Chief Justice Rizine Mzikamanda has said accountability in the Judiciary is not optional but a constitutional imperative.
Speaking yesterday at the second joint Bench-Bar Symposium in Blantyre, the Chief Justice observed that judicial independence without accountability was incomplete because both principles reinforce impartiality in the administration of justice.
The symposium was jointly organised by Malawi Law Society (MLS) and the Judiciary under the theme ‘Accountability of the Judiciary and the legal profession: Reflections on regulatory frameworks of the Judiciary and the legal profession’.
“We cannot have an independent Judiciary which is not accountable… Accountability and independence of the Judiciary go together and contribute to impart justice for all citizens,” said Mzikamanda.
He said symposiums for the legal profession were significant as they build professional bridges between the Judiciary and lawyers, thereby enhancing public confidence in the justice system.
While admitting that relations between the bench and the bar have at times been turbulent, Mzikamanda expressed optimism that continued dialogue would bring mutual understanding and respect.
He also highlighted that cordial relations between judges and lawyers were essential since what happens in court directly affects citizens seeking justice and the nation’s confidence in judicial integrity.
The Chief Justice said bad relations between lawyers and judicial officers disrupt justice delivery and erode public trust. He urged the members to strengthen professionalism for the good of the people they serve.
MLS president Davis Njobvu echoed Mzikamanda’s sentiments but expressed worry over delayed operationalisation of judicial accountability mechanisms promised under the Judicial Reforms Act.
He said the symposium provided a rare opportunity for the bench and the bar to reflect on their accountability.
However, Njobvu warned that continued delays in establishing the Judicial Service Commission (JSC) and the Independent Complaints Commission of the Judiciary (ICCJ) undermine judicial accountability and public confidence.
He also noted that despite the passage of the Judicial Reforms Acts, there has been no meaningful effort to implement their provisions that require operational frameworks and regulations.
“There are no efforts to operationalise the ICCJ. There is no progress on the promulgation of the regulations under the Judicial Service Administration Act.
“With the absence of the Judicial Service Commission, we obviously cannot have the Code of Conduct for Judicial officers. I would like to reiterate my call for collaboration between the Judiciary and MLS to push for the operationalisation of the Acts,” said Njobvu.
He emphasised that pushing for accountability was not an attack on the Judiciary but a reform effort consistent with practices in neighbouring countries like Kenya, Zambia, and South Africa where similar frameworks improved justice systems.
Governance expert Henry Chingaipe, in his presentation titled ‘Performance and Accountability in the Delivery of Justice’, observed that accountability was about explaining oneself and being answerable.
The first joint Bench-Bar Symposium was held in October 2023 in Lilongwe where the MLS and Judiciary reflected on issues concerning the legal profession and access to justice.
