Malawi Law Society (MLS) has said the prolonged investigations into alleged professional misconduct of High Court Judge Kenan Manda are raising questions about the processes in terms of seriousness, efficiency, transparency and fairness.
MLS president Davies Njobvu, in an interview yesterday, observed that the delays to conclude the probe are detrimental not only to the judge as a person, but also to the Judiciary and the public.
Inquiry into the judge’s allegations was launched last October and, according to the Judicial Service Commission (JSC), the special investigative process was to be completed within four weeks.
But the MLS president expressed concern that the four-week timeline elapsed and “we are now in the seventh month since the investigations began”.
“It should also be appreciated that the judge’s absence is creating problems for court users, due to the fact that other judges have to take over his matters, thereby putting additional strain on the system,” he said.
Njobvu, a private practice lawyer, said the public concern was all the reason investigations against Judge Manda must be expedited as the effect may end up paralysing the courts.
He said it was essential for the commission to ensure that investigations are concluded in a timely manner to clear the uncertainties and knock-on effects, including delays in cases which prolonged investigations can cause.
Njobvu also hailed Manda for taking time off the bench during the investigations as that would build trust, enhance the court’s integrity and promote independence in the investigations.
But when contacted yesterday, JSC secretary Ireen Chikapa requested to comment after the Easter Holiday while High Court of Malawi and Supreme Court of Appeal chief registrar Innocent Nebi was not available.
Centre for Human Rights and Rehabilitation (CHRR) executive director Michael Kaiyatsa agreed with MLS yesterday, saying the delay was unfortunate and undermines the credibility of the judiciary.
He observed that handling of judicial misconduct cases often lack transparency and accountability which is critical and such delay erodes public trust in the justice system.
He said: “If Malawians were promised that the investigation would be over within four weeks and now it’s now almost seven months it raises serious questions of credibility and seriousness of the judiciary.
“This is not just any other case, it is a case that involves a high profile judge and it is expected that this case would be treated with the seriousness it deserves but this delay is now casting doubt on the seriousness of the Judicial Service Commission to resolve the matter.”
MLS was the first to demand JSC to conduct an inquiry into Manda’s issues in exercise of its powers under sections 118 and 12 of the Constitution and any other judicial officers before JSC announced the launch of its special investigative exercise two weeks later.
