The country’s Judiciary will tomorrow clock a year without a Judicial Service Commission (JSC), a development the Malawi Law Society (MLS) says has crippled oversight role, including an investigation into allegations of corruption involving judges and other judicial officers.
The term of the previous JSC had already ended by the time the Judicial Reform Acts came into force on February 1 2025, raising queries on the status of oversight, supervision and disciplinary powers over workers in judicial service.
President Peter Mutharika is yet to reconstitute a new JSC, a body established by law as responsible for overall regulation and management of the Judiciary.
In an interview on Monday, MLS president Davis Njobvu raised an urgent appeal for appointment of a JSC in accordance with the Judicial Service Administration (JSA) Act, 2025.
He said as required by the JSA Act, 2025, in September 2025, the society submitted its nomination of senior counsel to be appointed as JSC member.
Njobvu feared that the absence of a JSC could have affected the corruption investigation which was sparked by private practice lawyer Alexious Kamangila in 2024.
Said Njobvu: “We have been following up with the Judiciary on the corruption investigation. However, the process seems to have been negatively affected by the fact that there has been no JSC since early last year.
“There is an urgent need for appointment of a JSC pursuant to the JSA Act. Our letter of nomination of senior counsel dated September 12 2025 was sent to the Ministry of Justice through the office of the former Solicitor General on September 15 2025.”
In a statement dated August 19 2025, MLS said Part II of the JSA Act grants the JSC additional powers where Section 4 mandates the Commission to exercise oversight, supervisory and disciplinary powers over employees as well as investigate and deal with complaints made by, or against any judicial service worker.
MLS highlighted Section 29 of the JSA Act which establishes the Independent Complaints Commission of the Judiciary (ICCJ), an independent body, which does not have the power to impose disciplinary sanctions, but is tasked with receiving and investigating complaints and making recommendations.
“ICCJ shall make recommendations to: [a] Parliament, in the event of a recommendation for the removal of a judge; [b] the JSC, in the event of a recommendation to discipline a judge; [c] the JSC, the Chief Registrar or the Secretary of the JSC, as the case may be, in the event of a recommendation to discipline any other employee…
“The JSC has the power to impose: [a] written warning; [b] suspension; [c] demotion; [d] removal from office; or [e] any other appropriate disciplinary sanction as the JSC may determine. The JSC may impose a disciplinary sanction upon finding its employee or a person employed in the Judicial Service guilty,” reads in part the statement.
MLS added that it had observed that since former president Lazarus Chakwera signed the Bills into law in January 2025, no meaningful steps had been taken to implement the reforms.
Reads the statement in part: “As matters stand, there is no authority in place to hold judicial officers and other members of the judicial service accountable in accordance with the framework set out in the law.”
“Between February and August 2025, the lack of action to operationalise the enacted reforms is suggestive of inertia that may kill the reforms which are needed now more than ever before.”
When contacted, Chief Justice (CJ) Rizine Mzikamanda said in a WhatsApp response that all matters relating to the reconstitution of the JSC under the new law are being handled by the ministry where, he said, all institutions direct their nominees to.
He said: “The Secretary for Justice should be in a position to provide useful information on the matters being raised. A new JSC should take over the work of the one it replaces.”
JSC secretary Edwin Wochi expounded in a written response that the ministry is responsible for facilitating the implementations of some of the provisions of the Act.
However, he revealed that JSC operations are still functional as there is currently a transitional Commission chaired by the CJ.
“The transitional JSC is still carrying out its mandate of nominating persons for judicial office and exercising disciplinary powers in relation to persons in judicial offices, hence nothing has suffered,” he said.
Wochi indicated that the Commission is currently in the second phase of the corruption investigation, saying all complaints to JSC were processed, analysed and categorised into three: substantiated, semi-substantiated and unsubstantiated.
He said all allegations were responded to and others were requested to provide additional documentary evidence.
“As the inquiry remains in progress, the Commission is not yet able to make any findings or conclusions public. The JSC will issue further communication once the process is completed and it is appropriate to do so, in accordance with the law and established practice.
“Apart from this clarification, the commission is unable to comment further on the substance of the matters under inquiry while the process is still active,” he said.
Ministry of Justice spokesperson Frank Namangale said in a WhatsApp response that his Ministry is working closely with the Judiciary to implement the JSA Act and Constitution (Amendment) Act, 2025. The two institutions will soon provide an update on the matter to the nation.”
On whether President Peter Mutharika had received a list of nominees to fill the JSC, his spokesperson Cathy Maulidi asked for more time before commenting on the matter.
Section 117 of the Constitution says the JSC shall consist of the CJ as chairperson, the chairperson of the Civil Service Commission, 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 in Malawi and two lay Malawians of good standing.
