Judiciary Bill delay irks MLS

Malawi Law Society (MLS) has protested delays to process the Constitutional (Amendment) Bill and Judicial Service and Administration Bill that seek to promote transparency and accountability as well as enhance judicial independence.

The position comes after Ministry of Justice last November assured that the two Bills would be taken to Parliament in February this year. 

Prior to tabling the Bills, the ministry, which had given the society a January 5 2024 deadline to conclude consultations, was supposed to meeting the Judiciary. However, the meet is yet to take place.

In light of the developments, MLS has since resolved to wait until next week for feedback from the Ministry of Justice before taking further steps.

During its extraordinary general meeting held virtually, MLS deliberated on the appropriate plan of action on the draft Bills initiative.

The alternatives and options included petitioning the ministry, undertaking a vigil or conducting protests at the ministry and taking out judicial review proceedings against the ministry for failing to set up a joint consultative meeting.

In an interview yesterday, MLS honorary secretary Gabriel Chembezi confirmed that the law society held its extraordinary general meeting on Thursday where the resolution was made.

According to a copy of the resolution The Nation has seen, MLS decided to wait after the Solicitor General wrote the society on February 15 2024 outlining the steps being undertaken by the ministry on the two draft Bills.

Thus, the society resolved that until the ministry’s meeting with the Judiciary next week, it would develop further approaches towards ensuring the enactment of the draft Bills.

Read the resolutions:“By a vote of 50 percent of the members present at the extraordinary general meeting, the society resolved that given the steps being undertaken by the Ministry of Justice and the Judiciary… to meet and deliberate on the Constitutional (Amendment) Bill, 2023 and the Judicial Service and Administration Bill, 2023 the society shall wait for feedback from the ministry.

“Immediately after which the society through its executive committee and Advisory Team on the Judicial Service Bills shall develop further strategy on the management of the society’s efforts to contribute to the improvements in the administration of justice through enactment of the Constitutional (Amendment) Bill, 2023 and Judicial Service and Administration Bill, 2023 and that Notice of this Resolution shall be given to the Ministry of Justice promptly.”

Ministry of Justice spokesperson Frank Namangale said yesterday in an interview that next week’s meeting scheduled for February 21 2024 was a follow up to the one Minister of Justice Titus Mvalo and his team had with Judiciary representatives on February 13.

“That meeting did not discuss the Bills but other matters. However, they agreed to meet again next week, February 21 2024, to discuss these two bills,” he said.

The Judicial Service Administration Bill, among others, has provisions that would more promote transparency and accountability in the appointment, execution of duties, transfer, discipline and removal of judicial officers and funding of the Judicial Service Commission without interfering with the constitutionally entrenched independence of the Judiciary.