counsel, a law lecturer from an accredited school of law and two lay Malawians of good standing.
