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 Judiciary on trial

The Legal Affairs Committee of Parliament yesterday said it will investigate allegations of misconduct of High Court of Malawi Judge Kenan Manda and other judicial officers.

Committee chairperson Peter Dimba said since it is their constitutional mandate to provide oversight on the general administration of the law and justice, members decided yesterday to launch an inquiry into the graft claims.

He said the committee will institute an inquiry and invite Malawi Law Society (MLS) which recently indicated that it wrote Chief Justice Rizine Mzikamanda on Manda’s conduct.

Accused of alleged
misconduct: Manda

Said Dimba: “The Judiciary has made strides and earned itself a name over the years and it is unfair for all those gains to be wiped out because of a few bad apples.

“It becomes frustrating to those serving the nation with integrity when crookedness is entertained and rewarded while integrity is frowned upon and at times punished. And that is not the kind of Malawi we must all strive for.”

He said depending on the gravity of the matter, the committee may recommend impeachment of liable judicial officers, arguing such officers do not deserve to handle cases as they are “a hazard to the society”.

 “Imagine, how many lives have been ruined as a result of judgements made based on how much money changed hands and not necessarily based on the law, material facts and evidence of cases,” said Dimba.

This will not be the first time that the committee will be handling a matter concerning Manda.

Two years ago the committee handled a case in which he made a ruling that almost cost a businessperson his Gram Filling Station in Lilongwe.

The issue raised concern among members of Parliament who debated the matter in the

 House.

Dimba pointed out that the committee at the time almost commenced impeachment proceedings against Manda, but did not do so since it trusted that the Judicial Service Commission (JSC) would look into the matter and perhaps recommend to the President his suspension pending investigations.

“But that never happened and instead he was simply transferred from Lilongwe to Blantyre [Registry],” said the committee chair.

Meanwhile, a coalition of civil society organisations (CSOs) under the National Anti-Corruption Alliance (Naca) and National Advocacy Platform (NAP) have also called on the JSC to institute an immediate, impartial, and thorough inquiry into the allegations of corruption at the Judiciary.

Addressing the press yesterday, where they issued a statement signed by NAP chairperson Benedicto Kondowe and Naca chairperson Moses Mkandawire, the CSOs said while issues of judicial misconduct are not new, the current wave of public reaction underscores the gravity and clarity with which these matters have surfaced.

The CSOs fear that the allegations will further erode . public trust in the Judiciary

if they are not addressed

They have since urged the JSC and relevant bodies to act swiftly and decisively.

“This inquiry is critical— not only to protect the reputation of judicial officers, but also to restore public trust where necessary. The integrity of the judiciary is fundamental for ensuring access to justice, advancing democracy, and maintaining social cohesion,” reads the statement in part.

Our efforts to contact Chief Justice Rizine Mzikamanda did not bear fruit as he could not be reached.

Malawi Supreme Court of Appeal and High Court acting registrar Innocent Nebi asked for more time before commenting on the matter.

The controversy stems from Facebook posts by private practice lawyer and human rights advocate Alexious Kamangila, alleging misconduct by Justice Manda in a commercial case.

Justice Manda has since filed a civil suit against Kamangila and last Monday, issued a letter seeking K250 million in compensation over the posts alleging that the judge engaged in fraudulent conduct in the Salima Sugar Company Limited case.

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